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Night Owl's Shareware - PDSI-006 - Night Owl Corp (1990).iso
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READ.ME
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Text File
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1991-08-08
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7KB
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141 lines
International Business Machines Corporation Armonk, New York 10504
IBM Program License Agreement for the IBM Anti-Virus Product
BEFORE USING THE IBM ANTI-VIRUS PRODUCT (SCANNING PROGRAM) YOU SHOULD
CAREFULLY READ THIS AGREEMENT. YOU WILL INDICATE YOUR ACCEPTANCE OF
THIS AGREEMENT BY YOUR INITIAL USE OF THE SCANNING PROGRAM. IF YOU DO
NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY RETURN
THE UNUSED SCANNING PROGRAM AND ANY MONEY YOU HAVE PAID WILL BE REFUNDED.
1. INTRODUCTION Some individuals and groups, regrettably, are introducing
--------------- "virus" programs into computer systems in an attempt to
damage the systems. A number of firms in the computer industry are addressing
this challenge. IBM has developed the Scanning Program for its own internal
use to help detect the presence of some of these virus programs. Since you
may face some of the same problems, IBM is making the Scanning Program
available to assist you in addressing this industry problem.
You should note that the problem is an evolving one. As virus detection
programs are developed and made available, new virus programs may emerge
which seek to avoid detection. Your continued attention to appropriate
back-up procedures and physical security measures is essential.
Since the Scanning Program is itself a program, it is not immune to tampering.
To help prevent tampering, you should exercise great caution in controlling
the access, use and reproduction of the Scanning Program.
Because of the above considerations, IBM can only distribute the Scanning
Program on an "AS IS" basis. The terms of the "AS IS" license follow.
2. LICENSE This is a license agreement and not an agreement for sale.
---------- You obtain no rights other than the license granted you by
this Agreement. Title to the Scanning Program, and any copy made from
it, is retained by IBM. IBM licenses your use of the Scanning Program
in the United States and Puerto Rico.
You assume all responsibility for the selection of the Scanning Program
to achieve your intended results, the installation of and use of the
Scanning Program, and the taking of corrective action regarding computer
programs in which suspected virus "infection" is detected.
You may:
a) use a copy of the Scanning Program on one or more machines at a time;
b) make additional license copies of the Scanning Program for distribution
and use within your enterprise. YOU MAY NOT distribute copies of the
Scanning Program to any third party or over networks by means of
electronic "bulletin boards";
c) make copies of the Scanning Program for backup purposes only in support
of your use; and
You shall reproduce and include the copyright notices and any other legend
on all such copies of the Scanning Program.
You may not:
a) use, copy or distribute the Scanning Program except as provided in this
Agreement or as otherwise specified by IBM in writing;
b) modify, merge or transfer copies of the Scanning Program;
c) reverse assemble or reverse compile the Scanning Program; and/or
d) sub-license, rent, lease, or assign the Scanning Program or any copy of it.
3. DISCLAIMER OF WARRANTY IBM LICENSES THE SCANNING PROGRAM ON AN
------------------------- "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
IBM does not warrant that the Scanning Program or its documentation is
free from claims by a third party of copyright, patent or trademark
infringement or the like.
4. LIMITATION OF REMEDIES IBM's entire liability and your exclusive
------------------------- remedy shall be as set forth in this Section.
For any claim related to the subject matter of this Agreement, IBM's
liability for actual damages, regardless of the form of action, will
be limited to the money you paid to IBM for the license for the copy
of the Scanning Program that caused the damages or that is the subject
matter of, or is directly related to, the cause of action. This
limitation will not apply to claims for bodily injury or damages to
real or tangible personal property for which IBM is legally liable.
In no event will IBM be liable for any lost profits, lost savings, or
any incidental damages or other economic consequential damages, even
if IBM, an IBM Authorized Dealer or an IBM approved supplier has been
advised of the possibility of such damages, or for any damages claimed
by you based on any third party claim.
Some states do not allow the limitation or exclusion of incidental or
consequential damages so the above limitation or exclusion may not apply
to you.
5. GENERAL You understand that the Scanning Program detects only a
---------- limited number of computer viruses. The Scanning Program
is itself subject to computer viruses and other forms of tampering.
IBM does not guarantee that the Scanning Program's operation will be
uninterrupted or error free. IBM does not provide service or defect
correction for the Scanning Program.
If you have not already paid IBM for this product, you agree to send a
check to IBM at the following address:
IBM Corporation
PO Box 7247-0298, BO CW1
Philadelphia, PA 19170-0298
If you have received this product on prepackaged media from IBM or
an authorized IBM distribution agent, the amount owed is thirty-five
dollars.
If you have received this product electronically from IBM or on media
created for you by an IBM representative, the amount owed is as follows:
a) If you have not already paid IBM for this product or the prior version
of this product (IBM Virus Scanning Program), the amount owed is
thirty-five dollars for your original license.
b) If you have already paid IBM for an original license, the amount owed
is ten dollars. However, IBM waives charges for any additional license
copies made in accordance with the license provisions of Section 2.
You may terminate your license at any time by destroying all your copies
of the Scanning Program.
IBM may terminate your license if you fail to comply with the terms and
conditions of this Agreement. Upon such termination, you agree to destroy
all your copies of the Scanning Program.
You agree that you are responsible for payment of any taxes resulting
from this Agreement.
Neither party may bring an action, regardless of form, arising out of
this Agreement more than two years after the cause of action arose.
This Agreement will be construed under the Uniform Commercial Code of
the State of New York.