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Cream of the Crop 20 (Terry Blount) (1996).iso
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LICENSE.DOC
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1996-06-13
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=============================================================================
Cyclone Software
SOFTWARE LICENSE AGREEMENT
=============================================================================
This file, LICENSE.DOC, describes the terms and conditions by which Cyclone
Software ("Cyclone") will license other parties to distribute this software
program which is intended solely for distribution as "freeware" (the
"Program"). No use, reproduction or distribution of the Program, or
of copies of the Program, is authorized except in compliance with the terms
and conditions set forth below.
================================= NOTE ===================================
You may not distribute this program on CD-ROM or in any retail distribution
channel without explicit written permission from Cyclone Software. See
below for details.
==========================================================================
The Program is protected by copyright in the United States, as well as in
other countries pursuant to international treaties. Cyclone is the
exclusive worldwide licensor of the Program, and the copyrights and other
proprietary rights there in. The Program is intended solely for distribution
as "freeware" (i.e., "public domain" software); it is NOT try-before-you-buy
software, retail software or "shareware". Cyclone encourages distribution
of the Program in accordance with the provisions of this Software License
Agreement. Any use, copying or distribution of the Program, or of any
copies or elements thereof, that is not in compliance with the terms and
conditions of this Agreement is prohibited.
Limited Distribution License:
Cyclone authorizes distribution and/or copying of the Program only in
accordance with the following terms and conditions (the "General Terms and
Conditions") and with other terms and conditions set forth below that may
be applicable:
1. Cyclone Software shall be credited as the owner of the Program
in all distribution of the Program (which shall include, without
limitation, packaging, documentation, catalogs, program descriptions,
advertising, promotion and public relations).
2. The Program shall be identified by name and shall be expressly
identified as freeware (and not identified or described as "retail
software", "shareware", or the like) in all distribution.
3. The freeware concept shall be explained in reasonable detail in all
distribution (freeware is "public domain" software, and the
price paid by users (if any) is a distribution charge only).
4. You may copy and/or distribute the Program only in its original,
unaltered form, with all files included unmodified, and without
making any additions, modifications or deletions except as provided
in this paragraph. You may not modify the Program or any of its
files, and the Program must be distributed as a complete package.
You may not change, delete, merge or rename any files or elements
of the Program in any manner, and you may not add any files or new
elements (except for installation routines which do not interfere with
the proper operation or installation of the Program).
5. You may not decompile, recompile, disassemble, reverse engineer,
adapt or create derivative works of the Program or any files or
elements thereof except with Cyclone's prior express written consent.
6. Since the Program is intended for distribution only as freeware, you
shall not charge any fee or other compensation for the Program,
although you may charge a distribution fee for costs associated with
distributing the Program. You are permitted, and encouraged, to
make and distribute copies of the Program to your friends, family
members and co-workers without charge, for your and their private
noncommercial use, in compliance with the terms and conditions
hereof.
7. In accordance with the "public domain" philosophy behind the
freeware concept, Cyclone strongly discourages charging users or
recipients more than $9.00 (U.S.) for distribution of the Program (or
any elements thereof). If you charge more than $9.00 for
distribution of the Program or any elements thereof (inclusive of all
fees, costs, expenses and other charges, including without limitation
charges for copying, shipping, postage and handling, but not including
sales taxes), then you shall pay Cyclone a royalty equal to fifty
percent (50%) of the excess of such charges above $9.00 with respect
to each individual user or recipient. (By way of illustration and not
limitation, if you distribute the Program at a charge of $8.00 for
disks and $4.00 for shipping and handling (for a total of $12.00),
you shall pay Cyclone a royalty of $1.50 with respect to each user or
recipient.) In the event that such a royalty is payable to Cyclone,
you shall provide Cyclone with quarterly statements of account setting
forth the royalty owed in reasonable detail, accompanied by payment
thereof; and Cyclone or its designee shall have the right to inspect
and audit your books and records from time to time to verify the
amounts of the royalties due Cyclone hereunder.
8. You may not remove or alter any copyright or trademark information
on the Program, and you must take reasonable steps to protect the
copyrights, trademarks and other rights of Cyclone in the Program.
9. You recognize that your right to distribute the Program is
nonexclusive and that Cyclone can terminate the license granted to you
hereunder at any time for any reason upon written notice. Cyclone
reserves the right to withhold or withdraw permission to distribute
the Program from anyone at any time for any reason. The provisions
of paragraphs 4, 7, 13, 16, 17, 20, 21 and 22 hereof shall survive
any expiration or termination of this Agreement.
10. You shall take reasonable steps to ensure that the Program and any
other software, documentation and other materials distributed with
the Program are free from viruses.
11. This is the current version of the Program and all previous versions
of this Program have been withdrawn from distribution. You shall
use reasonable efforts to distribute only the latest version of the
Program. If you have a question about this, please contact Cyclone to
confirm what is the latest version (you can do this through Cyclone's
WWW Page, http://www.geocities.com/SiliconValley/1195/).
12. Your limited right to distribute under this Software License
Agreement is personal and does not include any right of sublicense.
13. You may not use, copy, modify, distribute or transfer the Program
or any element thereof in whole or in part, except as expressly
provided for herein.
14. You may not "rent" or "lease" the Program to anyone.
15. Any permission, consent or approval of Cyclone referred to herein may
be granted or withheld in Cyclone's sole discretion (and, unless
expressly granted in writing, shall be deemed to be withheld).
16. DISCLAIMER OF WARRANTY AND LIMITATION OF
LIABILITY:
THIS PROGRAM IS PROVIDED "AS IS". CYCLONE SOFTWARE,
MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND,
EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS
PROGRAM OR ANY FILES, DOCUMENTATION OR ELEMENTS
THEREOF OR RELATING THERETO OR ANY MEDIUM THE
PROGRAM MAY BE ON (INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE OR OF QUALITY OR PERFORMANCE).
SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE
STATE LAW, IN NO EVENT WILL CYCLONE SOFTWARE BE
LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM
THE USE OF OR INABILITY TO USE THE PROGRAM OR ANY
FILES, DOCUMENTATION OR ELEMENTS T