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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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fwin311e.zip
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LICENSE.TXT
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1996-06-16
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LICENSE AGREEMENT
=================
Section I - License agreement for SHAREWARE VERSION
Section II - License agreement for EVALUATION VERSION
Section II - Registration, Warranty and Copyright agreement
for both the SHAREWARE and EVALUATION versions
There are two non-registered versions of F/WIN Anti-Virus. The
"SHAREWARE VERSION" is the version that may be freely copied and
used on a trial basis for thirty days. Some of its features are
disabled until a valid registration key file is used with it.
The "EVALUATION VERSION" is a fully-functional version of F/WIN
Anti-Virus that expires on a certain date. You may receive a
copy of this version only directly from Stefan Kurtzhals, or an
authorized F/WIN Anti-Virus distributor. The EVALUATION version
may NOT be copied or given to third parties without the written
permission of Stefan Kurtzhals or an authorized F/WIN Anti-Virus
distributor. You are not allowed to distribute the EVALUATION
version of F/WIN on BBSes or other online services.
I. FOR "SHAREWARE VERSION" OF F/WIN ANTI-VIRUS
=================================================================
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE")
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, PROMPTLY REMOVE THE SOFTWARE
TOGETHER WITH ALL COPIES FROM YOUR COMPUTER AND, FLOPPY
DISKETTES. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT. THE SOFTWARE
MAY BE EVALUATED FOR THIRTY DAYS ON A ROYALTY FREE BASIS.
CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY
USER OF THE REGISTRATION FEE SPECIFIED IN THE FILE ORDER.TXT.
The F/WIN Anti-Virus executable file (FWIN.EXE) and the
accompanying files are SHAREWARE. You are hereby granted a
license by Stefan Kurtzhals, owner and author of F/WIN Anti-Virus
to evaluate and distribute the SHAREWARE copy of the software
and its accompanying files, under the following conditions:
1. Using the F/WIN Anti-Virus means that you agree to all of
the conditions stated in this agreement.
2. Stefan Kurtzhals and authorized distributors of F/WIN Anti-
Virus can never be held responsible for damage, directly or
indirectly resulting from the use of the F/WIN Anti-Virus
product, or through following the instructions in the F/WIN
Anti-Virus documentation.
3. The SHAREWARE version package of the F/WIN Anti-Virus may
not be sold or licensed. Neither may a fee be charged for
its use. If a fee is charged in connection with the F/WIN
Anti-Virus utilities at all, it should only cover the cost
of copying or distribution. UNDER NO CIRCUMSTANCES should
payment of such fees be understood to constitute legal
ownership.
4. The F/WIN Anti-Virus shareware package must be presented in
its complete form. Distributing the program and its
accompanying files separately is strictly forbidden.
5. None of the files within the F/WIN Anti-Virus SHAREWARE
package may be modified or altered in any way.
6. By granting you the right to distribute the SHAREWARE copy
of the F/WIN Anti-Virus, you do not become the owner of the
product in any way.
7. The SHAREWARE version package of the F/WIN Anti-Virus may be
distributed freely without charge.
8. Stefan Kurtzhals and all authorized distributors of F/WIN
Anti-virus accept no responsibility in the event that F/WIN
malfunctions or does not function at all.
9. Any other use, distribution or representation of the F/WIN
Anti-Virus utilities is forbidden without the written
permission of Stefan Kurtzhals, author and owner of F/WIN
Anti-Virus.
10. You agree that you will not attempt to reverse compile,
modify, translate, or disassemble the F/WIN Anti-Virus
software in whole or in part.
11. If F/WIN Anti-Virus does not conform to the limited warranty
in the "DISCLAIMER OF WARRANTY AND LIMITED WARRANTY" section
below, Stefan Kurtzhals's and F/WIN's authorized
distributors's entire liability and your sole remedy shall
be, at Stefan Kurtzhals's option, either to (a) correct the
error or (b) help you work around or avoid the error. The
Limited Warranty is void if failure of the F/WIN Anti-Virus
has resulted from accident, abuse, or misapplication. Any
replacement software will be warranted for the remainder of
the original Limited Warranty period.
12. STEFAN KURTZHALS AND AUTHORIZED DISTRIBUTORS FOR F/WIN ANTI-
VIRUS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION
"DISCLAIMER OF WARRANTY AND LIMITED WARRANTY" BELOW, STEFAN
KURTZHALS AND AUTHORIZED DISTRIBUTORS OF F/WIN ANTI-VIRUS
DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE F/WIN
ANTI-VIRUS 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. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION.
13. 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.
14. IN NO EVENT SHALL STEFAN KURTZHALS, F/WIN'S AUTHORIZED
DEALERS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF
ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF
THE SOFTWARE, EVEN IF STEFAN KURTZHALS, F/WIN'S AUTHORIZED
DEALERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL STEFAN KURTZHALS, F/WIN'S
AUTHORIZED DEALERS OR ITS SUPPLIERS LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY,
EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
15. This license will be governed by the laws of the State of
Ohio as they are applied to agreements between Ohio
residents entered into and to be performed entirely within
Ohio. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
16. This is the entire agreement between you and Stefan
Kurtzhals, which supersedes any prior agreement or
understanding, whether written or oral, relating to the
subject matter of this license.
17. F/WIN Anti-Virus may not be bundled or included with any
hardware or software without the expressed written consent
of Stefan Kurtzhals, or an F/WIN Anti-Virus authorized
distributor.
18. User agrees to pay all legal costs for the plaintiff,
Stefan Kurtzhals, if litigation is undertaken to deal with
user's illegal distribution of F/WIN Anti-Virus software
and/or key file(s).
19. If the SHAREWARE version has been converted to a
fully-functional registered version through the purchase
of a key file (FWIN.KEY), it is forbidden to knowingly
give away for free, or to sell the FWIN.KEY file. Ownership
of all the executable and documentation files may be
TRANSFERRED in whole (but not in part) to another owner,
but the FWIN.KEY file may NOT be transferred to any third
party under any circumstances. User agrees to only
use a key file (FWIN.KEY) that was LEGALLY obtained.
"TRANSFERRED" means that the original legal owner gives
away, or sells all of the F/WIN Anti-Virus files (except
the FWIN.KEY file), and said owner no longer possesses
any copies of those files on any magnetic medium such as
diskettes, hard drives, backup tapes, or any other
storage medium.
II. FOR THE "EVALUATION VERSION" OF F/WIN ANTI-VIRUS
=================================================================
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE")
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, PROMPTLY REMOVE THE SOFTWARE
TOGETHER WITH ALL COPIES FROM YOUR COMPUTER AND, FLOPPY
DISKETTES. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT. THE SOFTWARE
MAY BE EVALUATED FOR THIRTY DAYS ON A ROYALTY FREE BASIS.
CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY
USER OF THE REGISTRATION FEE SPECIFIED IN THE FILE ORDER.TXT.
1. Stefan Kurtzhals and authorized distributors of F/WIN Anti-
Virus can never be held responsible for damage, directly or
indirectly resulting from the use of the F/WIN Anti-Virus
product, or through following the instructions in the F/WIN
Anti-Virus documentation.
2. The Evaluation version package of the F/WIN Anti-Virus may
not be sold or licensed. It may not be transferred to any
third party.
3. None of the files within the F/WIN Anti-Virus Evaluation
package may be modified or altered in any way.
4. Stefan Kurtzhals and all authorized distributors of F/WIN
Anti-virus accept no responsibility in the event that F/WIN
malfunctions or does not function at all.
5. Any other use, distribution or representation of the F/WIN
Anti-Virus Evaluation version is forbidden without the
written permission of Stefan Kurtzhals, author and owner of
F/WIN Anti-Virus.
6. You agree that you will not attempt to reverse compile,
modify, translate, or disassemble the F/WIN Anti-Virus
software in whole or in part.
7. If F/WIN Anti-Virus does not conform to the limited warranty
in the "DISCLAIMER OF WARRANTY AND LIMITED WARRANTY" section
below, Stefan Kurtzhals's and F/WIN's authorized
distributors's entire liability and your sole remedy shall
be, at Stefan Kurtzhals's option, either to (a) correct the
error or (b) help you work around or avoid the error. The
Limited Warranty is void if failure of the F/WIN Anti-Virus
has resulted from accident, abuse, or misapplication. Any
replacement software will be warranted for the remainder of
the original Limited Warranty period.
8. STEFAN KURTZHALS AND AUTHORIZED DISTRIBUTORS FOR F/WIN ANTI-
VIRUS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION
"DISCLAIMER OF WARRANTY AND LIMITED WARRANTY" BELOW, STEFAN
KURTZHALS AND AUTHORIZED DISTRIBUTORS OF F/WIN ANTI-VIRUS
DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE F/WIN
ANTI-VIRUS 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. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION.
9. 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.
10. IN NO EVENT SHALL STEFAN KURTZHALS, F/WIN'S AUTHORIZED
DEALERS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF
ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF
THE SOFTWARE, EVEN IF STEFAN KURTZHALS, F/WIN'S AUTHORIZED
DEALERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL STEFAN KURTZHALS, F/WIN'S
AUTHORIZED DEALERS OR ITS SUPPLIERS LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY,
EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
11. This license will be governed by the laws of the State of
Ohio as they are applied to agreements between Ohio
residents entered into and to be performed entirely within
Ohio. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
12. This is the entire agreement between you and Stefan
Kurtzhals, which supersedes any prior agreement or
understanding, whether written or oral, relating to the
subject matter of this license.
13. The EVALUATION version of F/WIN Anti-Virus may NOT be copied
or given to third parties without the written permission of
Stefan Kurtzhals or an authorized F/WIN Anti-Virus
distributor. You are not allowed to distribute the
EVALUATION version of F/WIN on BBSes or other online
services or to any other third party.
14. User agrees to pay all legal costs for the plaintiff,
Stefan Kurtzhals, if litigation is undertaken to deal with
user's illegal distribution of F/WIN Anti-Virus software or
key file(s).
15. It is forbidden to knowingly give away for free, or to sell
the FWIN.KEY file that accompanied your EVALUATION copy of
F/WIN Anti-Virus.
III. REGISTRATION
=================================================================
F/WIN is not free software! You may evaluate this product, but
if you decide to make use of it beyond the expiration date, you
must register your copy.
For more information on how to register F/WIN Anti-Virus, see the
enclosed ORDER.DOC file.
Registered users of F/WIN Anti-Virus enjoy the following extra
benefits:
1. The macro virus cleaning facility will be active for all
file names, not just NORMAL.DOT as is the case in the
SHAREWARE version.
2. The /PARANOID feature is activated, allowing for more in-
depth scans for Microsoft Word macro viruses.
3. The /REPORT= feature is activated, allowing the user to
generate reports to disk of what F/WIN finds during its
scan. This also allows for use of the /CLEANALL and
/WIPEALL features (they can't be used without /REPORT=).
4. While both registered and unregistered users of F/WIN will
receive customer support, registered users receive priority.
5. Future releases of F/WIN Anti-Virus may be downloaded from
various FTP and WWW sites on the internet. Registered users
will have immediate access to all the latest features and
enhancements.
By using a legal Registered Version of F/WIN Anti-Virus, user
agrees that it is forbidden to knowingly give away for free,
or to sell the FWIN.KEY file. Transfer of the FWIN.KEY file
to any third party is forbidden. Ownership of all the executable
and documentation files may be TRANSFERRED in whole (but not
in part) to another owner, but the FWIN.KEY file may NOT be
transferred to any third party under any circumstances. User
agrees to only use a key file (FWIN.KEY) that was LEGALLY
obtained. "TRANSFERRED" means that the original legal owner
gives away, or sells all of the F/WIN Anti-Virus files (except
the FWIN.KEY file), and said owner no longer possesses any
copies of those files on any magnetic medium such as diskettes,
hard drives, backup tapes, or any other storage medium.
THE REGISTRATION KEY FILE
=========================
Registered users receive a registration key file called
FWIN.KEY. The key file will contain important information
such as the license number and the name of the license owner.
The key file FWIN.KEY is NOT to be sold or transferred in any
way. The F/WIN Anti-Virus program searches for the key file
in the same directory where the program file itself resides.
If the key file is corrupt or invalid, the F/WIN Anti-Virus
will continue without producing an error message. However,
F/WIN Anti-Virus will then turn into the normal unregistered
SHAREWARE version.
Although you are allowed to use the SHAREWARE F/WIN Anti-Virus
product for a period of 30 days, it is ILLEGAL to use it in
combination with a key, produced without authorization of Stefan
Kurtzhals or an authorized F/WIN Anti-Virus distributor. It is
also ILLEGAL to use a key generated by any software not
distributed by Stefan Kurtzhals or an authorized F/WIN Anti-Virus
distributor.
The FWIN.KEY file you obtained with a paid order entitles the
user to legally download updates and use them with no time limits.
The payment for the registered version is a one-time charge that
will not have to be paid ever again for the DOS version of
F/WIN Anti-virus.
Stefan Kurtzhals reserves the right to modify F/WIN Anti-Virus,
without notice to users, to no longer use existing FWIN.KEY
files. In such cases, owners of F/WIN Anti-Virus would need to
specify the serial number of their existing FWIN.KEY file before
they would be issued a new FWIN.KEY file. A database will be
used to track FWIN.KEY file owners to help assure that only
owners of legal key files are given the new versions.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
===========================================
The author of F/WIN warrants that:
(a) the software will perform substantially in accordance with
the accompanying written materials and
(b) the software is properly recorded on the disk media. This
warranty extends for thirty (30) days) from the date of
purchase.
There is no warranty after expiration of the warranty period.
Neither Stefan Kurtzhals nor anyone else who has been involved in
the creation, production or delivery of the F/WIN Anti-Virus
product and its accompanying files grants any other warranties
with respect to the contents of the software, the written
materials and each specifically disclaims any implied warranties
of merchantability or fitness for any purpose.
Except as stated herein, in no event shall Stefan Kurtzhals or
his suppliers or authorized distributors be liable for any
damages whatsoever, whether direct, indirect, consequential, or
incidental damages (including damages for loss of business
profits, business interruption, loss of business information, or
other pecuniary loss, arising out of the use of or inability to
use such product even if Stefan Kurtzhals, his suppliers or
authorized distributors have been advised of the possibility of
such damages. Because some states do not allow the exclusion of
limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
Stefan Kurtzhals reserves the right to revise the software and
the written materials and to make changes from time to time in
the contents without obligation to notify any person.
COPYRIGHT
=========
All F/WIN Anti-Virus utilities are copyright 1996, Stefan
Kurtzhals. All rights reserved.
The F/WIN Anti-Virus package is protected by copyright law,
which applies to the computer software as well, except for that
you may make copies of the software solely for backup or archive
purposes and transfer the software to hard disk provided that the
software is used as specified herein.
Making copies of the REGISTERED version of F/WIN Anti-Virus
are also permitted for the purpose of distributing
legal copies of F/WIN Anti-Virus throughout user's organization.
For instance, if user ordered a just one diskette, but was
licensed to use F/WIN Anti-Virus on 50 PC's, up to 50 copies
could be made of the original for the purpose of distributing
the original software. Additionally, legally acquired update
diskettes may also be copied for this purpose.
Should you have any questions concerning this Agreement, please
e-mail or write to:
Stefan Kurtzhals
Doerrenberg 42
42899 Remscheid
Germany
E-Mail: kurtzhal@wrcs3.urz.uni-wuppertal.de
Computer Virus Solutions
C/O Gary Martin
P.O. Box. 30802
Gahanna, Ohio 43230
United States of America
Voice: (614) 337-0995
E-mail: FWIN_SUP@ix.netcom.com