home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Mac Magazin/MacEasy 43
/
Mac Magazin and MacEasy Magazine CD - Issue 43.iso
/
Software
/
Mobiles Büro
/
Newton
/
Newton Internet
/
WebXpress v1.03
/
LICENSE.TXT
next >
Wrap
Text File
|
1997-10-03
|
7KB
|
114 lines
END USER LICENSE AGREEMENT FOR WEBXPRESS SOFTWARE
NOTICE TO USER: DO NOT USE WEBXPRESS UNTIL YOU HAVE READ THIS AGREEMENT
Please carefully read this Agreement before using WEBXPRESS. BY USING WEBXPRESS YOU
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the
terms and conditions of this Agreement, DO NOT use WEBXPRESS.
By acquiring a license to use the WEBXPRESS "Software" you agree to the following
terms and conditions:
1. Grant of License: In consideration of a registration fee, PenTekk Software
Technologies grants you a nonexclusive, non-transferable license (a) to use the
Software on a single Newton computer and (b) to make one additional copy of the
Software solely for backup purposes. You must place the same copyright and other
proprietary rights notices on any copy of the Software as appears on the original. You
must not transfer, sell, assign rent or distribute any copies of the Software or any
copy. Your agree to hold the Software in confidence and take all reasonable steps to
prevent unauthorized disclosure.
2. Proprietary Rights: The WEBXPRESS software is copyrighted by and proprietary to
PenTekk Software Technologies Inc. PenTekk Software Technologies Inc. retain title and
ownership of all copies of the Software. The nonexclusive license set forth in this
Agreement is not a sale of the Software or any copy. You agree to hold the Software in
confidence and to take all reasonable steps to prevent unauthorized disclosure.
3. No Other Rights: Except as stated above, this Agreement does not grant you any
rights to patents, copyrights, trade secrets, trade names, trademarks (whether
registered or unregistered), or any other rights, franchises, or licenses in respect
of the Software. YOU MAY NOT MODIFY, TRANSLATE, DISASSEMBLE, OR DECOMPILE THE
SOFTWARE OR ANY COPY, IN WHOLE OR IN PART.
4. Term: The license is effective until terminated. You may terminate the license
at any time by destroying the Software (including the related documentation) together
with all copies or modifications in any form. PenTekk Software Technologies will have
the right to terminate your license immediately if you fail to comply with any term of
condition of this Agreement. Upon any termination you must destroy the Software
together with all copies or modifications in any form.
5. LIMITED WARRANTY:
(a) PenTekk Software Technologies guarantees your complete satisfaction with the
Software and Service during the 30-day period following the date you purchase the
Software. At any time during that 30-day period, you, at your sole option, may return
the Software for a full refund (less shipping and handling charges, if any were
applied to the original order). In addition, you must provide PenTekk Software
Technologies with a written description of what caused your dissatisfaction with the
Software. If you exercise this option, you must destroy any duplicate copies of the
contents of the Software before you request a refund. Unless PenTekk Software
Technologies has received the written notice as described above within 7 days after
the end of the 30 day period, you will be treated as having fully examined and
accepted the Software and concluded that the Software is satisfactory to you.
(b) PENTEKK SOFTWARE TECHNOLOGIES INC. DOES NOT AND CANNOT WARRANTY THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE FOREGOING STATES THE SOLE AND
EXCLUSIVE REMEDIES PENTEKK SOFTWARE WILL PROVIDE FOR BREACH OF WARRANTY. YOU
UNDERSTAND THAT, EXPECT FOR THE FOREGOING 30-DAY LIMITED WARRANTY, PENTEKK SOFTWARE
TECHNOLOGIES INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO PERFORMANCE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE.
(c) Some states do not allow the exclusion of implied warranties or limitations on how
long an implied warranty may last, so the above limitations may not apply to you.
This warranty gives you specific legal rights and you may also have other rights,
which vary, from state to state.
7. Limited of Liability:
(a) NEITHER PENTEKK SOFTWARE TECHNOLOGIES SHALL BE LIABLE IN ANY WAY TO THE USER OF
THE SOFTWARE OR TO ANY OTHER PERSON WHATSOEVER, FOR ANY DELAYS, INACCURACIES, ERRORS
OR OMISSIONS THEREFROM OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF
OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY; AND
(b) THAT, IN NO EVENT SHALL PENTEKK SOFTWARE TECHNOLOGIES BE LIABLE FOR ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR ANY OTHER DAMAGES ARISING IN
ANY WAY FROM THE AVAILABILITY OF THE USE OF THE SOFTWARE REGARDLESS OF THE FORM OF
ACTION, WHETHER CONTRACT OR TORT.
(c) Some states do not allow the exclusive or limitation of incidental or
consequential damages, so the above limitations or exclusion may not apply to you.
8. Export: You acknowledge that the laws and regulations of the United States
restrict the export and reexport (as defined in Section 379.1, (b)-(c) of the export
Administration Regulations and any amendment thereto) of the Software. You agree that
you will not export or reexport the Software or media in any form without the
appropriate United States and foreign government approval.
9. Choice of Law: This Agreement will be governed by the laws of the State of
Georgia as applied to transactions taking place wholly within Georgia between Georgia
residents.
10. U.S. Government Restricted Rights Legend: Use, duplication, reproduction, or
disclosure by the Government is subject to restrictions in subdivision (c)(1)(ii) if
the Rights in Technical Data and Computer Software clause at 48 C.F.R. 252.227-7013
and in subparagraphs (a) through (d) of the Commercial Software -- Restricted Rights
Clause at 48 C.F.R. 52-227-19 and the limitations set forth in PenTekk Software
Technologies' standard commercial agreement for software. Unpublished -- rights
reserved under the copyright laws of the United States.
11. Integration: You acknowledge that you have read this Agreement, understanding
it, and that by subscribing to WEBXPRESS you agree to be bound by its terms and
conditions. You must further agree that it is the complete and exclusive statement of
the agreement between PenTekk Software Technologies and you which supersedes any
proposal or prior agreement, oral or written. And any other communications between
PenTekk Software Technologies and you relating to the subject matter of this
Agreement. No variation of the terms of this Agreement or any different terms will be
enforceable against PenTekk Software Technologies unless PenTekk Software Technologies
gives its express waiver of the terms of this Agreement, in a writing signed by an
officer of PenTekk Software Technologies.
If you should have any questions concerning this Agreement, please contact in writing
PenTekk Software Technologies, Inc., 4060 Citron Court, Norcross, Georgia, 30093.