Software Vault: The Diamond Collection/The Diamond Collection (Software Vault)(Digital Impact).ISO/cdr05/qmzip2.zip/LICENSE.TXT

Text File | 1995-02-06 | 8KB | 130 lines

BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT,
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE
BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.

                         END USER LICENSE AGREEMENT

                    FREE EDUCATIONAL AND EVALUATION USE

GRANT.  Subject to the provisions contained herein, Quarterdeck Office Systems, Inc.
("Quarterdeck") hereby grants you a non-exclusive license to use its accompanying
proprietary software product ("Software") free of charge until May 16, 1995 (the
"Evaluation Period") for the purpose of evaluating whether to purchase an ongoing license to
the Software.  Upon the expiration of the Evaluation Period, the Software will automatically
become disabled.  During the Evaluation Period, you will not be entitled to free technical
support or telephone assistance for the Software.

SOFTWARE AND DOCUMENTATION.  Quarterdeck shall furnish the Software to you
electronically or on media in machine-readable object code form.
This license does not grant you any right to any enhancement or update to the Software and
Documentation.  Enhancements and updates, if available, may be obtained by you at
Quarterdeck's then-current standard pricing, terms, and conditions.

RESTRICTED USE.  Any copy of the Software made by you shall be subject to this
Agreement and shall contain all of Quarterdeck's notices regarding copyrights, trademarks
and other proprietary rights as contained in the Software originally provided to you.  [You
may not lend, rent, lease or otherwise transfer the Software.]  The Software is protected by
the copyright laws of the United States and international copyright treaties.

TITLE.  Title, ownership rights, and intellectual property rights in and to the Software and
Documentation shall remain in Quarterdeck and/or its suppliers.  This Agreement does not
include the right to sublicense the Software and is personal to you and therefore may not be
assigned (by operation of law or otherwise) or transferred without the prior written consent
of Quarterdeck.  You acknowledge that the Software in source code form remains a
confidential trade secret of Quarterdeck and/or its suppliers and therefore you agree not to
attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others
to do so, except to the extent applicable laws specifically prohibit such restriction.  You
further agree not to modify or create derivative works of the Software.

CONTENT.  Title, ownership rights, and intellectual property rights in and to the content
accessed through the Software is the property of the applicable content owner and may be
protected by applicable copyright or other law.  This License gives you no rights to such
content.

DISCLAIMER OF WARRANTY.  Since the Software is provided free of charge, the
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 Quarterdeck assume the
entire cost of any service and repair.  In addition, the security mechanism implemented by
the Software has inherent limitations, and you must determine that the Software sufficiently
meets your requirements.  This disclaimer of warranty constitutes an essential part of the
agreement.  SOME STATES 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 FROM STATE TO STATE OR BY
JURISDICTION.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL QUARTERDECK 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 QUARTERDECK BE LIABLE FOR ANY DAMAGES IN EXCESS OF
QUARTERDECK'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF
QUARTERDECK 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 STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

EXPORT CONTROLS.  You may not download or otherwise export or reexport the
Software or any underlying information or technology except in full compliance with all
United States and other applicable laws and regulations.  In particular, but without limitation,
none of the Software or underlying information or technology may be downloaded or
otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq,
Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny 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.

TERMINATION.  Either party may terminate this Agreement immediately in the event of
default by the other party.  Upon any termination of this Agreement, you shall immediately
discontinue the use of the Software and shall within ten (10) days return to Quarterdeck all
copies of the Software and Documentation.  You may also terminate this Agreement at
any time by destroying the Software and Documentation and all copies thereof.  Your
obligations to pay accrued charges and fees shall survive any termination of this Agreement.

MISCELLANEOUS.  This Agreement represents the complete and exclusive statement of the
agreements concerning this license between the parties and supersedes all prior agreements
and representations between them.  It may be amended only by a writing executed by both
parties.  THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH
HEREIN, AND QUARTERDECK AGREES TO FURNISH THE SOFTWARE AND
DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN
YOUR PURCHASE ORDER.  If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the extent necessary
to make it enforceable, and such decision shall not affect the enforceability (i)
of such provision under other circumstances or (ii) of the remaining provisions hereof under
all circumstances.  Headings shall not be considered in interpreting this Agreement.  This
Agreement shall be governed by and construed under California law as such law applies to
agreements between California residents entered into and to be performed entirely within
California, except as governed by Federal law.  This Agreement will not be governed by the
United Nations Convention of Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.

U.S. Government Restricted Rights.  Use, duplication or disclosure by the Government is
subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013, and in similar clauses in the NASA FAR Supplement.

Contractor/manufacturer is Quarterdeck Office Systems, Inc., 150 Pico Boulevard, Santa
Monica, CA 90405.

Quarterdeck Office Systems, Inc.
150 Pico Boulevard
Santa Monica, CA 90405

phone: [phone]
fax:   [phone]