Merriam-Webster's Spell Checker 1.0b/Merriam-Webster's Spell Checker v1.0b (Merriam-Webster)(2000).iso/mac/License.txt

Text File | 1999-05-12 | 6KB | 116 lines

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Please read the following License Agreement for Merriam-Webster's
Spelling Checker and click Accept to proceed with the installation.
_____________________________________________________

Merriam-Webster License Agreement

NOTICE TO END USER: CAREFULLY READ THE
FOLLOWING LEGAL AGREEMENT. USE OF THE
SOFTWARE PROVIDED WITH THIS AGREEMENT
(THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE
OF THESE TERMS. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, PROMPTLY RETURN
THE SOFTWARE AND THE ACCOMPANYING ITEMS
(INCLUDING WRITTEN MATERIALS AND CONTAINERS)
TO THE LOCATION WHERE YOU OBTAINED THEM FOR
A FULL REFUND.

1.   License Grant.   Merriam-Webster, Incorporated
     ("Merriam") 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 Merriam's
     copyright in the SOFTWARE. You agree you will not
     copy the SOFTWARE except as necessary to use it on
     not more than two single computers in accordance with
     the terms of this license. You may install the SOFTWARE
     on not more than two computers, provided that there is
     no possibility that the SOFTWARE can be used on more
     than one computer at any given time. 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 copyright
     of, or other intellectual property rights relating to, the
     SOFTWARE is transferred to you. You further
     acknowledge that title and full ownership rights to the
     SOFTWARE will remain the exclusive property of Merriam,
     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.   Limited Warranty.  Merriam warrants that the SOFTWARE
     will perform substantially in accordance with the accompanying
     documentation and that the documentation and diskettes are free
     from any physical defects for a period of ninety (90) days from
     the date of purchase ("Limited Warranty"). EXCEPT FOR THE
     FOREGOING LIMITED WARRANTY, MERRIAM MAKES NO
     OTHER EXPRESS OR IMPLIED WARRANTIES TO THE EXTENT
     PERMITTED BY LAW AND SPECIFICALLY DISCLAIMS THE
     WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY
     RIGHTS, MERCHANTABILITY AND FITNESS FOR A
     PARTICULAR PURPOSE. IF SUCH DISCLAIMER IS NOT
     PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED
     WARRANTIES IS LIMITED TO 90 DAYS FROM THE DATE OF
     DELIVERY. 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 SUCH 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.

5.   No Liability for Consequential Damages.   IN NO EVENT SHALL
     MERRIAM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
     SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY
     KIND ARISING OUT OF THE USE OF THE MERRIAM
     SOFTWARE, EVEN IF MERRIAM HAS BEEN ADVISED OF
     THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
     MERRIAM'S LIABILITY FOR ANY CLAIM, WHETHER IN
     CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY,
     EXCEED THE LICENSE FEE PAID BY YOU.

6.   Customer Remedies.   Merriam's entire liability and your sole and
     exclusive remedy with respect to the SOFTWARE shall be, at
     Merriam's option, either to (a) correct the error, (b) help you work
     around or avoid the error or (c) authorize a refund, so long as the
     SOFTWARE documentation and diskettes are returned to Merriam
     with a copy of your receipt. This 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 warranty period.

7.   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.

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 Massachusetts as they are applied to agreements
     between Massachusetts residents entered into and to be
     performed entirely within Massachusetts.

10.  Entire Agreement.   This is the entire agreement between
     you and Merriam which supersedes any prior agreement,
     whether written or oral, relating to the subject matter of this
     Agreement.