Cream of the Crop 20/Cream of the Crop 20 (Terry Blount) (1996).iso/virus/fwin311e.zip/LICENSE.TXT

Text File | 1996-06-16 | 21KB | 464 lines

                          LICENSE AGREEMENT
                          =================


Section I  -  License agreement for SHAREWARE VERSION
Section II -  License agreement for EVALUATION VERSION
Section II -  Registration, Warranty and Copyright agreement
              for both the SHAREWARE and EVALUATION versions


There are two non-registered versions of F/WIN Anti-Virus. The
"SHAREWARE VERSION" is the version that may be freely copied and
used on a trial basis for thirty days.  Some of its features are
disabled until a valid registration key file is used with it.

The "EVALUATION VERSION" is a fully-functional version of F/WIN
Anti-Virus that expires on a certain date.  You may receive a
copy of this version only directly from Stefan Kurtzhals, or an
authorized F/WIN Anti-Virus distributor.  The EVALUATION version
may NOT be copied or given to third parties without the written
permission of Stefan Kurtzhals or an authorized F/WIN Anti-Virus
distributor.  You are not allowed to distribute the EVALUATION
version of F/WIN on BBSes or other online services.



I.   FOR "SHAREWARE VERSION" OF F/WIN ANTI-VIRUS
=================================================================

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE")
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, PROMPTLY REMOVE THE SOFTWARE
TOGETHER WITH ALL COPIES FROM YOUR COMPUTER AND, FLOPPY
DISKETTES.  USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT. THE SOFTWARE
MAY BE EVALUATED FOR THIRTY DAYS ON A ROYALTY FREE BASIS.
CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY
USER OF THE REGISTRATION FEE SPECIFIED IN THE FILE ORDER.TXT.


The F/WIN Anti-Virus executable file (FWIN.EXE) and the
accompanying files are SHAREWARE. You are hereby granted a
license by Stefan Kurtzhals, owner and author of F/WIN Anti-Virus
to evaluate and distribute the SHAREWARE copy of the software
and its accompanying files, under the following conditions:

1.   Using the F/WIN Anti-Virus means that you agree to all of
     the conditions stated in this agreement.

2.   Stefan Kurtzhals and authorized distributors of F/WIN Anti-
     Virus can never be held responsible for damage, directly or
     indirectly resulting from the use of the F/WIN Anti-Virus
     product, or through following the instructions in the F/WIN
     Anti-Virus documentation.

3.   The SHAREWARE version package of the F/WIN Anti-Virus may
     not be sold or licensed. Neither may a fee be charged for
     its use.  If a fee is charged in connection with the F/WIN
     Anti-Virus utilities at all, it should only cover the cost
     of copying or distribution. UNDER NO CIRCUMSTANCES should
     payment of such fees be understood to constitute legal
     ownership.

4.   The F/WIN Anti-Virus shareware package must be presented in
     its complete form. Distributing the program and its
     accompanying files separately is strictly forbidden.

5.   None of the files within the F/WIN Anti-Virus SHAREWARE
     package may be modified or altered in any way.

6.   By granting you the right to distribute the SHAREWARE copy
     of the F/WIN Anti-Virus, you do not become the owner of the
     product in any way.

7.   The SHAREWARE version package of the F/WIN Anti-Virus may be
     distributed freely without charge.

8.   Stefan Kurtzhals and all authorized distributors of F/WIN
     Anti-virus accept no responsibility in the event that F/WIN
     malfunctions or does not function at all.

9.   Any other use, distribution or representation of the F/WIN
     Anti-Virus utilities is forbidden without the written
     permission of Stefan Kurtzhals, author and owner of F/WIN
     Anti-Virus.

10.  You agree that you will not attempt to reverse compile,
     modify, translate, or disassemble the F/WIN Anti-Virus
     software in whole or in part.

11.  If F/WIN Anti-Virus does not conform to the limited warranty
     in the "DISCLAIMER OF WARRANTY AND LIMITED WARRANTY" section
     below, Stefan Kurtzhals's and F/WIN's authorized
     distributors's entire liability and your sole remedy shall
     be, at Stefan Kurtzhals's option, either to (a) correct the
     error or (b) help you work around or avoid the error. The
     Limited Warranty is void if failure of the F/WIN Anti-Virus
     has resulted from accident, abuse, or misapplication. Any
     replacement software will be warranted for the remainder of
     the original Limited Warranty period.

12.  STEFAN KURTZHALS AND AUTHORIZED DISTRIBUTORS FOR F/WIN ANTI-
     VIRUS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE.
     EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION
     "DISCLAIMER OF WARRANTY AND LIMITED WARRANTY" BELOW, STEFAN
     KURTZHALS AND AUTHORIZED DISTRIBUTORS OF F/WIN ANTI-VIRUS
     DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE F/WIN
     ANTI-VIRUS SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING
     BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
     FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF
     THIRD PARTY RIGHTS.  SOME JURISDICTIONS DO NOT ALLOW THE
     EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG
     AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION
     OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
     LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  THIS
     WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
     HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
     JURISDICTION.

13.  In the event of invalidity of any provision of this
     license, the parties agree that such invalidity shall not
     affect the validity of the remaining portions of this
     license.

14.  IN NO EVENT SHALL STEFAN KURTZHALS, F/WIN'S AUTHORIZED
     DEALERS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
     CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF
     ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF
     THE SOFTWARE, EVEN IF STEFAN KURTZHALS, F/WIN'S AUTHORIZED
     DEALERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
     OF SUCH DAMAGES. IN NO EVENT WILL STEFAN KURTZHALS, F/WIN'S
     AUTHORIZED DEALERS OR ITS SUPPLIERS LIABILITY FOR ANY CLAIM,
     WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY,
     EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

15.  This license will be governed by the laws of the State of
     Ohio as they are applied to agreements between Ohio
     residents entered into and to be performed entirely within
     Ohio. The United Nations Convention on Contracts for the
     International Sale of Goods is specifically disclaimed.

16.  This is the entire agreement between you and Stefan
     Kurtzhals, which supersedes any prior agreement or
     understanding, whether written or oral, relating to the
     subject matter of this license.

17.  F/WIN Anti-Virus may not be bundled or included with any
     hardware or software without the expressed written consent
     of Stefan Kurtzhals, or an F/WIN Anti-Virus authorized
     distributor.

18.  User agrees to pay all legal costs for the plaintiff,
     Stefan Kurtzhals, if litigation is undertaken to deal with
     user's illegal distribution of F/WIN Anti-Virus software
     and/or key file(s).

19.  If the SHAREWARE version has been converted to a
     fully-functional registered version through the purchase
     of a key file (FWIN.KEY), it is forbidden to knowingly
     give away for free, or to sell the FWIN.KEY file.  Ownership
     of all the executable and documentation files may be
     TRANSFERRED in whole (but not in part) to another owner,
     but the FWIN.KEY file may NOT be transferred to any third
     party under any circumstances.  User agrees to only
     use a key file (FWIN.KEY) that was LEGALLY obtained.
     "TRANSFERRED" means that the original legal owner gives
     away, or sells all of the F/WIN Anti-Vi