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LICENSE.DCF
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1995-03-19
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DCF/2 Version 1.4c license identification: DCF2#30DayLiteTestDrive
IMPORTANT:
DO NOT REMOVE THIS LICENSE DOCUMENT FROM YOUR DCF/2
PROGRAM AREA.
The DCF/2 Lite Version 1.4 is licensed software and subject
to the following License Agreement:
────────────────────────────────────────────────────────────
License Agreement
────────────────────────────────────────────────────────────
This product package contains licensed software. Installing
this software package indicates your acceptance of the terms
and conditions outlined below.
License
Proportional Software Corporation (PSC) grants to the
customer a non-transferable license to use the DCF/2 computer
programs. The original and any copies of the Licensed
Programs, in whole or in part, which are made by the
customer shall be the property of PSC governed by this
license.
The customer must reproduce and include the copyright
notice of PSC on any copy made, in whole or in part, of
the Licensed Programs or documentation.
Term
This license is effective for 30 days from the date of
installation for evaluation purposes. After that time,
this license is terminated.
This license may be discontinued by the customer at any
time. PSC may terminate the license if the customer fails
to comply with any of the terms and conditions of this
license. Customer agrees upon termination to destroy
the licensed programs together with all copies, or parts
thereof, in any form.
Limitations
The customer shall not create, by de-compilation or
otherwise, the source code or any part thereof from the
machine readable object code or from other information
made available under this license.
Violation of these provisions shall be the basis for
immediate termination of this license. Termination of
the license shall be in addition to and not in lieu of
any other legal or equitable remedies available to PSC.
Warranty and Disclaimer
PSC warrants to the customer that the licensed programs
will be free of defects which are not commercially
acceptable in material and workmanship for a period of
90 days from date of purchase provided that the licensed
programs have been properly installed and maintained,
and operated under normal conditions.
This warranty is void and of no effect, and PSC shall
not be liable for any breach of warranty, express or
implied, if the licensed programs or any part or
component thereof shall have been repaired or altered by
persons other than PSC unless expressly authorized in
writing by PSC, or if the licensed programs are
installed or operated contrary to PSC's instructions or
subjected to misuse, negligence or accident.
No other warranties extend beyond this warranty and no
statement oral or written, inconsistent with this
warranty, is binding on PSC. No distributor, agent,
employee or representative of PSC has any authority to
bind PSC to any confirmation, representation or warranty
concerning the licensed programs beyond that
specifically included herein. Extension of or amendment
to this warranty can be made only in writing by a duly
authorized officer of PSC.
This warranty is made in lieu of all other warranties,
express or implied, including any warranty of
merchantability or fitness for a particular purpose.
PSC's policy is one of continuous improvement of its
products, and therefore PSC reserves the right to make
changes in design or materials as PSC may deem proper,
without incurring any obligation to incorporate such
changes in licensed programs of future manufacture.
The customer's remedies for breach of any warranty shall
be limited as provided in the next section.
Remedy for Breach of Warranty and Limitation
PSC agrees to repair or replace at PSC's option any part
of the licensed programs which during the period of the
90 days specified above may prove upon PSC's inspections
to be defective in material or workmanship and not
commercially acceptable; provided that such materials
claimed to be defective are returned to PSC's plant or
another point designated by PSC.
Under no circumstances shall PSC be liable for the
customer's lost profits or other consequential or
incidental damages resulting from any cause whatsoever,
including but not limited to any breach of warranty,
negligence by PSC, or alleged damaged or defective
goods, irrespective of whether such defects are
discoverable or latent. PSC'S liability, in all events,
including any claim of negligence, shall not exceed and
is limited to PSC's retail price for licensed programs
found to be defective.
Any claim for breach of PSC's warranty herein contained
must be made in writing addressed to PSC and set forth
in sufficient detail to permit identification of the
defect. Any claim for breach of warranty must be made
within 90 days after the customer's purchase. If not
made within that 90 day period, any warranty claim shall
be conclusively deemed to have been waived.
This warranty is not transferable, and is available
solely to the original end user. The remedies herein
contained for breach of warranty and/or PSC's negligence
shall be exclusive.
General
Any action for breach of PSC's warranty must commence
within 6 months of the time the cause of action accrues,
unless the period for action is extended by PSC in
writing. This provision is made expressly in lieu of,
and shall supersede, any otherwise applicable statute of
limitations.
The waiver or failure of either party to exercise in any
respect any right provided for herein shall not be
deemed a waiver of any further right hereunder.
If any of the provisions, or portions thereof, of this
license are invalid under any applicable statute or rule
of law, they are to that extent to be deemed omitted.