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license.txt
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1998-06-30
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6KB
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Legal Stuff:
"PENCIL", "Countdown Clock", "Peaculator", "Remember It", and "PENCILPad"
are trademarks or registered trademarks of Little Pizazz, Inc. "PEATTITUDES",
"L-M-N-O-Pea", Angel-Pea", "Sugar-Pea", "Yip-Pea", "Yup-Pea", "Tyler", "Ashley",
"Mr. Debarge", "Quintan", "Snow-Pea", and "Green-Pea" are trademarks or
registered trademarks of Creative Excellence, Inc. "zNotes" is a trademark of
FreshWater, Inc. All other trademarks are trademarked by their respective holder.
PENCIL Shareware is Copyright 1998 Little Pizazz Inc. All rights reserved.
Portions of PENCIL Shareware are Copyright 1998 FreshWater, Inc. PEATTITUDES
Copyright 1998 Creative Excellence, Inc. licensed by Easel Street Studios.
I. Licensing:
A. You should carefully read the following terms and conditions before using this
software. Unless you have a different license agreement signed by an authorized
representative of Little Pizazz, Inc. and FreshWater, Inc., your use of this software
constitutes your acceptance of this license agreement and warranty and your agreement
to be bound by the terms contained herein.
B. This software program ("PENCIL"), any printed materials, and any documentation,
and any and all copies and derivative works of such are copyrighted by
Little Pizazz, Inc. and/or its suppliers. Any use, reproduction, or redistribution
of PENCIL not in accordance with these terms is strictly prohibited. PENCIL is
licensed, not sold, and this Agreement confers no ownership or title of PENCIL.
C. All title, ownership rights, and intellectual property right in and to PENCIL and
any and all copies are owned by Little Pizazz, Inc. PENCIL is protected by the
copyright laws of the United States, international copyright treaties, conventions,
and other laws.
II. End-User Agreement
A. You may not, in whole or in part, copy, reproduce, reverse engineer, derive source
code, modify, disassemble, decompile, create derivative works based on PENCIL or remove
any proprietary labels or notices on PENCIL without written consent of Little Pizazz, Inc.
and FreshWater, Inc.
B. PENCIL is licensed as a single product. Its components may not be separated for use
on more than one computer.
C. You may permanently transfer all of your rights under this Agreement provided the
recipient agree to the terms of this agreement and you agree to remove PENCIL from
your computer.
D. This agreement is effective until terminated. You may terminate this agreement by
destroying PENCIL. Little Pizazz, Inc. at its discretion may terminate this agreement at
any time if you fail to fail to comply with the terms of this agreement. In such case, you
must immediately destroy PENCIL.
E. You may upload and otherwise cause PENCIL to be available to other people provided:
1. This license and all other parts of PENCIL remain intact and in original condition as
distributed by Little Pizazz, Inc.
2. You receive no compensation for this service except if you are a disk vendor member of
the member of the Association of Shareware Professionals, in which case you may receive
compensation not to exceed $5.00 US per copy distributed for media fees.
3. You may not upload the full, registered version of PENCIL.
4. In making this software available to others, you must in compliance with all applicable
laws.
F. You may install and use PENCIL for a period not to exceed thirty days (30) for evaluation
purposes. After such evaluation period you are required to either (a)remove PENCIL in its
entirety from your computer and cease usage of it; (b) pay applicable licensing fees as
described in PENCIL.
III. Warrantee
A. Little Pizazz, Inc., FreshWater, Inc., Creative Excellence, Inc., its licensees,
licensors, employees and owners explicitly disclaim any and all warranties for PENCIL.
PENCIL is provided "as-is" without warranty of any kind, either expressed or implied,
including, without limitation, the implied warranties of merchantability, or fitness for
a particular purpose. The entire risk arising out of the use or performance of PENCIL remains
with the End User. Some states do not allow the exclusion or limitation of implied warrantees
or liabilities for incidental damage, so the above limitations may not apply to you.
B. NEITHER LITTLE PIZAZZ, INC., ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES OR OWNERS SHALL BE
LIABLE IN ANY WAY FOR LOSS OF DAMAGE OF ANY KIND RESULTING FROM THE USE, OR INABILITY TO USE
PENCIL INCLUDING, BUT NOT LIMITED TO, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND OTHER COMMERCIAL DAMAGES OR LOSSES, MONETARY OR OTHERWISE.
C. Little Pizazz, Inc. shall have the exclusive right and responsibility to enforce the terms
of this Agreement including seeking appropriate remedies. This agreement shall be governed
by the laws of the State of Ohio, and any claim or dispute asserted in any legal proceeding
shall be commenced and maintained in the State of Ohio, County of Lucas. This Agreement may
be modified with appropriate notice at any time by Little Pizazz at any time, and the End User
shall be bound to such terms. In the event that any provision of this agreement shall be held
by a court of competent jurisdiction to be unenforceable all other provisions shall continue in
full force and effect.
D. This Agreement constitutes the entire agreement between Little Pizazz, Inc. and the End User
with respect to the PENCIL Software and supercedes any and all prior agreements.