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The Net Power 1997 March
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NetPower_3-97.mdf
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newtools
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sidepad
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spadv11.exe
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TERMS.TXT
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1996-11-16
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11KB
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207 lines
END USER LICENSE AGREEMENT
SidePad 1.0 Demo-Trial Product - Single User License Only
Dear Software Matchmakers, Inc. (herein known as "SMI") Customer: BEFORE
OPENING THE PACKAGE CONTAINING THE SoftMATCH SOFTWARE OR CLICKING ON
"ACCEPT" DURING REVIEW OF THIS LICENSE OR INSTALLING OR USING THE PROGRAM,
PLEASE CAREFULLY READ THIS LICENSE, WHICH CONTAINS THE TERMS AND CONDITIONS
UNDER WHICH YOU ARE ACQUIRING A LICENSE TO USE THE ACCOMPANYING SOFTMATCH
SOFTWARE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE,
PLEASE DO NOT INSTALL THE SOFTWARE AND PROMPTLY RETURN THE UNOPENED SOFTWARE
TO THE PLACE AT WHICH YOU ACQUIRED IT FOR A FULL REFUND OF ANY LICENSE FEE
PAID. IF YOU OPEN THE ACCOMPANYING SOFTWARE OR INSTALL OR USE IT, YOU WILL
BE ACQUIRING A LICENSE TO USE THE SOFTMATCH SOFTWARE PRODUCT IN OBJECT CODE
FORM (THE "PROGRAM") IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS
LICENSE, AND YOU WILL BE CONSIDERED TO HAVE ACCEPTED AND AGREED TO THESE
TERMS AND CONDITIONS.
1.Registration
Upon receipt by SMI of the Registration and Warranty Form included as part
of this license completed by You and payment of licensee fees to SMI, You
will be a Registered User of the Program. Registered Users are entitled to
an additional 30-day warranty period from the date that You acquired Your
copy of the Program. If Your Warranty has expired or You are not eligible
for Warranty coverage, You may purchase then available software maintenance
and support at SMI's then current rates, terms and conditions.
2.License
In consideration of the payment of the license fee, unless waived by SMI,
SMI grants to You a restricted, non-transferable and non-exclusive license
to use the Program and the enclosed materials for Your own internal business
purposes, but not for resale, relicensing or other redistribution, subject
to the terms and conditions in this license. No terms and conditions or
stipulations written on a purchase order or similar document will affect
these license terms even if such purchase order or document is accepted by
the receiving party. The copyright and all other right, title and interest
in the Program and materials shall at all times remain with SMI or its
licensors. Physical copies of the Program remain the property of SMI or its
licensors and such copies are deemed to be on loan to You during the term of
this Agreement. You must fully reproduce any copyright or other notice
marked on any part of the Program on all copies and must not alter or remove
any such copyright or other notice on the original copy of the Program. SMI
reserves all rights not expressly granted to You.
3.Permitted Uses
You may: a.use the Program on a single machine CPU or on a Local Area
Network server to which no more than the number of workstations indicated on
the Registration and Warranty Form included with this license have access to
the Program;
b.make one additional copy of the Program in machine readable form, for
backup purposes only;
c.transfer Your right to use the Program to a third party provided You
assign all Your rights under this Agreement, cease all use of the Program,
deinstall the Program, and notify us of the name and address of the other
party and that the other party agrees to the terms of this Agreement.
You may not:
i.sublease, lease sell, distribute, rent, permit concurrent use of or grant
other rights in the Program;
ii.provide use of the Program in a computer service business, network, time
sharing, interactive cable television, multiple CPU or multiple user
arrangement to users who are not individually licensed by SMI;
iii.make copies of any materials provided except as permitted under this
Agreement;
iv.sell forms or other materials generated in conjunction with the Program
to third parties;
v.translate, reverse engineer, decompile or disassemble any part of the
Program; or
vi.modify or adapt or create derivative works based on any part of the
Program.
4.Limited Warranty
If SMI has received a license fee for Your copy of the Program, for a period
of thirty days from the date You acquired your copy of the Program, or sixty
days provided SMI has received Your completed Registration and Warranty
Form, SMI warrants that: (a) the media on which SMI has supplied the Program
are not defective and the Program is properly recorded on them; (b) any
manuals provided by SMI with the Program are substantially complete and
contain all the information which SMI believes is necessary to use the
Program; and (c) the Program functions substantially as described in the
accompanying manuals.
YOUR SOLE REMEDY UNDER THIS LIMITED WARRANTY IS TO RETURN FOR REPLACEMENT
WITHIN THE WARRANTY PERIOD DEFECTIVE MEDIA ON WHICH THE SOFTWARE HAS BEEN
SUPPLIED BY SMI.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OR MERCHANTABLE QUALITY, MERCHANTABILITY AND FITNESS OR
SUITABILITY FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR FROM A
COURSE OF DEALING OR USAGE OF TRADE. SMI DOES NOT WARRANT THAT THE PROGRAM
WILL BE ERROR FREE OR THAT ITS OPERATION WILL BE UNINTERRUPTED. NO SMI
AGENT, REPRESENTATIVE, OR DEALER IS AUTHORIZED TO MODIFY, EXTEND OR ADD TO
THIS WARRANTY ON BEHALF OF SMI AND THIS WARRANTY IS VOIDED IN THE EVENT THE
PROGRAM OR MEDIA ON WHICH SUPPLIED IS SUBJECT TO ACCIDENT OR ABUSE. THE
WARRANTIES IN THIS AGREEMENT GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
5.Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN SECTION 3 HEREOF, THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE PROGRAM AND USE OF THE MATERIALS IS ASSUMED
BY YOU. SMI SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR
DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF SMI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; NOR SHALL SMI'S AGENTS OR
REPRESENTATIVES OR LICENSORS HAVE ANY SUCH LIABILITY. THE MAXIMUM AGGREGATE
LIABILITY OF SMI AND ITS AGENTS, REPRESENTATIVES AND LICENSORS IN ANY
CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, WHETHER IN TORT, CONTRACT OR
OTHERWISE SHALL NOT EXCEED THE LICENSE FEE PAID BY YOU FOR THIS COPY OF THE
PROGRAM.
6.Term
The license granted under this Agreement shall remain in effect until
terminated or expired. You may terminate the license at any time. SMI may
terminate the license due to Your failure to comply with any of the
provisions of this Agreement. Upon termination by You or SMI or expiration,
You agree to return to SMI all copies of the Program and materials.
7.Government End Users
If the Program is acquired by or on behalf of a unit or agency of the United
States Government or any state or local government in the United States,
this provision applies. The Program (i) was developed at private expense,
and no part of it was developed with government funds; (ii) is a trade
secret of SMI for all purposes of the Freedom of Information Act; (iii) is
"commercial computer software" subject to limited utilization (Restricted
Rights) as provided in the contract between the vendor and the government
entity; and (iv) in all respects is proprietary data belonging solely to
SMI.
For units of the Department of Defense ("DOD"), the Program is licensed only
with "Restricted Rights" as that term is defined in the DOD Supplement to
the Federal Acquisition Regulations ("DFARS") 252.227-7013(c) or any other
successor clause and use, duplication of disclosure is subject to
restriction as set forth in the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, 252.227-7014 and 252.227-7015 or any
other successor clause. Manufacturer: Software Matchmakers, Inc. (SMI).
If the Program was acquired under a GSA Schedule, (i) the U.S. Government
must refrain from changing or removing any insignia or lettering from t