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Monster Media 1996 #15
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Monster Media Number 15 (Monster Media)(July 1996).ISO
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LICENSES.TXT
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1996-04-06
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GroupEase (tm) Shareware Version Licensing Instructions
Copyright (c) 1994-1996 Ethosoft, Inc.
PLEASE FEEL FREE TO (i) UPLOAD THIS SOFTWARE TO ANY ELECTRONIC BULLETIN
BOARD, (ii) DEMONSTRATE THE SOFTWARE AND ITS CAPABILITIES OR (iii) GIVE
COPIES TO POTENTIAL USERS, SO THAT OTHERS MAY HAVE THE OPPORTUNITY TO
OBTAIN A COPY FOR USE IN ACCORDANCE WITH THE LICENSE TERMS CONTAINED
IN THIS FILE.
NOTICE TO SHAREWARE DISTRIBUTORS ("DISTRIBUTOR"): CAREFULLY READ
THE FOLLOWING LEGAL AGREEMENT. DISTRIBUTOR'S RIGHT TO DISTRIBUTE
THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY DISTRIBUTOR WITH
THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. Ethosoft, Inc. ("Ethosoft") grants to Distributor
a nonexclusive, worldwide right to distribute the object code version of
the Software as shareware. This license to distribute the Software is
conditioned upon Distributor's compliance with the terms of this Agreement.
Distributor will not copy the Software except as necessary to use it
in accordance with this license, and Distributor is granted no right to
modify or sublicense the Software. Distributor may download the Software
files from the ETHOSOFT Forum on CompuServe (GO ETHOSOFT) or the Ethosoft
web site (www.ethosoft.com). All files of this Software must be
distributed bundled together, either by distributing a copy of the
original .ZIP file or by unzipping the entire contents of the .ZIP file
onto a diskette. All Software distribution must be via diskettes (which
are either write-protected or notchless) or electronic transmission
(in which case the original archive file from Ethosoft must be used).
Distributor is prohibited from installing copies of the Software on hard
drives and distributing such hard drives.
2. NO SUBLICENSE FEE. Shareware Distributors may not charge their
customers for the Software other than a nominal fee for the diskette and
must make clear on the diskette package and diskette.label that the Software
on the diskette is for evaluation purposes only, and that its use beyond
30 days requires a valid license or registration through Ethosoft, Inc. or
an Authorized Ethosoft Support center. Shareware Distributors agree not
to offer any service or subscription that includes updates of Ethosoft
Software. Such access to, or provision of, Ethosoft Software updates is
a benefit of properly licensing the Software through Ethosoft, Inc. or
an Authorized Agent. All registration and licensing opportunities shall
be referred to Ethosoft, Inc. or to an Authorized Agent.
3. COPYRIGHT. The Software is protected by United States copyright
laws and international treaty provisions. Distributor acknowledges that
no title to the intellectual property in the Software is transferred to
Distributor. Distributor further acknowledges that full ownership rights
to the Software will remain the exclusive property of Ethosoft or its
suppliers, and Distributor will not acquire any rights to the Software
except as expressly set forth in this license. Distributor agrees that
any copies of the Software made by Distributor will contain the same
proprietary notices which appear on and in the Software.
4. REVERSE ENGINEERING. Distributor agrees that it will not attempt,
and will use its best efforts to prevent its employees from attempting
to reverse compile, modify, translate or disassemble the Software in whole
or in part.
5. LIMITED END USER WARRANTY. Ethosoft warrants the Software
TO END USERS ONLY pursuant to the terms and conditions of the end user
license and no warranty is extended to Distributor. In the event
the Software does not conform to the limited warranty described in the
end user license, Ethosoft will provide the end user with a solution in
accordance with the terms of the end user license. Distributor agrees to
provide Ethosoft with reasonable assistance in providing warranty assistance
to end users.
6. NO OTHER WARRANTIES. ETHOSOFT DOES NOT WARRANT THAT THE
SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS WARRANTIES GRANTED
TO THE END USER IN THE END USER LICENSE AGREEMENT, ETHOSOFT
DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE 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.
7. SEVERABILITY. 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.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT
SHALL ETHOSOFT OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF ETHOSOFT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. EXPORT. Distributor agrees that it will not export or re-export
the Software to North Korea, Vietnam, Cuba, Iran or Iraq without the
appropriate United States or foreign government licenses.
10. GOVERNING LAW. This Agreement will be governed by the laws of
the State of Massachusetts. The United Nations Convention on Contracts
for the International Sale of Goods is specifically disclaimed.
11. U.S. GOVERNMENT RESTRICTED RIGHTS. If Distributor provides
the Software for use by DoD, Distributor agrees to insure that use,
duplication or disclosure by the Government will be subject to the terms
of this Agreement unless superseded by 252.227-7013(c)(1)(ii). If
Distributor provides the Software for use by civilian agencies, Distributor
agrees to insure that use, reproduction or disclosure is subject to the terms
of this Agreement unless superseded by 52.227-19.
12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between Distributor and Ethosoft which supersedes any prior agreement,
including any prior license from Ethosoft, or understanding, whether written
or oral, relating to the subject matter of this Agreement.
Should you have any questions concerning this license agreement, or if you
desire to contact Ethosoft for any reason, please call (800) 388-9063,
fax (617) 393-5461, or write: Ethosoft, Inc. 196 Boston Avenue, Suite 3500,
Medford, MA 02155.