CD Actual Thematic 15: Shareware/PC Actual CDT 15.iso/files/Windows_95_98/Internet/Redes/Winproxy30.exe/i/_SETUP.LIB/30License.txt

Text File | 1999-09-09 | 10.3 KB | 186 lines

                   WINPROXY LICENSE AGREEMENT

1. NOTICE.  READ THIS AGREEMENT CAREFULLY. OSITIS SOFTWARE
IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END-USER
LICENSE AGREEMENT.  YOU ACCEPT AND AGREE TO BE BOUND BY THIS
LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I ACCEPT" THAT IS
DISPLAYED BELOW.  IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE
ICON LABELED "CANCEL," IN WHICH CASE THE INSTALLATION WILL BE
CANCELED. PROMPTLY RETURN THE UNUSED SOFTWARE AND ALL ACCOMPANYING
MATERIALS, ALONG WITH PROOF OF PAYMENT, TO THE AUTHORIZED DEALER
FROM WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU PAID.

2. OWNERSHIP AND LICENSE.  This is a non-exclusive license
agreement and NOT an agreement for sale, concerning the use of
WinProxy.  Ositis Software and its licensors continue to own the
copy of the computer programs, documentation, data, and other
content provided to you, and all other copies that you are
authorized by this Agreement to make (the "Software").  Your
rights to use the Software are specified in this Agreement, and
Ositis Software retains all rights not expressly granted to you in
this Agreement.  Nothing in this Agreement constitutes a waiver of
Ositis Software's rights under U.S. or international copyright law
or any other federal or state law.
All content accessed through the Software is the property of
the applicable content owner and may be protected by applicable
copyright law. This license gives you no rights to such content.

3. PERMITTED USES.  You are granted the following rights to
the Software:
  (a) Right to Install and Use.  You may install the
Software on one computer connected to one local area network.  The
Software is "installed" on a computer when it is placed on a
computer's hard disk or other secondary storage device.  The
Software is "in use" on a computer when it is executed or loaded
into the computer's RAM or other primary memory.  Notwithstanding
the foregoing, no more than 250 clients on the local area network
may have access to the anti-virus protection portions of the
Software and accordingly, you shall disable such portions if more
than 250 clients have access to the Software.  If you install the
Software on additional computers, or on more than one local area
network, you must acquire additional licenses.
  (b) Right to Copy.  You may copy the Software for back-
up and archival purposes only, provided that the original is kept
in your possession and that your installation and use of the
Software does not exceed that allowed in the "Right to Install and
Use" section above.

4. PROHIBITED USES.  You may not, without written
permission from Ositis Software:
  (a) Use, copy, modify, merge, or transfer copies of the
Software except as expressly authorized in this Agreement;
  (b) Use any back-up or archival copies of the Software
(or allow someone else to use such copies) for any purpose other
than to replace an original copy if it is destroyed or becomes
defective;
  (c) Disassemble, decompile or "unlock," reverse
translate, or in any manner decode the Software for any reason
(except as expressly permitted by applicable law);
  (d) Place the Software onto a server so that it is
accessible via a public network such as the Internet; or
  (e) Sublicense, lease, or rent the Software.

5. LIMITED WARRANTY.
  (a) Limited Warranty.  Ositis Software warrants that,
for thirty (30) days from the date you acquired it from us or our
authorized dealers (1) the Software will perform substantially in
accordance with the user documentation accompanying the Software,
and (2) the media on which the Software is provided to you will be
free from defects in materials and workmanship under normal use
and service.
  (b) Exclusive Remedies.  Ositis Software's entire
liability and your sole and exclusive remedy for breach of the
foregoing warranty shall be, at our option, to either (1) return
the price you paid for the software, or (2) repair or replace the
Software or media that does not meet the foregoing limited
warranty if it is returned to us with a copy of your receipt.
This limited warranty is void if failure of the Software is caused
by accident, abuse, or violation of this license agreement.  Any
replacement Software will be warranted as above for the remainder
of the original warranty period, or thirty (30) days from the date
we ship it to you, whichever is longer.
  (c) Warranty Disclaimer.  OSITIS SOFTWARE DOES NOT
WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS
OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.  TO THE EXTENT
ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT
STATED HERE AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.  THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED,
MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL
EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE
FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK
ACTIVITIES") OSITIS SOFTWARE SPECIFICALLY DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. IF THIS
SOFTWARE QUALIFIES AS A "CONSUMER PRODUCT" UNDER THE MAGNUSON-MOSS
WARRANTY ACT, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30)
DAYS FROM THE DATE YOU ACQUIRED THE SOFTWARE FROM OSITIS SOFTWARE
OR FROM OUR AUTHORIZED DEALER, AND THEREAFTER ANY IMPLIED
WARRANTIES ARE EXPRESSLY DISCLAIMED.  SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
This limited warranty gives you specific legal rights, and
you may also have other legal rights which vary from State to
State.

6. LIMITATION OF LIABILITY.  OSITIS SOFTWARE'S (INCLUDING
OSITIS SOFTWARE'S LICENSORS) LIABILITY TO YOU FOR ANY LOSSES SHALL
BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT YOU
ORIGINALLY PAID FOR THE SOFTWARE.  IN NO EVENT WILL OSITIS
SOFTWARE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL,
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF
PROFITS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
        SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.

7. UNITED STATES GOVERNMENT RESTRICTED RIGHTS.  This
section applies to all acquisitions of the Software by or for the
federal government.  By accepting delivery of the Software, the
government hereby agrees that the Software qualifies as
"commercial" computer software as that term is used in the
acquisition regulations applicable to this procurement and that
the government's use and disclosure of the Software is controlled
by the terms and conditions of this Agreement to the maximum
extent possible.  This Agreement supersedes any contrary terms or
conditions in any statement of work, contract, or other document
that are not required by statute or regulation.  If any provision
of this Agreement is unacceptable to the government, Vendor may be
contacted at Ositis Software, 6120 Stoneridge Mall Drive, Suite
210, Pleasanton, CA 94588, [phone].  If any provision of
this Agreement violates applicable federal law or does not meet
the government's actual, minimum needs, the government agrees to
return the unused Software for a full refund.
The following statement applies only to procurements governed
by DFARS Part 227.4 (OCT 1988): The enclosed Software is provided
with Restricted Rights -- Use, duplication, or disclosure by the
U.S. Government or any of its agencies or instrumentalities is
subject to restrictions as set forth in subparagraph (c)(1)(ii)
[or (i)] of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 (OCT 1988).  Contractor Manufacturer
is Ositis Software, 6120 Stoneridge Mall Drive, Suite 210,
Pleasanton, CA 94588.

8. EXPORT CONTROLS.  You acknowledge that the Software is
subject to the export control laws and regulations of the United
States and any amendments thereof.  You agree that you will not
directly or indirectly transfer the Software except in compliance
with all applicable U.S. export laws and regulations.

9. TERMINATION.  This Agreement is effective until
terminated.  You may terminate this Agreement at any time by
destroying all copies of the Software in your possession or by
returning all such copies to Ositis Software.  This Agreement and
your right to use this Software automatically terminate if you
fail to comply with any material provision of this Agreement.
Your license to use this Software also terminates if you assign
this Agreement to someone else.  Upon termination, you must stop
all use of the Software and must destroy any copies that remain in
your possession.  Otherwise, the restrictions on your rights to
use the Software will end upon expiration of the copyright to the
Software.

10. MISCELLANEOUS PROVISIONS.  This Agreement will be
governed by and construed according to the substantive laws of
California [and not by the 1980 United Nations Convention on
Contracts for the International Sale of Goods, as amended].  This
is the entire agreement between us relating to the Software and
supersedes any prior purchase order, communication, advertising,
or representation concerning the Software.  No change or
modification of this Agreement will be valid unless it is in
writing and is signed by Ositis Software.
Canadian Transactions:  If you acquired this Software in
Canada, you agree to the following:
The parties hereto have expressly required that the present
Agreement and its Exhibits be drawn up in the English language./
Les parties aux presentes ont expressement exige que la presente
convention et ses Annexes soient redigees en langue anglaise.
If you have any questions about this Agreement, write to us
at Ositis Software, 6120 Stoneridge Mall Drive, Suite 210,
Pleasanton, CA 94588 or call us at [phone].