home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
In'side Shareware 1994/1995 January
/
ish194-95.iso
/
windows
/
firalarm
/
license.txt
< prev
next >
Wrap
Text File
|
1994-05-27
|
5KB
|
96 lines
LICENSE AGREEMENT
1. LICENSE GRANT. Gemini Software Corporation ("Gemini") grants
to you (either as an individual or entity) a personal,
non-transferable, and non-exclusive right to use the copy
of the object code version of the software provided with
this license. The term of this Agreement will be for the
duration of Gemini's copyright in the software. You agree
you will not copy the software except as necessary to use
it on a single computer system. You agree that you may
not copy the written materials accompanying the software.
You may assign your rights under this Agreement to a
third party who agrees in writing to be bound by this
Agreement prior to the assignment and provided that you
transfer all copies of the software and related
documentation to the third party or destroy any copies
not transferred. Except as set forth above, you may not
assign your rights under this Agreement.
2. COPYRIGHT. You acknowledge that no title to the intellectual
property in the software is transferred to you. You
further acknowledge that the title and full ownership
rights to the software will remain the exclusive property
of Gemini or its suppliers, and you will not acquire any
rights to the software except as expressly set forth
above. 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,
and if you are a corporation, you will use your best
efforts to prevent your employees and contractors from
attempting, to reverse compile, modify, translate, or
disassemble the software in whole or in part.
4. DISCLAIMER OF WARRANTY. THIS SOFTWARE IS SOLD "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD
THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT GEMINI
SOFTWARE CORPORATION) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. Some states
do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. This warranty gives
you specific legal rights and you may also have other
rights which vary from state to state. Gemini Software
Corporation does not warrant that the functions contained
in this software will meet your requirements or that
operation of the software will be uninterrupted or
error free.
5. CUSTOMER REMEDIES. Gemini's entire liability and your sole
and exclusive remedy shall be, at Gemini's option, either
to [a] correct the error, [b] help you work around the
error, or [c] authorize a refund, so long as the software,
documentation and diskettes are returned to Gemini with a
copy of your receipt. This remedy 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 warranty period.
6. SEVERABILITY. In the event of invalidity of any provision of
this Agreement, the parties agree that such invalidity
shall not affect the validity of the remaining portions
of this Agreement.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL GEMINI
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF
THE GEMINI SOFTWARE, EVEN IF GEMINI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GEMINI'S
LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR
ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE
PAID BY YOU.
8. EXPORT. You agree that you will not export or re-export the
software without the appropriate United States or foreign
government licenses.
9. GOVERNING LAW. This Agreement will be governed by the laws
of the State of Maryland as they are applied to
agreements between Maryland residents entered into and
to be performed entirely within Maryland. 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 Gemini which supersedes any prior agreement, whether
written or oral, relating to the subject of this Agreement.