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PERSONAL CALENDAR (PC) FOR DOS Version 14.20
FILE LICENSE.DOC 17 Jan 1991
Trial-Use and Limited Distribution License
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Personal or Site Software License
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Copyright 1985-1991 by Paul Munoz-Colman. All rights reserved.
┌─────────┐
┌─────┴───┐ │ (R)
──│ │o │──────────────────
│ ┌─────┴╨──┐ │ Association of
│ │ │─┘ Shareware
└───│ o │ Professionals
──────│ ║ │────────────────────
└────╨────┘ MEMBER
┌──────────────────────────────────────────────────────────────────────────┐
│ Paul Muñoz─Colman │ Phone: (703) 435─1110 (home) │
│ 11645 Charter Oak Ct., #201 │ 487─8658 (office) │
│ Reston, VA 22090─4526 │ 71141,1224 CompuServe or PCMagNet │
└──────────────────────────────────────────────────────────────────────────┘
This file, LICENSE.DOC, contains important license information regarding the
trial use and the registered use of Personal Calendar. This information
applies to both individual users and sites (corporations or organizations) who
wish to supply copies to friends and associates.
A signed copy of the PERSONAL OR SITE SOFTWARE LICENSE (end of this file) MUST
accompany all orders for registration of Personal Calendar. You can print this
file by COPYing it to your printer with the following DOS command:
COPY LICENSE.DOC PRN
The file already contains form feeds at a page spacing of approximately 57
vertical lines, therefore it is not advisable to use a program that contols the
lines-per-page count. For additional information on Personal Calendar's
operation and features, see the README.DOC file contained in the archive, and
the Help Text within the program itself.
A TRIAL USE LICENSE is included here which states the terms for use of Personal
Calendar during the 30-day evaluation period. A LIMITED DISTRIBUTION LICENSE
is also included which governs reproduction and distribution of Personal
Calendar in its Shareware form.
User Groups, Computer Clubs, Disk Vendors and Distributors, Subscription
Services, Disk-of-the-Month Clubs, etc., should refer to the VENDOR.DOC file
for additional restrictions. BBS SYSOPs should refer to the SYSOP.DOC file.
PLEASE! Show your support for Shareware by registering the programs you
actually use. My ability to enhance Personal Calendar depends upon and needs
your support. Thank you!
-------------------------------------------------------------------------------
TO DISTRIBUTE OR TO EVALUATE SHAREWARE VERSION OF PERSONAL CALENDAR ON A TRIAL
BASIS, SEE THE TRIAL USE AND LIMITED DISTRIBUTION LICENSE FOLLOWING THIS PAGE.
TO REGISTER PERSONAL CALENDAR, SIGN AND RETURN A COPY OF THE
PERSONAL OR SITE LICENSE AGREEMENT AT THE END OF THIS FILE, ALONG
WITH A COPY OF THE ORDER FORM AT THE END OF FILE REGISTER.DOC.
-------------------------------------------------------------------------------
PERSONAL CALENDAR
TRIAL USE AND LIMITED DISTRIBUTION LICENSE
1.0 Personal Calendar is NOT a public domain program. It is Copyright
1985-1991 by Paul Munoz-Colman. All rights reserved.
2.0 This SOFTWARE and accompanying documentation are protected by United
States Copyright law and also by International Treaty provisions. Any use of
this SOFTWARE in violation of Copyright law or the terms of this limited
LICENSE will be prosecuted to the best of my ability. The conditions under
which you may copy this SOFTWARE and documentation are clearly outlined below
under "Distribution Restrictions".
3.0 I (LICENSOR) hereby grant you (LICENSEE) a limited LICENSE to use this
SOFTWARE for evaluation purposes for a period not to exceed thirty (30) days.
If you intend to continue using this SOFTWARE (and/or it's documentation) after
the thirty (30) day evaluation period, you MUST make a registration payment to
me.
4.0 Using this SOFTWARE after the thirty (30) day evaluation period, without
registering the SOFTWARE is a violation of the terms of this limited LICENSE.
5.0 LICENSEE shall not use, copy, rent, lease, sell, modify, decompile,
disassemble, otherwise reverse engineer, or transfer the licensed SOFTWARE
except as provided in this AGREEMENT. Any such unauthorized use shall result
in immediate and automatic termination of this LICENSE.
6.0 Distribution Restrictions. As the copyright holder for Personal Calendar,
I authorize individuals to distribute the Personal Calendar Executable Program
in accordance with the following restrictions. I DO NOT authorize anyone to
distribute the source code to Personal Calendar, available only to registered
users as licensed SOFTWARE.
User Groups, Computer Clubs, Disk Vendors and Distributors, Subscription
Services, Disk-of-the-Month Clubs, etc., must refer to the VENDOR.DOC file
for additional restrictions. BBS SYSOPs must refer to the SYSOP.DOC file.
6.1 Individuals are hereby granted permission by me to copy the Personal
Calendar diskette for their own use (for evaluation purposes) or for other
individuals to evaluate, ONLY when the following conditions are met.
6.2 The Personal Calendar package is defined as containing EXACTLY the
material listed in the PACKING.LST text file. If any files listed in the
PACKING.LST text file, or the PACKING.LST file itself, are missing or extra,
then the package is defective and distribution is forbidden. Please contact
me to obtain a complete package suitable for distribution.
6.3 The Personal Calendar package - including all related program files
and documentation files - CANNOT be modified in any way and must be distributed
as a complete package, without exception. The PACKING.LST text file contains a
list of all files that are part of the Personal Calendar package.
6.4 No price or other compensation may be charged for the Personal
Calendar package. A distribution cost may be charged for the cost of the
diskette, shipping and handling, as long as the total (per disk) does not
exceed US$8.00 in the U.S. and Canada, or US$12.00 internationally. A nominal
distribution fee (for example, reimbursement for connect and communication
charges) may be charged by for-pay BBS systems, such as CompuServe.
6.5 The Personal Calendar package CANNOT be sold as part of some other
inclusive package. Nor can it be included in any commercial SOFTWARE packaging
offer, without a written AGREEMENT from me.
6.6 The Personal Calendar package cannot be "rented" or "leased" to
others.
6.7 The person receiving a copy of the Personal Calendar package MUST be
made aware that (1) each disk or copy is ONLY for evaluation, (2) that I have
not received any royalties or payment for the product, and (3) that he or she
does not become a registered user until I have received payment for
registration of the SOFTWARE. These requirement can be met by including the
complete Personal Calendar package, which contains any appropriate registration
reminders.
6.8 I prohibit the distribution of outdated versions of the Personal
Calendar package, without written permission from me. If the version you have
is older than six (6) months old, please contact me to ensure that you have the
most current version. This version's date and number are shown at the top of
this LICENSE.DOC file.
6.9 U.S. Government Information: Use, duplication, or disclosure by the
U.S. Government of the computer SOFTWARE and documentation in this package
shall be subject to the restricted rights applicable to commercial computer
SOFTWARE as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data
and Computer Software clause at 252.227-7013 (DFARS 52.227-7013). The
Contractor/manufacturer is Paul Munoz-Colman, President, FunStuff, 11645
Charter Oak Court, #201, Reston, VA 22090-4526.
7.0 All rights not expressly granted here are reserved to me.
-------------------------------------------------------------------------------
TO REGISTER PERSONAL CALENDAR, SIGN AND RETURN A COPY OF THE
PERSONAL OR SITE LICENSE AGREEMENT ON THE FOLLOWING PAGES, ALONG
WITH A COPY OF THE ORDER FORM AT THE END OF FILE REGISTER.DOC.
-------------------------------------------------------------------------------
PERSONAL CALENDAR
PERSONAL OR SITE SOFTWARE LICENSE AGREEMENT
This AGREEMENT is entered into this _____ day of _______, _____, by and between
Paul Munoz-Colman, an individual, 11645 Charter Oak Ct., #201, Reston VA 22090,
hereinafter referred to as LICENSOR, and _____________________________________,
located at ___________________________________________________________________
hereinafter referred to as LICENSEE, agree to:
1.0 LICENSE TO USE LICENSOR'S PROGRAM
1.1 LICENSOR, for the consideration named, hereby grants to LICENSEE a
non-exclusive LICENSE to use the proprietary computer program called Personal
Calendar ("SOFTWARE"). "Use" means copying of any portion of the licensed
object-code program from a storage unit or media into the designated equipment
and execution of the licensed SOFTWARE on the equipment. In the case of a
source code LICENSE, "use" includes recompilation and relinking of the licensed
source code on the equipment.
1.2 PAYMENT. LICENSEE shall pay LICENSOR a one-time fee of
________________________________ US Dollars ($__________) for the
(personal)(site) LICENSE to use this SOFTWARE.
\ CIRCLE ONE /
1.3a Personal LICENSE Only. LICENSOR grants to LICENSEE the right to
copy the SOFTWARE onto diskettes, hard disks, or in whatever manner may be
deemed necessary to archive, use, and cause the SOFTWARE to be active on no
more than one computer system at a time.
1.3b Site LICENSE Only. LICENSOR grants to LICENSEE the nontransferable,
nonexclusive right to copy the SOFTWARE onto diskettes, hard disks, or in
whatever manner may be deemed necessary to archive, distribute and use _______
copies of the SOFTWARE within the site, including use on desktop computers, for
LICENSEE's internal use.
1.3b.1 LICENSOR will deliver one copy of the licensed SOFTWARE to
LICENSEE. LICENSEE may make additional copies of the program, up to the
number of copies licensed herein, provided that each copy of the program
contains Personal Calendar's copyright notice and any other proprietary
legends, including legends under the Federal Acquisition Regulations (FAR), if
any, contained on the delivered copy.
1.3b.2 Each copy of the licensed SOFTWARE provided under this
LICENSE may be used on only one computer at any one time. If used on a network
system, each terminal user is automatically considered to be using a distinct
copy of the licensed SOFTWARE whether or not he is actually using it.
1.4 LICENSOR shall supply the latest verion of the SOFTWARE to LICENSEE
which includes a customized specially encoded registration validation data file
CALSER.DAT. This file, when present in the directory in which the SOFTWARE
resides, shall cause the SOFTWARE to operate in the registered mode and to
display the statement "Registered to:", LICENSEE's name as declared on the
ORDER FORM, and the serial number of the program.
1.5 This right to copy and reproduce extends to any material and
documentation supplied by LICENSOR and related to the SOFTWARE. LICENSEE shall
not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise
reverse engineer, or transfer the licensed SOFTWARE except as provided in this
AGREEMENT. Any such unauthorized use shall result in immediate and automatic
termination of this LICENSE.
2.0 TITLE TO SOFTWARE, CONFIDENTIALITY, AND PROPRIETARY RIGHTS
2.1 Title and copyright to the SOFTWARE, associated trademarks, and all
related material is with LICENSOR. The SOFTWARE program is licensed, not sold.
Nothing in this AGREEMENT shall be construed as conveying title in the
SOFTWARE to LICENSEE.
2.2 In the case of a source code LICENSE, LICENSEE understands and agrees
that the source code for the licensed SOFTWARE and all documentation related
thereto constitute the valuable properties and trade secrets of LICENSOR, owner
of the copyright to the licensed SOFTWARE, embodying substantial creative
efforts which are secret, confidential, and not generally known by the public,
and which secure to LICENSOR a competitive advantage.
2.3 LICENSEE agrees during the term of this LICENSE, and thereafter, to
hold the licensed SOFTWARE, including any copies thereof, the registration
validation data file CALSER.DAT, and any documentation related thereto, in
strict confidence and to not permit any person or entity to obtain access to it
except as required for LICENSEE's own internal use hereunder.
2.4 LICENSEE shall inform LICENSOR promptly and in writing of any actual
or suspected unauthorized use or disclosure of the licensed SOFTWAREs or
documentation related thereto.
2.5 The obligations under this paragraph shall survive the termination or
rescission of this AGREEMENT.
3.0 TERMS OF AGREEMENT AND DISPOSITION OF SOFTWARE
3.1 This LICENSE is effective until terminated. This LICENSE will also
terminate as otherwise provided in this AGREEMENT.
3.2 LICENSOR may terminate this AGREEMENT on ten (10) days written notice
to LICENSEE if LICENSEE fails to comply with the terms and conditions herein.
3.3 LICENSEE may terminate this AGREEMENT at any time by destroying the
licensed SOFTWARE and all copies, backups, and archives of it and notifying
LICENSOR in writing within five (5) days. On termination, LICENSEE shall
return all materials not destroyed to LICENSOR at LICENSEE's expense, together
with a written verification that the remaining materials have been destroyed.
4.0 LIMITED WARRANTY
4.1 LICENSOR warrants that for a period of ninety (90) days from the date
of delivery of the licensed SOFTWARE, the program, if unmodified by the
LICENSEE, will perform in substantial conformity with the user documentation.
LICENSOR does not warrant that the licensed SOFTWARE is free from coding
errors. Any program problems reported to LICENSOR during the warranty period
and determined by LICENSOR to be actual coding errors will be corrected by
LICENSOR within a reasonable time. Any modifications to the licensed SOFTWARE
shall thereafter be licensed AS IS.
4.2 The above warranty does not apply to the extent that any failure of
the licensed SOFTWARE to perform as warranted is caused by the licensed
SOFTWARE being (1) not used in accordance with the user documentation, or (2)
modified by any person other than LICENSOR.
4.3 LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER WARRANTY OF ANY KIND,
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
5.0 LIMITATION OF LIABILITY
5.1 The total liability of LICENSOR or its suppliers for any claim or
damage arising out of the use of the licensed SOFTWARE or otherwise related to
this LICENSE shall be limited to direct damages which shall not exceed the
LICENSE fee(s) which have been paid by LICENSEE to LICENSOR for the specific
client project which is the subject of such claim or damage.
5.2 IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ADDITIONAL
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
LICENSED PROGRAM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
6.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY LICENSOR IF:
6.1 LICENSEE fails to comply with any material term or condition of this
AGREEMENT and LICENSEE fails to cure such failure within fifteen (15) days
after notice of such failure by LICENSOR; and
6.2 LICENSEE's normal business operations are disrupted or discontinued
for more than thirty days by reason of insolvency, bankruptcy, receivership,
or business termination.
7.0 GENERAL TERMS
7.1 Neither this AGREEMENT nor any rights or obligations hereunder shall
be assigned or otherwise transferred by LICENSEE without prior written consent
of LICENSOR, which consent will not be unreasonably withheld. LICENSOR may
assign this AGREEMENT entirely in its discretion upon the express written
assumption of the obligations hereunder by the assignee.
7.2 Regardless of the place of contracting, place of performance, or
otherwise, this Contract, and all amendments, modifications, alterations, or
supplements thereto, shall be governed by the laws of the Commonwealth of
Virginia, as to the nature, validity, and interpretation thereof. No suit for
enforcement of or for a declaration of rights between the parties to this
AGREEMENT shall be commenced in any court other than the General District or
Circuit Court of Fairfax County, Virginia, or in the United States District
Court for the Commonwealth of Virginia.
7.3 Any controversy or claim arising out of or relating to this AGREEMENT
or the breach thereof shall be settled by arbitration in accordance with the
commercial rules of the American Arbitration Association, using an arbitrator
with knowledge of computers and software, and judgment upon the award rendered
by the arbitrator(s) may be entered in any court having jurisdiction thereof.
No arbitration or other action arising out of any claimed breach of this
AGREEMENT or transactions under this AGREEMENT may be demanded by either party
more than one year after the cause of action accrued. The prevailing party in
any such action related to or arising under this AGREEMENT shall be entitled to
reasonable attorneys' fees. This provision shall not apply to any action or
proceeding for injunctive relief.
7.4 This AGREEMENT and its exhibits contain the entire AGREEMENT between
the parties hereto, superseding all previous AGREEMENTs, representations,
understandings and negotiations. This AGREEMENT may not be amended other than
by writing signed by an authorized representative of the parties.
7.5 If any terms or provisions of this AGREEMENT shall be found to be
illegal or unenforceable then, notwithstanding, this AGREEMENT shall remain in
full force and effect and such term or provision shall be deemed stricken.
7.6 No amendment of this AGREEMENT shall be effective unless it is in
writing and signed by duly authorized representatives or both parties. No
term or provision hereof shall be deemed waived and no breach excused unless
such waiver or consent shall be in writing and signed by the party claimed to
have waived or consented. Any consent by any party to or waiver of a breach
by the other, whether express or implied, shall not constitute a consent to,
waiver of or excuse for any other, different or subsequent breach.
7.7 This AGREEMENT shall be binding on and shall inure to the benefit of
the heirs, executors, administrators, successors and assigns of the parties
hereto, but nothing in this paragraph shall be construed as a consent to any
assignment of this AGREEMENT by either party except as provided hereinabove.
7.8 Timely payment is of the essence of this AGREEMENT.
7.9 This AGREEMENT may be signed in counterparts.
IN WITNESS WHEREOF the parties hereto have caused this AGREEMENT to be
duly executed on their behalf as of the day and year first written in the
preamble of this AGREEMENT in two counterparts, each one of which bearing
original signatures shall for all purposes be deemed an original.
Paul Munoz-Colman, individual Accepted by:
SS No. 215-46-1789
Sign _______________________________ Sign _________________________________
(Licensor) (Licensee)
Print _________________________________
Title: Author and Owner Title _________________________________
Date _______________________________ Date _________________________________
END OF FILE LICENSE.DOC