Computer Buyer 1998 October/dpcb1098.iso/Toolkit/Keytext/license.txt

Text File | 1998-06-01 | 10KB | 205 lines

                          KEYTEXT

           Copyright (C), 1998 MJMSoft Design Ltd.
      (LICENSE.TXT; UK spelling "LICENCE" used herein)

LICENCE
KeyText is distributed as a "shareware program", which indicates
that it is provided at no charge to you for evaluation purposes
only, and that you may distribute it freely, on the terms and
conditions stated herein. BY COMPLETING INSTALLATION OF THE
KEYTEXT PROGRAM YOU AGREE WITH MJMSOFT DESIGN LIMITED TO BE BOUND
BY THE TERMS OF THIS LICENCE WHICH WILL GOVERN YOUR USE OF THE
KEYTEXT PROGRAM.
If you find KeyText useful and that you are using it and continue
to use it after 28 days, you must pay a registration fee to the
Company of the amount specified on the MJMSoft Design www site.

1. DEFINITIONS
The "Company" means MJMSoft Design Limited, a company incorporated
in the United Kingdom under the laws of Scotland and registered
under the Companies Act 1985 (registered number 183702) and having
its registered office at 6 Polwarth Crescent, Edinburgh, EH11 1HW,
United Kingdom. The "Software" means the KeyText program, being
the program available by accessing the attached files and
available for use on the Windows 95, Windows 98, Windows NT4, or
later operating systems, and any future releases of the Software.

2. LICENCE
2.1 Completion of the installation of the Software licences you to
use the Software personally on one or more computers for
evaluation purposes only. The Licence is transferable in terms of
Clause 8 and will terminate at the end of 28 days subject to
payment of the registration fee and completion of the registration
process.
2.2 Payment of the registration fee and completion of the
registration process will automatically continue the term of the
Licence. This Licence will permit one copy of the Software to be
used by the registered user on one computer at any one time. If it
is intended that more than one person will use the Software they
must register separately with the Company and make payment of the
registration fee. If it is intended that the Software will be used
on more than one computer at one time you should contact the
Company to obtain the appropriate Licence.
2.3 This Licence covers this release and any future release of
the Software.

3. TERM
This Licence as extended pursuant to clause 2.2 of this Licence
is effective until terminated by destruction of the Software and
all associated documentation together with all copies of the
Software. It will also terminate if you fail to abide by its
terms. Upon termination you agree to destroy all copies of the
Software and all documentation including any Software stored on
the hard disk of any computer under your control.

4. WARRANTIES
The Company warrants that the Software will perform substantially
in accordance with the description contained in the file
readme.txt accompanying the Software (provided that the Software
is properly used on the the operating system for which it is
designed) and that the description correctly describes the
operation of the Software in all material respects.
Notwithstanding the generality of the foregoing, the Company will
not be liable to you for any loss or damage of any kind arising
out of the disclosure of data stored by the Software, including
where that data has been protected by password.
THE EXPRESS TERMS OF THIS LICENCE ARE IN LIEU OF ALL WARRANTIES,
CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS APPLIED BY
STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE
ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED
BY LAW.
THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE
WILL OPERATE CORRECTLY IN THOSE SITUATIONS DESCRIBED IN THE
"KNOWN LIMITATIONS" SECTION OF THE HELP FILE, WHICH IS HEREBY
INCORPORATED BY REFERENCE.
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR
RESALE FOR ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR
WEAPONS SYSTEMS, IN WHICH FAILURE OF THE SOFTWARE COULD LEAD TO
DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE. YOU SHALL LOAD AND USE THE SOFTWARE AT YOUR OWN RISK AND
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY LOSS OR
DAMAGE OF ANY KIND (EXCEPT PERSONAL INJURY OR DEATH RESULTING
FROM THE COMPANY'S NEGLIGENCE) INCLUDING LOSS OF PROFITS OR OTHER
CONSEQUENTIAL LOSS ARISING FROM YOUR USE OF OR INABILITY TO USE
THE SOFTWARE OR FROM ERRORS OR DEFICIENCIES IN IT WHETHER CAUSED
BY NEGLIGENCE OR OTHERWISE EXCEPT AS EXPRESSLY PROVIDED HEREIN.
IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE REGISTRATION
FEE PAID BY YOU FOR THE SOFTWARE.
The provisions for technical support in Clause 6 and/or repayment
of the registration fee represents your sole remedies for any
breach of the Company's warranties, which are given to the
registered user.

5. MILLENIUM COMPLIANCE
The Company has tested the Software for Year 2000 compliance, and
has encountered no problems. Date logic is not used for counting
the 28-day evaluation period; instead the Software counts the
number of distinct days on which the Software is used. The
Software's ability to include the date within a text item uses
long date formats, which are unaffected by the 2000 boundary. The
Company has tested various scenarios, including installation
within 28 days of 1/1/2000, and has found no abnormalities. Other
than as provided in this Clause 5 the Company provides no
warranties in relation to Year 2000 compliance and your remedies
for any such failure of the Software shall be limited to the
remedies set out in Clause 4 of this Licence.

6. SUPPORT
The Company will provide free technical support in relation to the
Software by mail or e-mail, which support is limited to advice and
assistance relating to the installation and operation of the
Software itself, and shall be provided for a period of 28 days, or
90 days if registered, from the date on which you make your first
request to the Company for support. The Company does not undertake
to give advice on "scripts" to perform specific tasks in other
software applications. If you are experiencing difficulties in
operating the Software you should refer to the Help file, including
the section "Frequently asked questions", or, where appropriate, to
the user manual for your operating system or to your IT department.

7. COPYRIGHT
All title and copyright in and to the Software and any copies
thereof are owned by the Company and the Company shall at all
times retain ownership of the Software. You must maintain all
copyright notices on all copies of the Software.

8. TRANSFER
You are permitted to transfer the Software and the benefit of this
Licence to another person provided that he has agreed to accept
all the terms of this Licence and you contemporaneously transfer
all copies of the Software you have made to that person or destroy
all copies not transferred. If any transferee does not accept such
terms then the Licence to the transferee shall automatically
terminate. The transferee must register their details with the
Company in order to obtain the benefit of the Licence.

9. RESTRICTIONS
Except as expressly permitted by this Licence and save to the
extent and in the circumstances required to be permitted by law
you may not rent, lease, sub-licence, loan, copy, modify, adapt,
merge, translate, reverse engineer, decompile, disassemble or
create derivative works based on the whole or any part of the
Software.
You must comply with all applicable local laws regarding the use
of the Software.

10. DISTRIBUTION
You may distribute the unregistered version of the Software
freely, provided you do not receive any direct payment for such
distribution, and you include all the files in the original
distribution. It should be noted that the installation program
SetupKT.exe is protected with a SafenSigned Digital Signature,
and before running it the Company recommends that you use the
SafenSigned Verifier to ensure that the installation program you
received is authentic and has not been tampered with. Please visit
http://www.securisys.com/ for more details of the SafenSigned
Verifier.
Any distribution may only be made subject to the terms of this
Licence and any person receiving the Software must accept the
terms of this Licence prior to completion of installation of the
Software.
The terms of the VENDINFO data record included in the original
package are hereby incorporated by reference. Any distribution
satisfying all the distribution requirements expressed in that
data record is hereby authorised.

11. MISCELLANEOUS
All rights not expressly granted herein are reserved to the
Company.

12. ENTIRE AGREEMENT
This Licence supersedes any and all prior proposals, arrangements,
understandings, agreements, whether oral or written, and any other
communications between you and the Company relating to the
Software.

13. GOVERNING LAW
This Licence shall be governed by and construed in accordance with
the Laws of Scotland and the parties hereby prorogate the
jurisdiction of the Scottish courts.

_________________________________________

If you have any questions regarding this Licence, please write to:

MJMSoft Design Limited
3 Johnsburn Road
Balerno
Edinburgh
EH14 7DN
United Kingdom

Telephone (UK): [phone]
Fax (UK):       [phone]
Internet:       [e-mail]
Compuserve:     101351,2115
www site:       http://www.mjmsoft.com