home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Best of www.BestZips.com (Collector's Edition)
/
Best of WWW.BESTZIPS.COM Collector's Edition (JCSM Shareware) (JCS Marketing).ISO
/
fileutil
/
ff231.zip
/
LICENSE.DOC
< prev
next >
Wrap
Text File
|
1996-08-09
|
10KB
|
235 lines
********************************
* HERNE DATA SYSTEMS LTD. *
* *
* END USER LICENSE *
* *
* LICENSE.DOC *
* (version 96-08-09) *
********************************
This file provides details of the end user license for all Herne
Data Systems Ltd. shareware products. Distribution terms and
conditions are listed in the file VENDOR.DOC.
-------
>>>>>> GENERAL <<<<<<
-------
This Agreement represents the complete agreement concerning this
license and may amended only by a writing executed by both
parties. If any provision of this Agreement is held to be
unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This Agreement shall be
governed by Ontario and Canadian law.
NOTE:
----
If the copy of the Software you received was
accompanied by a printed or other form of "hard-copy"
End User License Agreement produced by Herne Data
Systems Ltd. whose terms vary from this Agreement, then
the hard-copy End User License Agreement governs your
use of the Software.
TITLE
-----
Title, ownership rights, and intellectual property rights in the
Software shall remain in Herne Data Systems Ltd. and/or its
suppliers. The Software is protected by the copyright laws and
treaties. Title and related rights in the content accessed
through the Software is the property of the applicable content
owner and may be protected by applicable law. This License gives
you no rights to such content.
TERMINATION
-----------
The license will terminate automatically if you fail to comply
with the limitations described herein. On termination, you must
destroy all copies of the Software and Documentation.
--------
>>>>>> WARRANTY <<<<<<
--------
Users of the Software must accept this disclaimer of warranty:
"The Software is supplied as is. Herne Data Systems
Ltd. disclaims all warranties, expressed or implied,
including, without limitation, the warranties of
merchantability and of fitness for any purpose. Herne
Data Systems Ltd. assumes no liability for damages,
direct or consequential, which may result from the use
of the Software. Further, Herne Data Systems assumes
no liability for losses caused by misuse or abuse of
the Software. This responsibility rests solely with
the end user."
HIGH RISK ACTIVITIES
--------------------
The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale in hazardous
environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the
Software could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities"). Herne
Data Systems Ltd. and its suppliers specifically disclaim any
express or implied warranty of fitness for High Risk
Activities.
----------------------
>>>>>> SCOPE OF LICENSE GRANT <<<<<<
----------------------
An individual user MAY:
1) Use the Software on any computer normally used by the
individual;
2) Copy the Software for archival purposes or to give to other
individual users for their evaluation, provided any copy
must contain all of the original Software's proprietary
notices. Evaluation copies given to other individual users
must be complete with all of the files distributed with the
original Software, as listed in the README.1ST text file.
Such copies must be given to the recipient at no cost,
except for a small nominal charge to recover the cost of the
distribution medium (eg, floppy disk).
3) Use the Software for an initial 30 day evaluation period
free of charge. If the individual continues to use the
software after the evaluation period, then the individual
must pay the registration fee or discontinue use of the
Software.
A Commercial, corporate or institutional user MUST:
1) Register and pay for their copies of Software within 30 days
of first use or their license is withdrawn.
A user MAY NOT:
1) Modify, translate, reverse engineer, decompile, disassemble,
or create derivative works based on the Software;
2) Rent, lease, grant a security interest in, or otherwise
transfer rights to the Software; or
3) Remove any proprietary notices or labels on the Software.
-------------
>>>>>> SITE LICENSES <<<<<<
-------------
When the Site License fee has been paid, the Commercial,
corporate or institutional user MAY:
1) Use the Software on any computer owned by the Corporation or
Institution located at the licensed site, or on any computer
owned by the Corporation or Institution and used by an
employee or agent normally based at the licensed site (eg. a
portable or laptop computer).
2) Use the Software on a network, provided that each person or
computer accessing the Software through the network comply
with condition 1 above;
3) Copy the Software for archival purposes, provided any copy
must contain all of the original Software's proprietary
notices.
---------------------------
>>>>>> U.S. GOVERNMENT INFORMATION <<<<<<
---------------------------
Use, duplication, or disclosure by the U.S. Government of the
computer software and documentation in any Herne Data Systems
Ltd. shareware product shall be subject to the restricted rights
applicable to commercial computer software as set forth in
subdivision (b)(3)(ii) of the Rights in Technical Data and
Computer Software clause at 252.227-7013 (DFARS 52.227-7013), and
in similar clauses in the NASA FAR supplement.
The contractor/manufacturer is: Herne Data Systems Ltd. PO Box
250, Tiverton, ON N0G 2T0, CANADA.
------------
>>>>>> CONTACT INFO <<<<<<
------------
Our mailing address is:
Herne Data Systems Ltd.
PO Box 250
Tiverton, ON N0G 2T0
CANADA
Tel: Voice/FAX (519) 366-2732
e-mail: hernedata@mail.bmts.com, or 72060.1153@compuserve.com
WWW: http://ourworld.compuserve.com/homepages/herne_data
-------------
>>>>>> ASP OMBUDSMAN <<<<<<
-------------
_______
____|__ | (R)
--| | |-------------------
| ____|__ | Association of
| | |_| Shareware
|__| o | Professionals
-----| | |---------------------
|___|___| MEMBER
This program is produced by a member of the Association of
Shareware Professionals (ASP). ASP wants to make sure that the
shareware principle works for you. If you are unable to resolve
a shareware-related problem with an ASP member by contacting the
member directly, ASP may be able to help. The ASP Ombudsman can
help you resolve a dispute or problem with an ASP member, but
does not provide technical support for members' products. Please
write to the ASP Ombudsman at: 545 Grover Road, Muskegon, MI
49442 USA or send a Compuserve message via easyplex to ASP
Ombudsman 70007,3536
DEFINITION OF SHAREWARE
-----------------------
Shareware distribution gives users a chance to try software
before buying it. If you try a Shareware program and continue
using it after a reasonable evaluation period, you are expected
to register. Individual programs differ on details -- some
request registration while others require it, some specify a
maximum trial period. With registration, you get anything from
the simple right to continue using the software to an updated
program with printed manual.
Copyright laws apply to both Shareware and commercial software,
and the copyright holder retains all rights, with a few specific
exceptions as stated below. Shareware authors are accomplished
programmers, just like commercial authors, and the programs are
of comparable quality. (In both cases, there are good programs
and bad ones!) The main difference is in the method of
distribution. The author specifically grants the right to copy
and distribute the software, either to all and sundry or to a
specific group. For example, some authors require written
permission before a commercial disk vendor may copy their
Shareware.
Shareware is a distribution method, not a type of software. You
should find software that suits your needs and pocketbook,
whether it's commercial or Shareware. The Shareware system makes
fitting your needs easier, because you can try before you buy.
And because the overhead is low, prices are low also. Shareware
has the ultimate money-back guarantee -- if you don't use the
product, you don't pay for it.