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LICENSE.DOC
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1995-08-13
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LICENSE TERMS AND CONDITIONS
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
USING THESE PROGRAMS. YOUR FIRST USAGE OF THE PROGRAMS SUPPLIED HEREWITH
CONSTITUTES AN ACCEPTANCE OF AND AGREEMENT TO THE TERMS CONTAINED HEREIN.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD CEASE ALL USAGE OF THESE
PROGRAMS.
Upon first use of the Programs, you hereby agree to be bound as follows:
LICENSE: RTFM Software hereby grants to you, and you accept upon first
usage, a non-exclusive, limited right to use the computer software contained
herewith and only as authorized by this agreement. The Programs are provided
to you for the sole purpose of enabling you to determine whether to register
Programs with RTFM Software. These Programs are strictly a non-registered,
demonstration version.
From the date of first use by you of the Programs, you can use and test
the Programs for ONE period of thirty (30) days. Thirty (30) days after
first use of the Programs this license expires and the Programs must be
registered with RTFM Software. Reinstallation of this package does not
grant you a license to use it unregistered for another thirty day period.
REGISTRATION: You agree that you will cease all use of the Programs and
software after thirty (30) days, unless it has been registered with RTFM
Software.
(a) You can register by filling out the registration form included
herewith. Pricing is as stated on said form. Send cheque or money
order to:
RTFM Software
108 Egesz St.
Winnipeg, MB, Canada
R2R 2E1
Or you may register online through CompuServe. Use GO SWREG, the
registration ID is 3853.
(b) Registration of the Programs shall be exclusive to the person or
organization registering. Transfer of the registered Programs and
documentation, or copies of the registered Programs and documentation
to third parties is not permitted. The registered Programs and
documentation shall be subject to all provisions and conditions of this
agreement.
(c) All terms and conditions are subject to change without prior
notice.
RTFM SOFTWARE'S RIGHTS: You acknowledge and agree that the Programs
consist of proprietary products of RTFM Software, protected under the
copyright laws of Canada, the United States and international copyright
conventions. RTFM Software reserves all rights to the Programs and
documentation.
(a) This License Agreement grants to you a limited right of use. You
shall not claim any title, right, or interest in the Programs or
documentation. This limited right of use is revocable if any
term or condition contained in this Agreement is breached.
(b) Under no circumstances may you modify, edit, disassemble, decompile
or reverse engineer any of the Programs or documentation contained in
this package.
DISTRIBUTION: NO commercial or retail distribution is permitted without
prior written permission from RTFM Software. This non-registered version
may be freely distributed, uploaded to BBS's and online services, included
on CD ROM software disks, and distributed by shareware vendors under the
following conditions:
The programs collection and documentation contained herewith must remain
intact, unchanged, unabridged, and unaltered in any way. Any alterations
must have prior approval in writing from RTFM Software. Small additions to
the package, such as compressed library comments are permitted. No charge
may be assessed for the Programs other than a small fee to cover
packaging, shipping and handling. Distibution under any other condition(s)
must receive prior written permission from RTFM Software. (See the file
VENDOR.DOC for more information.)
WARRANTIES:
(a) The Programs and documentation subject to this Agreement are licensed
to you "AS IS" and RTFM Software disclaims any and all warranties,
whether express or implied, including without limitation any implied
warranties of merchantability or of fitness for a particular purpose.
(b) RTFM Software and any associates shall not be liable or responsible
for any damages resulting to you or others from your use of the Programs
or inablity to use the Programs. You assume full responsibility for
determining what use(s) the Programs serve(s), if any, and whether the
Programs meets your requirements. RTFM Software makes no representations
whatsoever concerning the performance, acceptability and/or compatibility
with your equipment and operation of the Programs provided.
LIMITATION OF LIABILITY: You agree that with respect to any claims of any
nature whatsoever that you or any other party may have against RTFM Software
resulting from use of the Programs, that RTFM Software shall be notified in
writing by you of the claim within 30 days of the incident or occurrence
giving rise to the claim, mailed, by registered letter to:
RTFM Software
108 Egesz St.
Winnipeg, MB, Canada
R2R 2E1
You agree that in no event shall RTFM Software be liable for any indirect,
incidental, consequential, special, or exemplary damages or lost profits,
even if RTFM Software has been advised of the possibility of such damages.
You further agree that if for any reason RTFM Software is found to be liable
to you as a result of your use of the Programs and software, that as partial
consideration of RTFM Software granting you this license, you agree that
RTFM Software's sole and exclusive cumulative liability to you or others
shall be no greater than the amount of any registration fee paid by you.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
SEVERABILITY: Should any term of this License Agreement be declared
void or unenforceable by any court of competent jurisdiction, such
declaration shall have no effect on the remaining terms hereof.
NO WAIVER: The failure of either party to enforce any rights
granted hereunder or to take action against the other party in the event
of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of
future breaches.
JURISDICTION AND VENUE: You hereby agree by virtue of this agreement
that any and all actions brought by you against RTFM Software shall be
brought before a Court of competent jurisdiction in Winnipeg, Manitoba
Canada and that this License Agreement shall be deemed to have been
entered into in Winnipeg, Manitoba, Canada.
AMBIGUITY: As partial consideration for the use of the Programs, you
hereby agree that any ambiguity contained in this agreement shall be
construed in favor of RTFM Software.
THESE PROGRAMS ARE THE CONFIDENTIAL AND PROPRIETARY PRODUCT OF
RTFM SOFTAWRE. ANY UNAUTHORIZED USE, UNAUTHORIZED REPRODUCTION OR
UNAUTHORIZED TRANSFER OF THESE PROGRAMS IS STRICTLY PROHIBITED.
COPYRIGHT 1990-1995 BY RTFM SOFTWARE AND RICHARD W. TURENNE.
ALL RIGHTS RESERVED.