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- Powersoft« Language Products
- Software License Agreement Card
-
- This License Agreement is only valid in the country in which it was originally delivered and is your proof of license. For
- countries not covered by a local language License Agreement in this booklet, the English version is the controlling License
- Agreement. This software may not be re-exported.
-
- THIS IS A LEGAL AGREEMENT BETWEEN YOU AND POWERSOFT CORPORATION, A DIVISION OF
- SYBASE, INC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE
- MEDIA PACKAGE AND THE ACCOMPANYING WRITTEN MATERIALS, BINDERS AND OTHER
- CONTAINERS (the "Documentation") IN ORIGINAL CONDITION TO THE PLACE YOU OBTAINED THEM FOR
- A FULL REFUND.
-
- 1. DEFINITIONS. As used in this Agreement:
- "Seat" means a specific identifiable unique accessor of information such as a computer, terminal, PC, single user
- workstation or real time device. "Named User" means a specific named person licensed to use a copy of the
- software program.
-
- 2. LICENSE. Powersoft Corporation ("Powersoft") hereby grants to you a non-exclusive license (the "License") to
- use one copy of the Powersoft software program accompanying this License (the "Software") in only one of the two
- following ways. If you choose to use the Software as a Standalone Seat, the copy of the Software may only be
- accessed through the Seat on which it resides. If you choose to use the Software as a Standalone Named User, the
- Software may be used only by one Named User, but such Named User may copy and use such Software on more
- than one Seat. The Software is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or
- installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer. You may
- install the Software on a network server for the sole purpose of distributing the Software to each user(s) for whom a
- license has been purchased. This license will allow you to use the indicated version or instead any earlier version for
- which you already have a licensed copy.
-
- 3. COPYRIGHT AND OWNERSHIP. The Software and Documentation are owned by Powersoft, its affiliates or
- their suppliers and are protected by United States and Canadian copyright laws and international treaty provisions.
- You acquire only the right to use the Software and Documentation and do not acquire any rights of ownership in
- the Software and Documentation or the media on which they are provided.
- 4. OTHER RESTRICTIONS. You may not rent, sell or lease the Software, but you may transfer your rights under
- this License on a permanent basis provided you transfer this License Card, the Software and all Documentation,
- retain no copies and the recipient agrees to the terms of this Agreement. You may not modify, reverse engineer,
- decompile or disassemble the Software. If the Software is an update version, any transfer must include the update
- and all prior versions.
-
- 5. REDISTRIBUTION RIGHTS. If the Software is an Optima++ or WATCOM compiler product you are also
- granted a non-exclusive, royalty-free right to reproduce and distribute executable files created using the Software.
- You may be granted additional rights to reproduce and distribute components of the Software including components
- licensed from third parties. Such additional rights, including any restrictions thereto, and the components, shall be
- specified in the product documentation (including online documentation).
-
- 6. LIMITED WARRANTY AND LIABILITY. Powersoft warrants that the Software, as updated and when properly
- used, will operate in all material respects in conformity with the Documentation for such Software, and the Software
- media shall be free of defects, for ninety (90) days from the date of shipment of such version to you. In the event of a
- failure to meet the foregoing limited warranty, your sole remedy in the event of nonconformity of the Software, at
- Powersoft's option, shall be replacement of the defective materials or a refund of the license fees paid for the affected
- Software. This limited warranty gives you specific legal rights. You may have other rights, which vary among
- states/provinces. Some states/provinces do not allow limitation on the duration of implied warranties so the above
- limitation may not apply to you.
-
- POWERSOFT DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR
- IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR
- CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
- WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE
- OF TRADE, WITH RESPECT TO THE SOFTWARE, THE DOCUMENTATION, THE SUPPORT OR OTHER
- SERVICES RELATED TO THE SOFTWARE. NO WARRANTY IS MADE REGARDING THE RESULTS OF
- ANY SOFTWARE OR SERVICES OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR
- THAT THE SOFTWARES' FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. IN NO EVENT
- WILL POWERSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA, LOSS
- OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF
- POWERSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POWERSOFT'S TOTAL
- LIABILITY, IF ANY, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE
- LICENSE FEES PAID BY YOU FOR THE SOFTWARE. THE FOREGOING RESTRICTIONS, DISCLAIMERS
- AND LIMITATIONS SHALL APPLY AND REMAIN IN FORCE EVEN IN THE EVENT OF A BREACH BY
- POWERSOFT HEREUNDER OF A CONDITION OR FUNDAMENTAL TERM HEREUNDER, OR IN THE
- EVENT OF A BREACH WHICH CONSTITUTES A FUNDAMENTAL BREACH. SOME
- STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
-
- 7. U.S. GOVERNMENT RESTRICTED RIGHTS. If this license is acquired under a U.S. Government contract, use,
- duplication or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013(c)(ii)
- for Department of Defense contracts and as set forth in FAR 52.227-19(a)-(d) for civilian agency contracts.
- Powersoft reserves all unpublished rights under the United States copyright laws.
-
- 8. GOVERNING LAW; COMPLETE AGREEMENT. THIS AGREEMENT CONSTITUTES THE
- COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SOFTWARE
- AND IS GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS IF THE USER IS
- LOCATED IN THE UNITED STATES, AND BY THE LAWS OF THE PROVINCE OF ONTARIO IF THE USER
- IS LOCATED IN CANADA. The terms of this Agreement supersede the terms of any purchase order, order letter or
- other document issued or signed by you to authorize your license of the Software and Documentation. If any
- provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as
- necessary to eliminate its unenforceability, and all other provisions shall remain unaffected.
-
- 9. WAIVERS. The failure or delay of either party to exercise any of its rights shall not be deemed a waiver thereof
- and no waiver by either party of any breach of this Agreement shall constitute a waiver of any other or subsequent
- breach.
- Should you have any questions concerning this Agreement, the Software or the Documentation, you may contact Powersoft
- by writing to:
- Powersoft Corporation
- Contracts Department
- 561 Virginia Road
- Concord, Massachusetts, 01742-2732
- U.S.A.
-
- Sybase, Powersoft, Optima++ and Watcom are registered trademarks or trademarks of Sybase, Inc. and its subsidiaries.
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