Netwerk 14/Netwerk_Vol14.iso/conseal/cpf9x206.exe/LICENSE.TXT

Text File | 1999-05-10 | 9KB | 139 lines

SIGNAL 9 (R) SOFTWARE LICENSE AGREEMENT FOR CONSEAL (R) PC FIREWALL (TM)
_______________________________________________________________________

PLEASE READ THIS LICENSE CAREFULLY BEFORE PROCEEDING TO DOWNLOAD OR
INSTALL THE SOFTWARE.  BY DOWNLOADING OR INSTALLING AND/OR USING THE
SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS SOFTWARE
LICENSE AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,
YOU ARE NOT AUTHORIZED TO DOWNLOAD OR INSTALL THIS SOFTWARE.  USERÆS
USE OF THIS SOFTWARE IS CONDITIONAL UPON COMPLIANCE BY USER WITH  THE
TERMS OF THIS LICENSE.
_______________________________________________________________________

This Signal 9 Solutions Canada Inc. Software License Agreement
("License") is an agreement between you (the individual or corporation
who operates the Software) and Signal 9 Solutions Canada Inc. ("Signal
9").  This License applies to the Signal 9 software product (the
"Software"), which includes the program and license code (the "Program")
and any applicable user materials (the "Related Documentation").
1.      GRANT OF LICENSE. Upon payment for use of the Software, Signal
9 grants you a non-exclusive, non-transferable right to use the
Software in machine executable form on a single designated central
processing unit (CPU) at a single time, even if more than one kind of
medium is contained in the package or if you are provided with an
updated version on new medium. A license for the Software may not be
shared or used concurrently on different computers.  You may make a
single copy of the Program in any machine readable form for back-up
purposes in support of the authorized use of the Program on the
designated CPU. In the case of evaluation versions of the Software,
Signal 9 grants you a non-exclusive, non-transferable license to use
this Software for evaluation purposes for a period not to exceed thirty
(30) days.  Evaluation Software may contain code which will deactivate
the Software after the evaluation period.  If you wish to continue
using this Software after the thirty-day evaluation period, you MUST
purchase a license for the full production version of the Software.
You may not attempt to use any means to extend the operation of the
Software.
2.      OTHER RESTRICTIONS.  Except with the express written consent of
Signal 9, you agree you will not attempt to:
(a) copy, rent, lease, sell or distribute the Software;
(b) modify, decompile, translate, reverse engineer, create derivative
works of, or disassemble in whole or in part or to otherwise attempt to
derive source code or underlying ideas or algorithms from the Program;
and (c) transfer the Software or this License to any other third party.
Any unauthorized use shall result in immediate and automatic termination
of this license (without any notice from Signal 9).  All rights not
expressly granted herein are reserved to Signal 9. The License granted
by Signal 9 in Section 1 above is not assignable, saleable, or
franchisable by you to any third party. Rights to distribute the
Software may be negotiated independently with Signal 9 Solutions Inc.
Purchase price does not include product support.
3.      COPYRIGHT.  Title and ownership of the Software and all
associated intellectual property rights, including but not limited to
any trademark, trade secrets, copyright or similar rights in the
software are and shall remain the exclusive property of Signal 9 and/or
other licensors. The Software is protected by copyright law and by
applicable international treaty provisions.  Except for back-up purposes
as specified in Section 1 above, you are not permitted to copy the
Software. You may not copy any printed materials accompanying the
Software.  If no printed materials accompany the Software, then you may
print one copy of the "online" or electronic documentation for each user
for which an applicable license fee has been paid.  You agree that any
copies of the Software will contain the same proprietary notices or
labels which appear in and on the Software.
4.      TERM.  This License is effective for the duration of the useful
life of the Software or until terminated.  This License shall terminate
automatically (without notice from Signal 9) should you fail to comply
with any of the terms or conditions of this License.  Upon termination
of the License for any reason, all copies of the Software must be
destroyed.
5.      WARRANTY. SIGNAL 9 WARRANTS THAT THE SOFTWARE WILL OPERATE
SUBSTANTIALLY IN ACCORDANCE WITH THE HELP INSTRUCTIONS CONTAINED
THEREIN FOR A PERIOD OF NINTETY (90) DAYS FROM DATE OF RECEIPT.  THIS
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE
RESPONSIBLE FOR THE ENTIRE RISK WITH RESPECT TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM. SIGNAL 9 DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATIONS OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, OR
THAT DEFECTS IN THE SIGNAL 9 PROGRAM WILL BE CORRECTED.  FURTHERMORE,
SIGNAL 9 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO
THEIR CORRECTNESS, ACCURACY, RELIABILITY, EFFECTIVENESS OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIGNAL 9 OR ANY
SIGNAL 9 AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD THE SIGNAL 9 SOFTWARE
PROVE DEFECTIVE, YOU (AND NOT SIGNAL 9 OR A SIGNAL 9 AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY IN ITS
ENTIRETY TO YOU.
6.      LIMITATION OF LIABILITY.  IN NO EVENT WILL SIGNAL 9 BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA,
OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES)
ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN WHERE
SIGNAL 9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION OF LIABILITY MAY NOT FULLY APPLY TO YOU.  IN NO EVENT SHALL
THE LIABILITY OF SIGNAL 9, OR ITS EMPLOYEES, REPRESENTATIVES OR
DISTRIBUTORS, FOR ANY CLAIM ARISING FROM THE USE OF THE SOFTWARE OR
THIS AGREEMENT EXCEED THE AMOUNT OF FEES RECEIVED BY SIGNAL 9, IF ANY,
IN RESPECT OF YOUR USE OF THE SOFTWARE.
7.      U.S. GOVERNMENT RESTRICTED RIGHTS.  Use, duplication, or
disclosure by the U.S. Government of the computer software and
documentation in this package shall be subject to the restricted rights
applicable to commercial computer software as set forth in subdivision
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause
at 252.227-7013 (DFARS 52.227-7013) or subdivision (c)(1) and (2) of
the Commercial Computer Software -- Restricted Rights clause at 48 CFR
52.227-19, as applicable.  The contractor/manufacturer is Signal 9
Solutions Canada Inc., 406-580 Terry Fox Drive, Kanata, ONTARIO,
Canada K2L 4B9.
8.      GOVERNING LAW.  This License will be governed by the laws of
the Province of Ontario, Canada and you agree that any litigation
arising hereunder shall be brought by you before the courts of the
Judicial District of Ottawa, Province of Ontario. Signal 9 may initiate
an action in any appropriate jurisdiction.  If for any reason a court
of competent jurisdiction finds any provision of this License
unenforceable, that provision of the License shall be enforced to the
maximum extent permissible so as to effect the intent of the parties,
and the remainder of this License shall continue in full force and
effect.  The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
9.      COMPLETE AGREEMENT.  You acknowledge having read this License
agreement, understanding it and agreeing to be bound by its terms and
conditions.  It is understood that this License is the complete and
exclusive statement between you and Signal 9 (including its dealers,
distributors, agents and employees) which supersedes any proposal or
prior agreement, oral or written, and any other communications relating
to the subject matter of the License.  Should you have any questions
regarding this License or the Software, please contact in writing:
Signal 9 Solutions Canada Inc., 406-580 Terry Fox Dr., Kanata, ONTARIO,
Canada  K2L 4B9 or send e-mail to [e-mail].
ConSeal PC FIREWALL (TM), ConSeal (R) and Signal 9 (R) are trademarks
or U.S. registered trademarks of Signal 9 Solutions Canada Inc.