New Star Software Collection/NSS_Collection.iso/3-239 scan 214/1.imz/1.IMA/LICENSE.TXT

Text File | 1994-12-19 | 23KB | 457 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.  Forms to request information
regarding this license are at the end of this file.

SERVICE LICENSE.  If you are a business using the software
programs for checking client and customer diskettes and systems,
the second of the three licenses in this file pertains to you.

SHAREWARE DISTRIBUTION LICENSE.  If you are a shareware
distributor, the third 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 license in the REGISTER.TXT file pertains to you.
Registration forms are also located in the REGISTER.TXT file.

_______________________________________________________________

      McAFEE, INC. 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 MCAFEE, INC. ("MCAFEE").

        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 McAfee and for which Company has
paid McAfee the negotiated license fee.  If the confirmation
letter from McAfee 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
Term, at no additional charge.  This license will remain in
effect for two years from the date of the confirmation letter
from McAfee authorizing such continued use or such other period
as is stated in the confirmation letter (the "Term").  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.  All updates must be accessed and downloaded
from McAfee's bulletin board, the McAfee Virus Forum on
CompuServe or McAfee's Internet node.  Access instructions for
the Company's licensed user bulletin board are included in the
confirmation letter.  In the case where Company is licensing more
than 75 copies of the Software, updates may also be provided
in diskette form at no charge as they occur or quarterly,
whichever is less frequent, during the term of this license.

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 McAfee or McAfee's
Authorized Agent.  There will be no charge for support of the
Software from the Company's headquarters in Santa Clara when
channelled through such individual.  Support requests from other
organizational areas will be billed at normal hourly support rates.

II.     INFECTION SUPPORT.  Telephone, BBS, CompuServe and Internet
support for virus infections is available at no additional
charge.  On-site support may be obtained from a McAfee Authorized
Agent, as available, at a negotiated hourly rate plus travel time
and expenses.

III.    EMPLOYEE HOME USE OPTION.  In the case where Company is
licensing more than 75 copies of the Software, McAfee will
license the Software for home use by employees if requested by
Company, in writing, within the first year of the license.  The
cost for this option is 20% of the standard site license fee for
that number of employee home use machines.

IV.     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 McAfee 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.  McAfee warrants that the Software will
perform substantially in accordance with the accompanying
documentation for a period of ninety (90) days from the date
McAfee receives payment.

        COMPANY REMEDIES.  If the Software does not conform to the
limited warranty above ("Limited Warranty"), McAfee's entire
liability and Company's sole and exclusive remedy shall be, at
McAfee'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.  MCAFEE DOES NOT WARRANT THAT
THE SOFTWARE IS ERROR FREE, IDENTIFIES ALL KNOWN VIRUSES OR MAY NOT
OCCASIONALLY REPORT A VIRUS IN A FILE NOT INFECTED BY THAT VIRUS.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, MCAFEE 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 NONINFRINGEMENT
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
MCAFEE 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 MCAFEE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL
MCAFEE'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.

        U.S. GOVERNMENT RESTRICTED RIGHTS.  If the Software is
acquired (i) for use by DoD, use, duplication or disclosure by
the Government is subject to the terms of this license unless
superseded by 252.227-7013(c)(1)(ii) or (ii) for use by civilian
agencies, use, reproduction or disclosure is subject to the terms
of this license unless superseded by 52.227-19.

        ENTIRE AGREEMENT.  This Agreement together with any McAfee
confirmation letter constitute the entire agreement between
Company and McAfee which supersedes any prior agreement,
including any prior license from McAfee, 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 McAfee 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 McAfee for any reason,
please call [phone], fax [phone], or write:  McAfee,
Inc. 2710 Walsh Avenue, Suite 200, Santa Clara, California
95051-0963.

_________________________________________________________________

                McAFEE SERVICE LICENSE

        NOTICE TO SERVICE PROVIDERS ("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 AND PAYMENT BY COMPANY OF THE NEGOTIATED LICENSE FEE
SPECIFIED IN A CONFIRMATION LETTER FROM MCAFEE, INC.("MCAFEE").

        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 McAfee and for which Company has
paid McAfee the negotiated license fee.  The Software must remain
on diskette, may not be copied to a hard drive, and must be
removed from the client/customer site when the Company
representative leaves the site.  This license will remain in
effect for two years from the date of the confirmation letter
from McAfee authorizing such use or such other period as is
stated in the confirmation letter (the "Term").  All updates must
be accessed and downloaded from McAfee's bulletin board, the
McAfee Virus Forum on CompuServe or McAfee's Internet node.
Access instructions for the Company's licensed user bulletin
board are included in the confirmation letter.

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 McAfee or McAfee's
Authorized Agent.  There will be no charge for support of the
Software when channelled through such individual.  Support
requests from other organizational areas will be billed at normal
hourly support rates.

II.     INFECTION SUPPORT.  Telephone, BBS, CompuServe and Internet
support for virus infections is available at no additional
charge.

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 McAfee 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.  McAfee warrants that the Software will
perform substantially in accordance with the accompanying
documentation for a period of ninety (90) days from the date
McAfee receives payment.

        COMPANY REMEDIES.  If the Software does not conform to the
limited warranty above ("Limited Warranty"), McAfee's entire
liability and Company's sole and exclusive remedy shall be, at
McAfee'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.    MCAFEE DOES NOT WARRANT THAT
THE SOFTWARE IS ERROR FREE, IDENTIFIES ALL KNOWN VIRUSES OR MAY NOT
OCCASIONALLY REPORT A VIRUS IN A FILE NOT INFECTED BY THAT VIRUS.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, MCAFEE 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 NONINFRINGEMENT
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
MCAFEE 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 MCAFEE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL
MCAFEE'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.

        U.S. GOVERNMENT RESTRICTED RIGHTS.  If the Software is
acquired (i) for use by DoD, use, duplication or disclosure by
the Government is subject to the terms of this license unless
superseded by 252.227-7013(c)(1)(ii) or (ii) for use by civilian
agencies, use, reproduction or disclosure is subject to the terms
of this license unless superseded by 52.227-19.

        ENTIRE AGREEMENT.  This Agreement together with any McAfee
confirmation letter constitute the entire agreement between
Company and McAfee which supersedes any prior agreement,
including any prior license from McAfee, 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 McAfee 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 McAfee for any reason,
please call [phone], fax [phone], or write:  McAfee
2710 Walsh Avenue, Santa Clara, California  95051.

_________________________________________________________________

        McAFEE, INC. 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.  McAfee, Inc. ("McAfee") 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 sublicense the Software.  Distributor may download the
Software files from McAfee's electronic bulletin board system at
408-988-4004, settings are 8Nl, ANSI or TTY emulation, and full
duplex, from the McAfee Virus Forum on CompuServe or McAfee's
Internet node.  All files of this Software must be distributed bundled
together, with the Software .COM and .EXE files bundled with the
LICENSE.TXT, REGISTER.TXT and AGENTS.TXT file.  All Software
distribution must be via diskettes (which are either write-protected
or notchless) or electronic transmission (in which case the original
archive file from McAfee must be used).  Distributor is prohibited
from installing copies of the Software on hard drives and distributing
such hard drives.

        2.       NO SUBLICENSE FEE.  Shareware Distributors may not
charge their customers for the Software other than a nominal fee for
the diskette and must make clear on the diskette package and diskette
label that the Software on the diskette is for evaluation purposes
only, and that its use beyond 5 days requires a valid license or
registration through McAfee, Inc. or an Authorized McAfee Support
center (see AGENTS.TXT file). Shareware Distributors agree not to
offer any service or subscription that includes updates of McAfee
Software.  Such access to, or provision of, McAfee Software updates is
a benefit of properly licensing the Software through McAfee, Inc.
or an Authorized Agent. All registration and licensing opportunities
shall be referred to McAfee, Inc. or to an Authorized Agent (see
AGENTS.TXT file)

        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 McAfee 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.  McAfee 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, McAfee will
provide the end user with a solution in accordance with the terms
of the end user license.  Distributor agrees to provide McAfee
with reasonable assistance in providing warranty assistance to
end users.

        6.       NO OTHER WARRANTIES.  MCAFEE DOES NOT WARRANT THAT
THE SOFTWARE IS ERROR FREE, IDENTIFIES ALL KNOWN VIRUSES OR MAY NOT
OCCASIONALLY REPORT A VIRUS IN A FILE NOT INFECTED BY THAT VIRUS.
EXCEPT FOR THE EXPRESS WARRANTIES GRANTED TO THE END USER IN THE END
USER LICENSE AGREEMENT, MCAFEE 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 NONINFRINGEMENT 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 MCAFEE 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 MCAFEE 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.      U.S. GOVERNMENT RESTRICTED RIGHTS.  If Distributor
provides the Software for use by DoD, Distributor agrees to
insure that use, duplication or disclosure by the Government will
be subject to the terms of this Agreement unless superseded by
252.227-7013(c)(1)(ii).  If Distributor provides the Software for
use by civilian agencies, Distributor agrees to insure that use,
reproduction or disclosure is subject to the terms of this
Agreement unless superseded by 52.227-19.

        12.      ENTIRE AGREEMENT.  This Agreement constitutes the
entire agreement between Distributor and McAfee which supersedes
any prior agreement, including any prior license from McAfee, 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 McAfee for any reason,
please call [phone], fax [phone], or write:  McAfee
2710 Walsh Avenue, Santa Clara, California  95051.

_________________________________________________________________

BUSINESS/INSTITUTION/GOVERNMENT REQUEST FOR INFORMATION FORM

Please mail ____________ or FAX _____________ license
information.

We have approximately __________ DOS based systems.  Send to:

Name:_______________________________  Dept:____________________

Company:_______________________________________________________

Address:_______________________________________________________

_______________________________________________________________

City/State/Province:___________________________________________

Country/Postal Code:___________________________________________

Telephone:____________________   Fax:__________________________


Send to:

McAfee
2710 Walsh Avenue
Santa Clara, California
95051-0963 USA

Or send to any of the AUTHORIZED AGENTS listed in the AGENTS.TXT file

For questions, orders and problems call
(M-F, 7:00am - 5:30pm PT):               [phone]  Business

For FAXs (24 hour, Group III FAX):       [phone]  FAX

Bulletin Board System (24 hour, 32 lines,
1200 - 14.4K baud, US Robotics HST DS):  [phone]  BBS