Complete Internet Archive/Complete Internet Archive.iso/Log Analyser/kiwt_kit.exe/_SETUP.LIB/LICENSE.txt

Text File | 1996-11-08 | 8KB | 172 lines

SOFTWARE LICENSE

ATTENTION:  PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACQUIRING A KEY FOR THIS
PRODUCT.  THE INDIVIDUAL OR ENTITY
ACQUIRING A KEY FOR THIS PACKAGE (THE "END
USER") AGREES TO BE BOUND BY THE TERMS OF
THIS LICENSE.  IF YOU HAVE DOWNLOADED OR
OTHERWISE ACQUIRED THIS PACKAGE AND DO
NOT AGREE TO THE TERMS OF THIS LICENSE, DO
NOT ACQUIRE A KEY FOR THE SOFTWARE AND
PROMPTLY DELETE THE PACKAGE.

The associated computer program(s) and the accompanying
documentation are provided to the End-User by Know-It, a
Texas Partnership ("Licensor") for use only under the
following terms.  Licensor reserves any right not expressly
granted to the End-user.  The Licensor retains ownership of
all copies of the Software itself.  The End-User assumes
sole responsibility for the installation, use and results
obtained from use of the Software.

1.  License.
End-User is granted a limited, non-exclusive license to do
only the following:
A.  Install and maintain the Software on one computer at
any time for use only in the End-User's own business or
personal use.

B.  Make one copy in machine-readable form solely for
backup or archival purposes for the computer which the
Software is installed.  The Software is protected by
copyright law.  As an express condition of this License, the
End-User must reproduce on the copy Licensor's copyright
notice and any other proprietary legends on the original
copy supplied by Licensor.

C.  Transfer the Software and all rights under this License
to another party together with a copy of this License and all
written materials accompanying the Software, provided the
other party reads and agrees to accept the terms and
conditions of this License.

2.  Restrictions.
The End-User may NOT sublicense, assign, or distribute
copies of the Software to others.  The Software contains
trade secrets.  The End-User may NOT decompile, reverse
engineer, disassemble, or otherwise reduce the Software to
a human readable form.  THE END-USER MAY NOT
MODIFY, ADAPT, TRANSLATE, RENT, LEASE,
LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR
OTHERWISE ASSIGN OR TRANSFER THE
SOFTWARE, OR CREATE DERIVATIVE WORKS
BASED UPON THE SOFTWARE OR ANY PART
THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN
SECTION 1.C. ABOVE.

3.  Protection and Security.
The End-User agrees to use its best efforts and to take all
reasonable steps to safeguard the Software to ensure that no
unauthorized person shall have access thereto and that no
unauthorized copy, publication, disclosure or distribution in
whole or in part, in any form, shall be made.  The End-User
acknowledges that the Software contains valuable
confidential information and trade secrets and that
unauthorized use and/or copying are harmful to Licensor.

4.  Termination.
This License is effective until terminated.  This License will
terminate immediately without notice from Licensor if the
End User fails to comply with any of its provisions.  Upon
termination the End User must destroy the Software and all
copies thereof, and the End-User may terminate this License
at any time by doing so.

5.  Limited Warranty.
Licensor warrants that, for ninety (90) days from the date of
initial use by the original End User, the Software shall
operate substantially in accordance with the published
functional specifications current at the time of shipment.  If,
during the warranty period, a defect appears, End User shall
return the Software to Licensor and Licensor's only
obligation shall be, at Licensor's election, to replace the
defective Software or refund the purchase price.  The End-
User agrees that the foregoing constitutes the End-User's
sole and exclusive remedy for breach by Licensor under any
warranties made under this Agreement.  This warranty does
not cover any Software that has been altered or changed in
any way by anyone other than Licensor.  Licensor is not
responsible for problems associated with or caused by
incompatible operating systems or equipment, or for
problems in the interaction of the Software with software
not furnished by Licensor.

No oral or written information or advice given by Licensor
or its dealers, distributors, employees or agents shall in any
way extend, modify or add to the foregoing warranty.

THE WARRANTY AND REMEDY PROVIDED ABOVE
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.  THE END-USER ASSUMES
ALL RISK AS TO THE SUITABILITY, QUALITY, AND
PERFORMANCE OF THE SOFTWARE.  IN NO EVENT
WILL LICENSOR, OR ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AFFILIATES, BE LIABLE TO THE
END-USER FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY
DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF DATA OR BUSINESS INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE OR
ACCOMPANYING WRITTEN MATERIALS, EVEN IF
LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

LICENSOR'S LIABILITY TO THE END-USER (IF
ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, WILL BE LIMITED TO, AND
IN NO EVENT SHALL EXCEED, THE AMOUNT
ORIGINALLY PAID TO LICENSOR FOR THE
LICENSE OF THE SOFTWARE.

6.  Enhancements.
From time to time Licensor may, in its sole discretion,
advise the End-User of updates, upgrades, enhancements or
improvements to the Software and/or new releases of the
Software (collectively, "Enhancements"), and may license
the End-User to use such Enhancements upon payment of
prices as may be established by Licensor.  All such
Enhancements to the Software provided to the End-User
shall also be governed by the terms of this License.  IN
ORDER FOR THE END-USER TO BE ASSURED THAT
IT WILL BE ADVISED OF AND LICENSED TO USE
ANY ENHANCEMENTS TO THE SOFTWARE, THE
END-USER MUST COMPLETE THE APPLICATION
FOR A KEY FOR THIS SOFTWARE.

7.  General.
This License will be governed by and construed in
accordance with the laws of the Texas, and shall inure to the
benefit of Licensor and End-User and their successors,
assigns and legal representatives.  If any provision of this
License is held by a court of competent jurisdiction to be
invalid or unenforceable to any extent under applicable law,
that provision will be enforced to the maximum extent
permissible, and the remaining provisions of this License
will remain in full force and effect.  Any notices or other
communications to be sent to Licensor must be mailed first
class, postage prepaid, to the following address: Know-It,
1901 Diamond Cluster, Carrollton, TX 75010.

This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof, and all
prior proposals, agreements, representations, statements and
undertakings are hereby expressly cancelled and superseded.
This Agreement may not be changed or amended except by
a written instrument executed by a duly authorized officer
of Licensor.

8.  Acknowledgment.
BY ACQUIRING A KEY TO THIS PACKAGE, THE
END-USER ACKNOWLEDGES THAT IT HAS READ
THIS LICENSE, UNDERSTANDS IT, AND AGREES
TO BE BOUND BY ITS TERMS AND CONDITIONS.
Should you have any questions concerning this License,
contact Licensor at the address set forth above.