home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Gold Medal Software 3
/
Gold Medal Software - Volume 3 (Gold Medal) (1994).iso
/
utils1
/
dvprmp20.arj
/
LICENSE.DOC
< prev
next >
Wrap
Text File
|
1993-01-18
|
19KB
|
363 lines
Please feel free to (i) upload this software to any electronic
bulletin board, (ii) demonstrate the software and its capabilities
or (iii) give copies to potential users, so that others may have
the opportunity to obtain a copy for use in accordance with the
license terms contained in this file...
BUSINESS/INSTITUTION/GOVERNMENT LICENSE. If you are a business,
institution or government agency, the first of the three licenses
in this file pertains to you.
SHAREWARE DISTRIBUTION LICENSE. If you are a shareware
distributor, the second of the three licenses in this file pertains
to you.
HOME USER LICENSE. If you are an individual end user whose use is
not on behalf of a business, organization or government agency, the
third of the three licenses in this file pertains to you.
BUSINESS/INSTITUTION/GOVERNMENT LICENSE
NOTICE TO USERS ("COMPANY"): CAREFULLY READ THE FOLLOWING
LEGAL AGREEMENT. COMPANY'S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY COMPANY WITH THE TERMS OF THIS AGREEMENT. THE
SOFTWARE MAY BE EVALUATED FOR FIVE DAYS ON A ROYALTY FREE BASIS.
CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY
COMPANY OF THE NEGOTIATED LICENSE FEE SPECIFIED IN A CONFIRMATION
LETTER FROM TESSLER.
The Software may not be distributed by Company to any
outside corporation, organization or government agency. This
license authorizes Company to use the number of copies described in
the confirmation letter from Tessler and for which Company has paid
Tessler the negotiated license fee. If the confirmation letter
from Tessler indicates that Company's license is "Corporate-Wide",
this license will be deemed to cover copies duplicated and
distributed by Company for use on any additional incremental
machines purchased or leased by Company during the life of the
product. If Company does not obtain a confirmation letter and pay
the applicable license fee, this license expires at the end of the
five day evaluation period.
I. SINGLE POINT OF CONTACT. Support for Software bug reports
and other product issues will be handled through a single point of
contact within the Company. Company shall identify the contact
individual when placing its order with Tessler or Tessler's
Authorized Agent. There will be no charge for support of the
Software when channeled through such individual. Support requests
from other organizational areas will be billed at normal hourly
support rates.
II. EMPLOYEE HOME USE OPTION. In the case where Company is
licensing more than 50 copies of the Software, Tessler will license
the Software for home use by employees if requested by Company, in
writing. The cost for this option is 50% of the standard site
license fee for that number of employee home use machines.
III. GENERAL TERMS.
COPYRIGHT. The Software is protected by United States
copyright laws and international treaty provisions. Company
acknowledges that no title to the intellectual property in the
Software is transferred to Company. Company further acknowledges
that full ownership rights to the Software will remain the
exclusive property of Tessler or its suppliers, and Company will
not acquire any rights to the Software except as expressly set
forth in this license. Company agrees that any copies of the
Software made by Company will contain the same proprietary notices
which appear on and in the Software.
REVERSE ENGINEERING. Company agrees that it will not
attempt, and will use its best efforts to prevent its employees
from attempting to reverse compile, modify, translate or
disassemble the Software in whole or in part.
LIMITED WARRANTY. Tessler warrants that the Software will
perform substantially in accordance with the accompanying
documentation for a period of ninety (90) days from the date
Tessler receives payment.
COMPANY REMEDIES. If the Software does not conform to the
limited warranty above ("Limited Warranty"), Tessler's entire
liability and Company's sole and exclusive remedy shall be, at
Tessler's option, either to (a) correct the error, (b) help Company
work around or avoid the error or (c) authorize a refund, so long
as the Software is destroyed by Company. The Limited Warranty is
void if failure of the Software has resulted from accident, abuse,
or misapplication. Any replacement Software will be warranted for
the remainder of the original Limited Warranty period.
NO OTHER WARRANTIES. TESSLER DOES NOT WARRANT THAT THE
SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY
ABOVE, TESSLER DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE
SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS.
SEVERABILITY. In the event of invalidity of any provision
of this license, the parties agree that such invalidity shall not
affect the validity of the remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
TESSLER OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,
PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF TESSLER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
TESSLER'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY
OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY COMPANY.
EXPORT. Company agrees that it will not export or
re-export the Software to North Korea, Vietnam, Cuba, Iran or Iraq
without the appropriate United States or foreign government
licenses.
GOVERNING LAW. This Agreement will be governed by the laws
of the State of California as they are applied to agreements to be
entered into and to be performed entirely within California. The
United Nations Convention on Contracts for the International Sale
of Goods is specifically disclaimed.
ENTIRE AGREEMENT. This Agreement together with any Tessler
confirmation letter constitute the entire agreement between Company
and Tessler which supersedes any prior agreement, including any
prior license from Tessler, or understanding, whether written or
oral, relating to the subject matter of this Agreement. The terms
and conditions of this Agreement shall apply to all orders
submitted to Tessler and shall supersede any different or
additional terms on purchase orders from Company.
Should you have any questions concerning this license
agreement, or if you desire to contact Tessler for any reason,
please write: Tessler, 430 'A' Canyon Woods Place Suite A, San
Ramon, Ca. 94583.
TESSLER SHAREWARE DISTRIBUTION LICENSE
NOTICE TO SHAREWARE DISTRIBUTORS ("DISTRIBUTOR"):
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. DISTRIBUTOR'S RIGHT
TO DISTRIBUTE THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY
DISTRIBUTOR WITH THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. Tessler ("Tessler") grants to
Distributor a nonexclusive, worldwide right to distribute the
object code version of the Software as shareware. This license to
distribute the Software is conditioned upon Distributor's
compliance with the terms of this Agreement. Distributor will not
copy the Software except as necessary to use it in accordance with
this license, and Distributor is granted no right to modify or
sub license the Software. All files of this Software must be
distributed bundled together, with the Software .COM and .EXE files
bundled with the LICENSE.DOC file. All Software
distribution must be via diskettes (which are either write-
protected or notch less) or electronic transmission (in which case
the original archive file from Tessler must be used). Distributor
is prohibited from installing copies of the Software on hard drives
and distributing such hard drives.
2. NO SUB LICENSE FEE. Distributor may not charge
its customers for the Software other than a nominal fee for the
diskette.
3. COPYRIGHT. The Software is protected by United
States copyright laws and international treaty provisions.
Distributor acknowledges that no title to the intellectual property
in the Software is transferred to Distributor. Distributor further
acknowledges that full ownership rights to the Software will remain
the exclusive property of Tessler or its suppliers, and Distributor
will not acquire any rights to the Software except as expressly set
forth in this license. Distributor agrees that any copies of the
Software made by Distributor will contain the same proprietary
notices which appear on and in the Software.
4. REVERSE ENGINEERING. Distributor agrees that it
will not attempt, and will use its best efforts to prevent its
employees from attempting to reverse compile, modify, translate or
disassemble the Software in whole or in part.
5. LIMITED END USER WARRANTY. Tessler warrants the
Software TO END USERS ONLY pursuant to the terms and conditions of
the end user license and no warranty is extended to Distributor.
In the event the Software does not conform to the limited warranty
described in the end user license, Tessler will provide the end
user with a solution in accordance with the terms of the end user
license. Distributor agrees to provide Tessler with reasonable
assistance in providing warranty assistance to end users.
6. NO OTHER WARRANTIES. TESSLER DOES NOT WARRANT
THAT THE SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS WARRANTIES
GRANTED TO THE END USER IN THE END USER LICENSE AGREEMENT, TESSLER
DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON
INFRINGEMENT OF THIRD PARTY RIGHTS.
7. SEVERABILITY. In the event of invalidity of any
provision of this license, the parties agree that such invalidity
shall not affect the validity of the remaining portions of this
license.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO
EVENT SHALL TESSLER OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF TESSLER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. EXPORT. Distributor agrees that it will not
export or re-export the Software to North Korea, Vietnam, Cuba,
Iran or Iraq without the appropriate United States or foreign
government licenses.
10. GOVERNING LAW. This Agreement will be governed by
the laws of the State of California as they are applied to
agreements to be entered into and to be performed entirely within
California. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
11. ENTIRE AGREEMENT. This Agreement constitutes the
entire agreement between Distributor and Tessler which supersedes
any prior agreement, including any prior license from Tessler, or
understanding, whether written or oral, relating to the subject
matter of this Agreement.
Should you have any questions concerning this license
agreement, or if you desire to contact Tessler for any reason,
please write: Tessler, 430 'A' Canyon Woods Place Suite A, San
Ramon, Ca. 94583.
TESSLER HOME USER LICENSE
NOTICE TO HOME USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
YOU MUST PROMPTLY REGISTER YOUR USE OF THE SOFTWARE PROVIDED WITH
THIS AGREEMENT (THE "SOFTWARE") BY CONTACTING TESSLER WITH PAYMENT.
1. LICENSE GRANT. If you are a home user, Tessler grants
to you, as an individual, a non-exclusive right to use one copy of
the object code version of the SOFTWARE associated with this
license for personal use on your computer. This license to use the
SOFTWARE is conditioned upon your compliance with the terms of this
Agreement. You are entitled to evaluate the software on a royalty
free basis for five days. Use after the five day evaluation period
is further conditioned upon payment of the license fee specified in
the program's help screen. You agree you will only copy the
SOFTWARE as necessary to use it in accordance with this license.
2. COPYRIGHT. The SOFTWARE is protected by United States
copyright law and international treaty provisions. You acknowledge
that no title to the intellectual property in the SOFTWARE is
transferred to you. You further acknowledge that title and full
ownership rights to the SOFTWARE will remain the exclusive property
of Tessler or its suppliers, and you will not acquire any rights to
the SOFTWARE except as expressly set forth in this license. You
agree that any copies of the SOFTWARE will contain the same
proprietary notices which appear on and in the SOFTWARE.
3. REVERSE ENGINEERING. You agree that you will not
attempt to reverse compile, modify, translate, or disassemble the
SOFTWARE in whole or in part.
4. LIMITED WARRANTY. Tessler warrants that the SOFTWARE
will perform substantially in accordance with the accompanying
written materials for a period of ninety (90) days from the date of
purchase. Any implied warranties relating to the SOFTWARE are
limited to ninety (90) days.
5. CUSTOMER REMEDIES. If the SOFTWARE does not conform to
the limited warranty in Section 4 above ("Limited Warranty"),
Tessler's entire liability and your sole and exclusive remedy shall
be, at Tessler's option, either to (a) correct the error or (b)
help you work around or avoid the error. The Limited Warranty is
void if failure of the SOFTWARE has resulted from accident, abuse,
or misapplication. Any replacement SOFTWARE will be warranted for
the remainder of the original Limited Warranty period.
6. NO OTHER WARRANTIES. TESSLER DOES NOT WARRANT THAT THE
SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN
SECTION 4 ("LIMITED WARRANTY"), TESSLER DISCLAIMS ALL OTHER
WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF THIRD
PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION.
7. SEVERABILITY. In the event of invalidity of any
provision of this license, the parties agree that such invalidity
shall not affect the validity of the remaining portions of this
license.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT
SHALL TESSLER OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND
ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE,
EVEN IF TESSLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL TESSLER'S LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED
THE LICENSE FEE PAID BY YOU, IF ANY.
9. GOVERNING LAW. This license will be governed by the
laws of the State of California as they are applied to agreements
between California residents entered into and to be performed
entirely within California. The United Nations Convention on
Contracts for the International Sale of Goods is specifically
disclaimed.
10. ENTIRE AGREEMENT. This is the entire agreement between
you and Tessler which supersedes any prior agreement or
understanding, whether written or oral, relating to the subject
matter of this license.
Should you have any questions concerning this license
agreement, or if you desire to contact Tessler for any reason,
please write: Tessler, 430 'A' Canyon Woods Place Suite A, San
Ramon, Ca. 94583.
<eof>