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cres_lic.txt
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1996-12-17
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11KB
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226 lines
BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE
BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, PLEASE RETURN THE PRODUCT TO THE
PLACE OF PURCHASE FOR A FULL REFUND.
LIVEUPDATE CRESCENDO OR CRESCENDO PLUS END USER LICENSE
AGREEMENT - REDISTRIBUTION NOT PERMITTED
This Agreement has 3 parts. Part I applies if you have not purchased
a license to the accompanying software (the "Software"). Part II
applies if you have purchased a license to the Software. Part III
applies to all license grants. If you initially acquired a copy
of the Software without purchasing a license and you wish to purchase
a license, contact LiveUpdate on the Internet at
http://www.liveupdate.com/crescendo.html.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
(LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.
LiveUpdate grants you a non-exclusive license to use the Software free
of charge if (a) you are a student, faculty member or staff member of
an educational institution (K-12, junior college, college or library)
or an employee of an organization which meets LiveUpdate's criteria for
a charitable non-profit organization; or (b) your use of the Software
is for the purpose of evaluating whether to purchase an ongoing
license to the Software. The evaluation period for use by or on behalf
of a commercial entity is limited to 30 days; evaluation use by others
is not subject to this 30 day limit. Government agencies (other than
public libraries) are not considered educational or charitable
non-profit organizations for purposes of this Agreement. If you are
using the Software free of charge, you are not entitled to hard-copy
documentation, support or telephone assistance. If you fit within the
description above, you may use the Software in the manner described
in Part III below under "Scope of Grant."
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an "AS IS" basis, without
warranty of any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of the Software is
borne by you. Should the Software prove defective, you and not
LiveUpdate assume the entire cost of any service and repair. In
addition, the security mechanisms implemented by LiveUpdate software
have inherent limitations, and you must determine that the Software
sufficiently meets your requirements. This disclaimer of warranty
constitutes an essential part of the agreement.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY
HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, LiveUpdate
grants to you a non-exclusive license to use the Software and
accompanying documentation ("Documentation") in the manner described
in Part III below under "Scope of Grant."
LIMITED WARRANTY.
LiveUpdate warrants that for a period of thirty (30) days from the
date of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation.
LiveUpdate does not warrant, however, that your use of the Software
will be uninterrupted or that the operation of the Software will be
error-free or secure. LiveUpdate also warrants that the media
containing the Software, if provided by LiveUpdate, is free from
defects in material and workmanship and will so remain for thirty (30)
days from the date you acquired the Software. LiveUpdate's sole
liability for any breach of this warranty shall be, in LiveUpdate's
sole discretion: (i) to replace your defective media; or (ii) to advise
you how to achieve substantially the same functionality with the
Software as described in the Documentation through a procedure
different from that set forth in the Documentation; or (iii) if the
above remedies are impracticable, to refund the license fee you paid
for the Software. Repaired, corrected, or replaced Software and
Documentation shall be covered by this limited warranty for the
period remaining under the warranty that covered the original Software,
or if longer, for thirty (30) days after the date (a) of shipment to
you of the repaired or replaced Software, or (b) LiveUpdate advised you
how to operate the Software so as to achieve the functionality
described in the Documentation. Only if you inform LiveUpdate of your
problem with the Software during the applicable warranty period and
provide evidence of the date you purchased a license to the Software
will LiveUpdate be obligated to honor this warranty. LiveUpdate will
use reasonable commercial efforts to repair, replace, advise or, for
individual consumers, refund pursuant to the foregoing warranty within
30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
LIVEUPDATE. LIVEUPDATE MAKES NO OTHER EXPRESS WARRANTY AND NO
WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE
DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO
LIVEUPDATE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE
ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY. If any modifications are made to the Software by you during the warranty
period; if the media is subjected to accident, abuse, or improper use;
or if you violate the terms of this Agreement, then this warranty shall
immediately be terminated. This warranty shall not apply if the
Software is used on or in conjunction with hardware or software other
than the unmodified version of hardware and software with which the
software was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
You may:
* use the Software on any single computer;
* use the Software on a network, provided that each person accessing
the Software through the network must have a copy licensed to that
person;
* use the Software on a second computer so long as only one copy is
used at a time;
* copy the Software for archival purposes, provided any copy must
contain all of the original Software's proprietary notices.
You may not:
* permit other individuals to use the Software except
under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create
derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or
otherwise transfer rights to the Software; or
* remove any proprietary notices or labels on the
Software.
TITLE.
Title, ownership rights, and intellectual property
rights in the Software shall remain in LiveUpdate and/or
its suppliers. The Software is protected by the
copyright laws and treaties. Title and related rights
in the content accessed through the Software is the
property of the applicable content owner and may be
protected by applicable law. This License gives you no
rights to such content.
TERMINATION.
The license will terminate automatically if you fail to
comply with the limitations described herein. On
termination, you must destroy all copies of the Software
and Documentation.
EXPORT CONTROLS.
None of the Software or underlying information or
technology may be downloaded or otherwise exported or
reexported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria
or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Denial Orders.
By downloading or using the Software, you are agreeing
to the foregoing and you are representing and warranting
that you are not located in, under the control of, or a
national or resident of any such country or on any such
list.
.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL LIVEUPDATE OR ITS SUPPLIERS OR RESELLERS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES. IN NO EVENT WILL LIVEUPDATE BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE AMOUNT LIVEUPDATE RECEIVED FROM
YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LIVEUPDATE
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS.
If the copy of the Software you received was accompanied
by a printed or other form of "hard-copy" End User
License Agreement whose terms vary from this Agreement,
then the hard-copy End User License Agreement governs
your use of the Software. This Agreement represents the
complete agreement concerning this license and may
amended only by a writing executed by both parties. THE
ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS
SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be
unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable. This
Agreement shall be governed by California law (except
for conflict of law provisions). The application the
United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or
disclosure by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at FAR
52.227-19 when applicable, or in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, or to
LiveUpdate's standard commercial license, as applicable,
and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is LiveUpdate, a division of LABTECH,
400 Research Drive, Wilmington, MA 01877.