OS/2 Shareware BBS: 10 Tools/10-Tools.zip/larcos.zip/LICENSE.DOC

Text File | 1994-06-12 | 9KB | 182 lines

    =================================================================
    IMPORTANT: CAREFULLY READ THE LICENSE AGREEMENT BEFORE
    INSTALLING OR USING LARC SHAREWARE VERSION 3.  By using
    this software, you indicate your acceptance of the SouthWind
    Software Incorporated License Agreement.
    =================================================================

            License Agreement

    This is a legal agreement between you, the end user, and
    SouthWind Software Incorporated ("SSI").  The SSI software program
    'Library Administration and Release Control System, Shareware
    Version 3' ("LARC3") is licensed by SSI for use only on the
    terms set forth herein.  Please read this license agreement.
    Installing and using LARC3 indicates that you accept these terms.
    If you do not agree to these terms, then you should not use LARC3
    and should immediately erase all copies in your posession.

    o GRANT OF LICENSE.  SSI grants to you the non-exclusive right to
    use LARC3 on any computer or network server for which the program
    was designed to operate.

    o COPYRIGHT.  LARC is owned by SSI and is protected by the United
    States copyright laws and international treaty provisions.
    Therefore, you must treat LARC like any other copyrighted material
    (e.g., a book or musical recording).  SSI grants you permission to
    make copies of the program and printed material provided that
    LARC3 is used by you for controlling your files.  You may not make
    copies of LARC3 to be included, in any form, in any product which
    you produce, sell, support, or otherwise distribute for profit or
    non-profit, without prior written permission from SSI.

    o OTHER RESTRICTIONS.  You may not sell, release or distribute
    LARC3 in any product which you produce, sell, support, or
    otherwise distribute for profit or non-profit without prior
    written permission from SSI.

    o SOFTWARE MAINTENANCE.  SSI will make available all enhancements
    and improvements to LARC3 provided (a) the enhancements or
    improvements are generally released by SSI, and (b) the user has
    licensed the use of LARC3 with SSI and paid the licensing fee set
    forth by SSI for licensing LARC3.  New capabilities, or new
    products which are generally released as new and/or different
    from the existing LARC3 are not covered by this Agreement.  SSI
    reserves the sole right to determine which capabilities and/or
    new features will be made available and which will be deemed new
    and different and not included in this License.

    o PROPRIETARY RIGHTS.  With respect to any employees, agents,
    representatives, or independent contractors you may give access
    to LARC3, you must agree to implement reasonable security measures
    by written agreement with such persons to prevent disclosure of
    information or data regarding LARC3.

    o GOVERNMENT LICENSEE.  If you acquire LARC3 on behalf of any
    unit or agency of the United States Government, the following
    provisions apply:

      The Government acknowledges SSI's representation that LARC3
      and its documentation were developed at private expense and
      no part of them is in the public domain.  The Government
      acknowledges SSI's representation that LARC3 is "Commercial
      Computer Software" as that term is defined in Subpart 227.471
      of the Department of Defense Federal Acquisition Regulation
      Supplement (DFARS). The Government agrees that:

        (i) if LARC3 is supplied to the Department of Defense
        (DoD), LARC3 is classified as "Commercial Computer
        Software" and the Government is acquiring only
        "restricted rights" in LARC3 and its documentation as
        that term is defined in Clause 252.227-7013 (c) (1) of
        the DFARS, and

        (ii) if LARC3 is supplied to any unit or agency of the
        United States Government other than the DoD, the
        Government's rights in LARC3 and its documentation will
        be as defined in Claus 52.227-19 (c) (2) of the Federal
        Acquisition Regulations.

    o RESTRICTED RIGHTS LEGEND.  Use, duplication, or disclosure by
    the Government is subject to restrictions as set forth in
    subparagraph (c) (1) (ii) of the Rights of Technical Data and
    Computer Software clause at DFARS 252.227-7013.  SouthWind
    Software Incorporated, 1738 Tahiti Lane, Alabaster, Alabama
    35007-8723.

    o GENERAL.  This agreement will be governed by the laws of the
    State of Alabama, except for that body of law dealing with
    conflicts of law.  Should you have any questions concerning this
    Agreement, or if you desire to contact SSI for any reason, please
    write:

        SouthWind Software Incorporated
        1738 Tahiti Lane
        Alabaster, Alabama  35007-8723.


    =================================================================
            Software Limited Warranty
    =================================================================

    To the original customer only, SSI provides the following
    warranties:

        DEFINITION OF SHAREWARE.  The term shareware is defined
    by SSI:

        "A computer software program and related files, or
        a group of computer software programs and related
        files, that are provided to a user for use for a
        specific trial period.  When the trial period expires,
        the user must pay a licensing fee set forth for the
        computer program, or cease all use of the program".

    The program 'Library Administration and Release Control System,
    Shareware Version 3' ("LARC3") is provide as shareware by SSI.
        SIXTY (60) DAY SATISFACTION GUARANTY.  For sixty (60) days
    after the date you install LARC3, if you are dissatisfied with
    LARC3 for any reason you may discontinue use of LARC3 and delete
    all LARC3 files from your system.  If after the sixty (60) day
    period you are still using LARC3, then you agree to pay to SSI
    the license fees defined by SSI for LARC3.
        LIMITED WARRANTY FOR NEXT SIXTY (60) DAYS.  SSI warrants that
    for the sixty (60) days following the initial sixty (60) day
    period, or until LARC3 is modified by you, whichever period is
    shorter, that LARC3, unless modified by you, will perform
    substantially the functions described in the documentation
    provided by SSI.  Your sole remedy under the warranty during
    this sixty (60) day period is that SSI will undertake to correct
    within a reasonable period any reported "LARC3 Error" (failure of
    LARC3 to perform substantially the functions described in the
    documentation), correct errors in the documentation, and replace
    magnetic media which proves defective in materials or workmanship
    on an exchange basis without charge.  In order to make a claim
    under this warranty you must have a properly licensed copy of
    LARC3 and you must return the defective item to SSI, postage
    prepaid, within sixty (60) days after licensing LARC3.  If SSI
    is unable to replace defective media or if SSI is unable to
    provide corrected LARC3 or corrected documentation within a
    reasonable time, SSI will, at its sole and exclusive option,
    either replace LARC3 with a functionally equivalent program at
    no charge to you or refund the license fee of LARC3.  These are
    your sole and exclusive remedies for any breach of warranty
    during this sixty (60) day period.
        SSI does not warranty that LARC3 will meet your requirements,
    that operation of LARC3 will be uninterrupted or error-free, or
    that all LARC3 errors will be corrected.  SSI is not responsible
    for problems caused by changes in the operating characteristics
    of computer hardware or computer operating systems which are made
    after the release of LARC3 nor for problems in the interaction of
    LARC3 with non-SSI software.  SSI will have no responsibility to
    replace or refund the license fee of media damaged by accident,
    abuse or misapplication.
        THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
    WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
    WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
    AND NONINFRINGEMENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE
    GIVEN BY SSI, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS
    SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY
    NEW WARRANTIES.
        SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
    SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  IN THAT EVENT, ANY
    IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS
    FROM THE DATE OF DELIVERY OF THE SOFTWARE.  THIS WARRANTY GIVES
    YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY
    FROM STATE TO STATE.

                Limitation of Remedies

        REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF
    ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SSI BE LIABLE TO YOU FOR
    ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES,
    INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR
    INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN
    IF SSI OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
    DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
        SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
    LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
    LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
        IN NO CASE SHALL SSI'S LIABILITY EXCEED THE PURCHASE PRICE OF
    THE SOFTWARE.