Night Owl 6/Night Owl's Shareware - PDSI-006 - Night Owl Corp (1990).iso/045a/arcd25.zip/LICENSE.DOC

Text File | 1990-06-25 | 9KB | 186 lines

            ARCDIAG License Agreement

            This License Agreement (Agreement) is between you (the
            Customer) and Olympic Software (OSC).  The Agreement pertains
            to the Olympic Software ARCDIAG program, including the
            source code (if provided), and modifications and/or
            recompilations of the source code (the Product), and the
            documentation. In exchange for the non-exclusive right to
            use the Product, the Customer agrees to the following terms.

            OWNERSHIP AND LIMITED LICENSE: The Product is owned by Olympic
            Software and is protected by applicable copyright laws and
            international treaty provisions.  The Customer is granted a
            non-exclusive license to use the Product on a single computer
            system (i.e., with a single CPU) or network node at a time.

            COPYING AND USE: The Customer may make backup copies of the
            Product, but may install and use the Product (including
            modifications and/or recompilations of the software) on only
            one computer or network node at a time.  This means that the
            Product may be used by any number of people and may be
            freely moved from one computer location to another, so long
            as there is no possibility of it being used at one location
            while it is being used at another.

            PRODUCT CODE AND DERIVATIVE WORKS: In exchange for the
            benefit from having access to the Product the Customer
            agrees to protect the copyright and other proprietary rights
            of ARCDIAG.  Such protection includes, but is not limited to,
            a) the Customer not disclosing the code (object and/or
            source) and the way it functions to any party not bound by
            this Agreement, b) the Customer not allowing any party not
            bound by this Agreement to copy or use the Product or
            documentation in violation of this Agreement and c) the
            Customer may not disclose, allow disclosure, transmit, or
            allow transmission, either directly or indirectly, of the
            source code to any third party without the prior written
            consent of OSC.  The Customer may modify and/or re-compile
            the Product source code solely for the Customer's use.  Such
            modified and/or re-compiled versions, regardless of the
            extent of the modifications or the compiler versions,
            operating systems, or computer systems used, are part of the
            same Product under this Agreement and shall remain the
            property of OSC subject to the same limitations upon
            transfer or use as the original Product.  Any
            modification of the Product source code resulting in an
            application or derivative work intended for distribution
            requires prior written permission from OSC and may require
            additional terms and fees.

            TRANSFER: The Customer may transfer this Agreement and
            Product along with all originals, any copies, and the
            documentation to another party provided that such party
            agrees in writing to be legally bound by these terms.  The
            Customer's rights shall terminate upon transfer and the



            Customer agrees to discontinue immediately the use of and
            destroy any and all retained copies of the Product upon
            transfer.  The software source code if provided under the
            license is not transferrable.

            LIMITED WARRANTY:  The physical diskette(s) and physical
            documentation are warranted to be free of defects in
            materials and workmanship for a period of sixty (60) days
            from the date of original purchase.  For the same period,
            the software is warranted against significant errors that
            make it unusable for the operating system and compiler
            version originally provided by OSC.  If the Customer
            notifies OSC within this 60 day period, OSC will replace
            any defective diskette and/or documentation.  OSC will
            attempt to correct or help the Customer to avoid errors in
            the software with efforts that OSC believes suitable to
            the problem, or at OSC's option, authorize a refund of the
            Customer's license fee.  OTHER THAN THE FOREGOING
            WARRANTIES, OSC MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
            AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES
            OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
            OSC FURTHER RESERVES THE RIGHT TO MAKE CHANGES TO
            THE SPECIFICATIONS OF THE PRODUCT WITHOUT OBLIGATION TO
            NOTIFY ANY PERSON OR ORGANIZATION OF SUCH CHANGES.

            LIMITATION OF LIABILITY:  The Customer's sole remedies are
            set forth in the warranty clause above.  OSC's liability
            for damages shall not exceed OSC's suggested retail price
            for the Product.  In no event will OSC be liable for any
            special, incidental or consequential damages even if OSC
            has been advised of the possibility of the same.

            SUPPORT:  Product support, updates, fixes, enhancements, if
            and as they become available, may be offered for a separate
            charge, but OSC has no obligation to provide any such
            support, updates, fixes, or enhancements to the Product.
            OSC may at its sole discretion provide or discontinue
            support to specific customers on separate terms determined
            solely by OSC.

            EXPORT:  The Customer agrees not to allow the Product or
            applications created using the Product to be sent to or used
            in any other country except in compliance with applicable
            U.S. laws and regulations.  If the Customer needs advice on
            such export laws and regulations, the Customer shall contact
            the U.S. Department of Commerce, Export Division,
            Washington, DC 20230, U.S.A. for clarification.

            LICENSE TERMINATION:  This Agreement shall terminate upon
            the transfer of the Product or upon breach of any term of
            this Agreement by the Customer.  The Customer shall cease
            use of the Product upon termination.  In the event that
            Customer has received source code for the Product, upon

            written request by OSC, Customer shall provide written
            certification by an officer of Customer that all copies of
            the source code have been returned or destroyed.

            GOVERNING LAW:  This Agreement shall be governed by the laws
            of the State of Michigan.  If any provision of this
            Agreement is found void, invalid, or unenforceable, it will
            not affect the validity of the balance of the Agreement,
            which shall remain valid and enforceable according to its
            terms.  In the event any remedy herein is determined to have
            failed of its essential purpose, all limitations of
            liability and exclusion of damages set forth herein shall
            remain in full force and effect. This agreement may be
            modified only in writing by the Customer and an authorized
            representative of OSC.  Reasonable attorneys' fees and
            court costs shall be awarded to the prevailing party in any
            action brought in connection with an alleged breach of the
            terms of this Agreement.

            U.S. GOVERNMENT RESTRICTED RIGHTS:  The software and
            documentation are provided with RESTRICTED RIGHTS.  Use,
            duplication, or disclosure by the Government is subject to
            restrictions as set forth in subparagraph (c)(1)(ii) of the
            Rights in Technical Data and Computer Software clause at
            52.227-7013.  Contractor/manufacturer is Olympic Software Co.

            ACCEPTANCE OF AGREEMENT:  The licensed use of the Product is
            expressly conditioned upon the Customer's acceptance of
            these terms.  The Customer may accept these terms only by
            signing and returning the Registration Form.  OSC's
            acceptance of these terms is represented by shipment of the
            Product.