Especial Multimedia/Especial Multimedia.iso/Multimed/Presenta/EV2FREE.ZIP/LICENSE.TXT

Text File | 1997-01-07 | 7KB | 158 lines

BY INSTALLING AND/OR EXECUTING THE EVEREST FREE-AUTHORING SOFTWARE
ON YOUR COMPUTER, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
EVEREST FREE-AUTHORING SOFTWARE LICENSE AGREEMENT

DEFINITIONS

The Software is the Everest Free-Authoring computer program. ICI
is Intersystem Concepts, Inc., developer of the Software. A Project
is the material created through the use of any version of the
Software (free or otherwise).

GRANT OF LICENSE

ICI grants you a non-exclusive license to use the Software free of
charge if you are either a Type 1 Licensee: a student, faculty
member or staff member of a non-profit educational institution
(K-12, junior college, college or library); or a Type 2 Licensee:
your use of the Software is for the purpose of creating Projects
that you plan to later distribute to others after obtaining a
license from ICI to do so.

TERM

This Software license expires at the end of 1997 unless you
register your copy with ICI.  Registering your copy allows
continued use of the free Software past the end of 1997.

ACCOMPANIMENTS

If you are using the Software free of charge, you are not entitled
to free hard-copy documentation, support or telephone assistance.
However, you may print one (1) copy of the documentation files
provided with the Software for your personal use.  Alternatively,
you may purchase from ICI up to one (1) set of printed
documentation, at the then current price, for your personal use.

DISCLAIMER OF WARRANTY

This Software is provided on an "AS IS" basis, without warranty of
any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and
non-infringement.  The entire risk as to the quality and
performance of the Software is borne by you.  Should the Software
prove defective, you and not ICI assume the entire cost of any
service and repair.  This disclaimer of warranty constitutes an
essential part of the agreement.  SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY
TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
JURISDICTION.

SCOPE OF GRANT

During the term of this License, you may:
* use the Software on any single computer
* use the Software on a network, provided that each person
accessing the Software through the network has a copy registered
to that person

Through the end of the year 1997 you may:
* manually copy the original, unmodified Software and distribute
it to others provided 1) no fee whatsoever is charged; 2) no
Projects, other software or products are distributed
simultaneously; 3) no paper copies of documentation are
distributed; 4) the copy is on floppy diskette; and 5) the copy
continues to be bound by the terms of this Agreement.

You may not:
* modify or view Projects created by others, except if both parties
are Type 1 Licensees, or one is ICI
* distribute Projects to others in any form, except if both parties
are Type 1 Licensees, or one is ICI
* distribute Projects to any Type 2 Licensees in any form
* modify or view Projects created with non-free versions of the
Software
* modify, translate, reverse engineer, decompile, disassemble
(except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software
* copy the Software other than as specified above
* rent, lease, grant a security interest in, or otherwise transfer
rights to the Software
* remove any proprietary notices or labels on the Software
* permit other individuals to use the Software except under the
terms listed above.

TITLE

Title, ownership rights, and intellectual property rights in the
Software shall remain in ICI and/or its suppliers.  The Software
is protected by copyright laws and treaties.  Title and related
rights in the content accessed through the Software is the property
of the applicable content owner and may be protected by applicable
law.  This License gives you no rights to such content.

TERMINATION

The license will terminate automatically if you fail to comply with
the limitations described herein.  If you do not register your
copy, this license terminates at the end of the year 1997.  Upon
termination, you must destroy all your copies of the Software and
documentation.

EXPORT CONTROLS

None of the Software or underlying information or technology may
be downloaded or otherwise exported or reexported 1) into (or to
a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North
Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or 2) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders.  By downloading or using the
Software, you are agreeing to the foregoing and you are
representing and warranting that you are not located in, under the
control of, or a national or resident of any such country or on any
such list.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ICI OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES.  IN NO EVENT WILL ICI BE LIABLE FOR
ANY DAMAGES IN EXCESS OF THE AMOUNT ICI RECEIVED FROM YOU FOR A
LICENSE TO THE SOFTWARE, EVEN IF ICI SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION.  FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES

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").  ICI and its suppliers specifically disclaim any
express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS

If the copy of the Software you received was accompanied by a
printed or other form of "hard-copy" License Agreement from ICI
whose terms vary from this Agreement, then the hard-copy License
Agreement governs your use of the Software.  This Agreement
represents the complete agreement concerning this license and may
amended only by a writing executed by both parties.  If any
provision of this Agreement is held to be unenforceable, such
provision shall be reformed by ICI only to the extent necessary to
make it enforceable.  This Agreement shall be governed by the laws
of the state of Maryland.  The application the United Nations
Convention of Contracts for the International Sale of Goods is
expressly excluded.