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1994-02-24
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CLACOM LICENSE AGREEMENT
------------------------
This legal document is an agreement between you, the end user,
and GAP Development Company. By using the CLACOM software
(the "SOFTWARE") provided by GAP Development Company, you agree
to become bound by the terms of this agreement, which includes
the software license and the disclaimer of warranty.
This agreement constitutes the complete agreement between you and
GAP Development Company. If you do not agree to the terms of
this agreement, promptly return the disks and other items that
are part of this product.
The SOFTWARE may not be copied, reproduced, disclosed, trans-
ferred, or reduced to any form, including electronic medium or
machine readable form, or transmitted or publicly performed by
any means, electronic or otherwise, unless GAP Development
Company consents in writing, in advance.
The SOFTWARE contains valuable trade secrets and proprietary
information and is protected by federal copyright laws. Unautho-
rized use of the software can result in civil damages and
criminal prosecution.
You may use the SOFTWARE on a single computer only. You may not
network the SOFTWARE or otherwise use it on more than one
computer or terminal at the same time.
YOU MAY NOT COPY the SOFTWARE except to place the programs onto
your hard disk and to make archival backup copies onto floppy
disks for your personal use as permitted by this License. You may
not copy the written materials accompanying the software. You may
not grant sublicenses nor transfer the SOFTWARE or related
materials in any form to any person unless GAP Development
Company consents in writing, in advance.
Registration of the SOFTWARE is REQUIRED as a condition of use.
You are granted a royalty-free right to distribute executable
files created using the SOFTWARE. You may not, under any circum-
stances distribute any part of the SOFTWARE with your executable
files.
If you purchased the SOFTWARE SOURCE CODE, you are granted a
nonexclusive, personal, nontransferable, nonassignable license to
use and modify the SOURCE CODE and to distribute your programs.
You may not reproduce or distribute the SOURCE CODE except in
executable form as part of your executable file. If you
distribute your source code, you may not include the SOFTWARE
SOURCE CODE as part of your product.
This License is effective until terminated. This License will
terminate automatically if you fail to comply with any provision
of this License.
Any Demo Programs or Example Files that are distributed as a part
of CLACOM are the property of GAP Development Company and GAP
Development Company reserves the right to use any source code
that is provided with these Demo Programs or Example Files in its
own programs and such use will NOT infringe upon any Copyrights
or TradeMarks you may place upon your programs that use the
CLACOM Library, the Demo Programs, or Example Files.
The GTERM (Terminal Emulation) Program that is supplied with
CLACOM is the exclusive property of GAP Development Company. It
may not, under ANY circumstances be marketed "as is" by any other
individual or company without express written permission from GAP
Development Company.
Government End Users: If CLACOM is acquired by or on behalf of a
unit or agency of the United States Government, this provision
applies. This GAP Development Software:
a) was developed at private expense, is existing computer
software, and no part of it was developed with government
funds,
b) is a trade secret of GAP Development Company for all purposes
of the Freedom of Information Act,
c) is "restricted computer software" submitted with restricted
rights in accordance with sub-paragraphs (a) through (d) of
the Commercial Computer Software - Restricted Rights clause
at 52.227-19 and its successors,
d) in all respects is proprietary data belonging solely to GAP
Development Company,
e) is unpublished and all rights are reserved under the
copyright laws of the United States.
SUMMARY OF LIMITED WARRANTY:
In summary, the SOFTWARE is licensed AS IS. THERE ARE NO WARRAN-
TEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND
SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL GAP DEVELOPMENT COM-
PANY BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR LOST PROFITS TO YOU OR ANY OTHER PERSON
OR ENTITY REGARDLESS OF THE LEGAL THEORY, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
No dealer, company or person is authorized to expand or alter
either these warranties or this agreement; any such representa-
tion will not bind GAP Development Company.
REGISTRATION INFORMATION
------------------------
CLACOM is a professional Communications Library for programmers
using the Clarion Database Developer. It supports standard
Communications Ports as well as the DigiBoard Intelligent serial
cards. Internal File Transfer Protocols include all variations of
Xmodem and Ymodem as well as the popular Zmodem protocol.
CLACOM is a user-supported program, also known as 'shareware'.
Shareware is a means by which users may 'test-drive' software be-
fore purchasing. Generally, it allows the user to evaluate the
software for a period of 30 days. After the evaluation period
the user must either register the product or cease using it.
The shareware version of CLACOM is identical to the registered
version with the exception that it does not include the Zmodem
Protocol or the Protected Mode Libraries. In addition to the
Zmodem Module and the Protected Mode Libraries, a Printed Manual
and technical support are included with the registered version.
You are permitted under the terms of the above License Agreement
to use CLACOM for a period of 30 days without payment. If you
continue to use the product past the 30 day evaluation period,
you must register your copy as described below.
Commercial use of this software absolutely requires a registra-
tion within the 30 day period. Commercial use includes any soft-
ware written or distributed by you or your company which utilizes
CLACOM and which you charge any sum of money for the use of your
software. This includes shareware registration, donations,
registration fees, bartering, or any method you use or devise to
solicit funds from the users of your software.
Commercial use also includes bundling CLACOM with other software
even if that other software does not utilize any of the CLACOM
functions. This type of commercial use is strictly prohibited
unless GAP Development Company consents, in writing, to such use.
Registration of CLACOM is a one time fee of $179.00. Payment of
this fee entitles you to one year of free upgrades, product sup-
port, the right to use CLACOM in any executable program you sell
or distribute, and a good conscience. You will receive a Printed
Manual, the Zmodem module, and the latest version of the library.
GAP Development Company
24242 Porto Fino
Monarch Beach, CA 92629
CLACOM Support Board :
(714)493-3819 - (714)493-9851
Compuserve: Clarion Forum, 3rd Party Authors Section or EMAIL
Kenny Gardner - 76054,210
CLACOM REGISTRATION
I understand and accept the CLACOM License Agreement.
Accepted By : ____________________________________
(signature)
Accepted By : ____________________________________
(printed name)
Date : ____________
Licensee Information :
Name : ___________________________________________
Address : ___________________________________________
Address : ___________________________________________
City,State,Zip : ___________________________________________
Voice Phone : ________________________
One copy of CLACOM is needed for each site, networked computer,
or programmer. Call for Dealer or Site Licensing Prices.
-----------------------------------------------------------------
# Description Price
-----------------------------------------------------------------
6001 CLACOM Run Time Library 179.00 __________
Total Amount Enclosed __________
-----------------------------------------------------------------
If Paying By VISA or MasterCard:
Card # : _____________________________
Expires : _____________________________
Name on Card (print) : __________________________________
Authorized Signature : __________________________________
-----------------------------------------------------------------
GAP Development Company
24242 Porto Fino
Monarch Beach, CA 92629