PC World Interactive 7/PC World Interactive 7.iso/share/demolar/nu3trial/data1.cab/Dcom95/DCOM95.EXE/RCDATA/CABINET/dcomlic.txt

Text File | 1997-10-16 | 10KB | 183 lines

This is a legal agreement ("Agreement") between you (either an individual or an entity), the
end user ("licensee"), and Microsoft Corporation.  By installing, copying, or otherwise using
the Software (as defined below), you agree to be bound by the terms of this Agreement.  If you
do not agree to the terms of this Agreement, do not install, copy, or use the Software, and
promptly return the disks and the accompanying items (including written materials and binders
or other containers) to Microsoft Corporation.

MICROSOFT CORPORATION LICENSE
AND DISTRIBUTION AGREEMENT


Recitals

Microsoft is the owner and/or authorized licensor of certain software products and associated
documentation, as more fully described in Exhibit A (the "Software").

Licensee wishes to license the Software, in object code form, for distribution with Licensee's
products solely in accordance with the terms of this Agreement.


Agreement

1.    LICENSE & OWNERSHIP RIGHTS

1.1    Distribution License.  Microsoft hereby grants to Licensee a royalty-free, non-exclusive,
personal, non-transferable, non-assignable, limited license to reproduce, license, sublicense or
otherwise distribute, and have reproduced, licensed, sublicensed or otherwise distributed, to
and by third parties, object code versions of the Software, solely as part of Licensee's products.

1.2    Restrictions.  Licensee's license in Section 1.1 is expressly conditioned upon Licensee's
compliance with the following terms and conditions:

1.2.1    Licensee shall not reverse engineer, decompile or disassemble the Software.

1.2.2    Licensee may not change the file name for the Software distributed in conjunction with
Licensee's product.

1.2.3    Licensee agrees to display a copyright notice for Licensee's product sufficient to
protect Microsoft's copyright in the Software and shall maintain and not alter or remove any
copyright and other protective notices contained in the Software.

1.2.4    Licensee shall distribute and license the use of the Software to end users only pursuant
to its end user license agreement ("EULA") which stipulates that Licensee's product may only be
installed on a computer which is running a validly licensed copy of Windows NT or    Windows 95.
Licensee's EULA may be a "break-the-seal" end user license agreement or a signed end user license
agreement.  Licensee's EULA shall contain terms consistent with those contained in this Agreement.

1.2.5 Licensee shall contractually obligate (e.g., by contract, invoice or other written
instrument) all distributors, dealers and others in its entire distribution channels to comply
with the foregoing.

1.2.6    Licensee shall comply with the installation instructions located in the file "dcomdist.txt"
 provided with this Agreement.  If no such file is provided with this Agreement, Licensee shall
comply with the installation instructions located at
http://www.microsoft.com/com/dcom95/dcomdist.htm .

1.3    Ownership.  Except as expressly licensed to Licensee in Section 1.1, Microsoft retains
all right, title and interest in and to the Software.

1.4    No Other Rights.  Except as expressly granted in this Agreement, Licensee shall have no
other rights in the Software.  Microsoft is not obligated to provide Licensee with either
(i) updates to the Software, or (ii) support for the Software.


2.    CONFIDENTIALITY

Licensee shall keep confidential any non-public information and know-how related to the Software
that Microsoft may disclose to Licensee.

3.    DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED TO LICENSEE AS IS WITHOUT WARRANTY OF ANY KIND.  THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE AND ITS END USER CUSTOMERS.
MICROSOFT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT, WITH RESPECT TO THE SOFTWARE.


4.    LIMITATION OF LIABILITY

IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT
OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE AND ANY DERIVATIVE TECHNOLOGY
THEREOF, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


5.    TERMINATION

5.1    Termination.  Microsoft may terminate this Agreement if any of the following events of
default occur:  (i) if Licensee materially fails to perform or comply with this Agreement or any
provision hereof; (ii) if Licensee fails to strictly comply with the provisions of Section 2 or
makes or attempts to make an assignment in violation of Section 6.4; (iii) if Licensee becomes
insolvent or admits in writing its inability to pay its debts as they mature, or makes an
assignment for the benefit of creditors; (iv) if a petition under any foreign, state, or United
States bankruptcy act, receivership statute, or the like, as they now exist, or as they may be
amended, is filed by Licensee; or (v) if such a petition is filed by any third party, or an
application for a receiver of Licensee is made by anyone and such petition or application is not
resolved favorably to Licensee within sixty (60) days.

5.2    Effect of Termination.  Termination under subsection 5.2(ii) shall be effective as of the
date notice is given.  In all other cases, termination shall be effective thirty (30) days after
notice of termination to Licensee if Licensee's defaults have not been cured.  The rights and
remedies of MS provided in this Section shall not be exclusive and are in addition to any other
rights and remedies provided by law or this Agreement.

5.3    Survival.  The provisions of Sections 1.3, 1.4, 2, 3, 4, 5.5, and 6 shall survive
termination of this Agreement.

5.4    End User Licenses.  End user licenses validly granted prior to any termination or
expiration of this Agreement shall survive termination or expiration of this Agreement.


6.    GENERAL

6.1    This Agreement shall be construed and controlled by the laws of the State of Washington,
and Licensee consents to jurisdiction and venue in the state and federal courts sitting in the
State of Washington.  Process may be served on either party by U.S. Mail, postage prepaid,
certified or registered, return receipt requested, or by such other method as is authorized by
the Washington Long Arm Statute.

6.2    Neither this Agreement, nor any terms and conditions contained herein, shall be construed
as:  (i) creating a partnership, joint venture, agency relationship or as granting a franchise;
or (ii) an approval, endorsement or other recommendation of any Licensee products by Microsoft.

6.3    If any provision of this Agreement shall be held by a court of competent jurisdiction to
be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and
effect.

6.4    This Agreement, and any rights or obligations hereunder shall not be assignable by
contract or by operation of law without the prior written approval of Microsoft.  Such approval
shall not be unreasonably withheld.

6.5    The Software is subject to RESTRICTED RIGHTS.  Use, duplication or disclosure by the
Government is subject to restriction as set forth in subparagraph (c)(1)(ii) of the rights in
Technical Data and Computer Software clause at DFAR 252.227-7013, or as set forth in the
particular department or agency regulations or rules which provide Microsoft protection
equivalent to or greater than the above-cited clause.

6.6    Licensee acknowledges that the Software is subject to the export control laws and
regulations of the United States, and any amendments thereof.  Licensee confirms that with
respect to the Software it will not export or re-export it, directly or indirectly, either to
(i) any countries that are subject to United States export restrictions (currently including,
but not necessarily limited to, Cuba, Sudan, Iran, Iraq, Libya, North Korea, and Syria; (ii)
any end user who Licensee knows or has reason to know will utilize the Software in the
development or production of nuclear, chemical or biological weapons; or (iii) any end user who
has been prohibited from participating in the United States export transactions by any federal
agency of the United States government.  Licensee further acknowledges that the Software may
include technical data subject to export and re-export restrictions imposed by United States law.

6.7    Licensee shall, at its own expense, obtain and arrange for the maintenance in full force
and effect of all governmental approvals, consents, licenses, authorizations, declarations,
filings, and registrations as may be necessary or advisable for the performance of all of the
terms and conditions of the Agreement including, but not limited to, foreign exchange approvals,
import and offer agent licenses, fair trade approvals and all approvals which may be required to
realize the purposes of the Agreement.

6.8    Licensee shall be responsible for providing end-user support for customers of the Software
and Licensee's Product.

6.9    This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof and supersedes all prior and contemporaneous agreements or communications.
It shall not be modified except by a written agreement dated subsequent to the date of this
Agreement and signed on behalf of Licensee and Microsoft by their respective duly authorized
representatives.  No waiver of any breach of any provision of this Agreement shall constitute a
waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof,
and no waiver shall be effective unless made in writing and signed by an authorized representative
of the waiving party.





EXHIBIT A

DESCRIPTION OF SOFTWARE; LICENSEE PRODUCT


I.    Description of Software.

DCOM95.EXE
DCM95CFG.EXE