Cream of the Crop 11/Cream of the Crop 11-2.iso/extra_2/eidev14b.zip/LICENSE.DTC

Text File | 1994-10-20 | 7KB | 130 lines

DTC DATA TECHNOLOGY CORPORATION LICENSE AGREEMENT

   This legal document is an agreement between you, the end user, and
DTC Data Technology Corporation (hereinafter referred to as "DTC"). BY
USING ANY OF THE DTC PRODUCT, YOU ARE AGREEING TO BECOME BOUND BY THE
TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE, SOFTWARE
DISCLAIMER OF WARRANTY, AND HARDWARE LIMITED WARRANTY (collectively the
"agreement").
   THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND
DTC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE
DTC PRODUCT. PROMPTLY RETURN THE DISKETTE AND THE OTHER ITEMS (INCLUDING
WRITTEN MATERIALS, BINDERS OR OTHER CONTAINERS, AND HARDWARE, IF ANY)
THAT ARE PART OF THIS PRODUCT TO THE PLACE WHERE YOU OBTAINED THEM FOR A
FULL REFUND.


DTC SOFTWARE LICENSE

   1. GRANT OF LICENSE. in consideration of payment of the LICENSE fee,
which is part of the price you paid for this product, DTC, as licensor,
grants to you, the LICENSEE, a nonexclusive right to use and display
this copy of a DTC software program (hereinafter the "SOFTWARE") on all
your network computers. DTC reserves all rights not expressly granted
to LICENSEE.
   2. OWNERSHIP OF SOFTWARE. As the LICENSEE, you own the magnetic or
other physical media on which the SOFTWARE is originally or subsequently
recorded or fixed, but DTC retains title and ownership of the software
recorded on the original disk copy(ies) and all subsequent copies of the
SOFTWARE, regardless of the form or media in or on which the original
and other copies may exist. This license is not a sale of the original
SOFTWARE or any copy.
   3. COPY RESTRICTIONS. This SOFTWARE and the accompanying written
materials are copyrighted. Unauthorized coping of the SOFTWARE,
including SOFTWARE that has been modified, merged, or included with
other software, or of the written materials is expressly forbidden. You
may be held legally responsible for any copyright infringement that is
caused or encouraged by your failure to abide by the terms of this
license. Subject to these restrictions, and if the SOFTWARE is not
copy-protected, you may make one (1) copy of the SOFTWARE solely for
backup purposes. You must reproduce and include the copyright notice on
the backup copy.
   4. USE RESTRICTIONS. As the LICENSEE, you may not modify, adapt,
translate, reverse engineer, decompile, disassemble, or create
derivative works based on the SOFTWARE. You may not modify, adapt,
translate, or create derivative works based on the written materials
without the prior written consent of DTC.
   5. TRANSFER RESTRICTIONS. This SOFTWARE is licensed only to you, the
LICENSEE, and may not be transferred to anyone without the prior written
consent of DTC. Any authorized transferee of the SOFTWARE shall be
bound by the terms and conditions of this agreement. In no event may
you transfer, assign, rent, lease, sell, or otherwise dispose of the
SOFTWARE on a temporary or permanent basis except as expressly provided
herein.
   6. TERMINATION. This license is effective until terminated. This
license will terminate automatically without notice from DTC if you fail
to comply with any provision of this license. Upon termination you
shall destroy the written materials and all copies of the SOFTWARE,
including modified copies, if any.
   7. MISCELLANEOUS. This Agreement is governed by the laws of the State
of California.


DISCLAIMER OF WARRANTY AND LIMITED WARRANTY

THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS
FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER,
DTC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE
SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT DTC OR ITS
DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
   DTC warrants to the original LICENSEE that (a) the disk(s) on which
the SOFTWARE is recorded is free from defects in materials and workman-
ship under normal use and service for a period of ninety (90) days from
the date of delivery as evidenced by a copy of the receipt and (b) the
hardware accompanying the SOFTWARE is free from defects in materials and
workmanship under normal use and service for a period of one (1) year
from the date of delivery as evidenced by a copy of the receipt.
Further DTC hereby limits the duration of any implied warranty(ies) on
the disk or such hardware to the respective periods stated above. Some
states do not allow limitations on duration of an implied warranty, so
the above limitation may not apply to you.
   DTC's entire liability and your exclusive remedy as to the disk(s) or
hardware shall be, at DTC's option, either (a) return of the purchase
price or (b) replacement of the disk or hardware that does not meet
DTC's Limited Warranty and which is returned to DTC with a copy of the
receipt. If failure of the disk or hardware has resulted from accident,
abuse, or misapplication, DTC shall have no responsibility to replace
the disk or hardware or refund the purchase price. Any replacement disk
or hardware will be warranted for the remainder of the original warranty
period or thirty (30) days, whichever is longer.
   THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY
DTC ON THIS DTC PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY DTC, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY
NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE
TO STATE.
   NEITHER DTC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE SUCH PRODUCT EVEN IF DTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
   The Disclaimer of Warranty and Limited Warranty is governed by the
laws of the State of California.


U. S. GOVERNMENT RESTRICTED RIGHTS

   The SOFTWARE and documentation is provided with RESTRICTED RIGHTS.
Use, duplications, or disclosure by the Government is subject to
restrictions as sent forth in subdivision [b] [3] [ii] of the Rights in
Technical Data and Computer Software clause of 252.227-7013.
Contractor/manufacturer is DTC Data Technology Corporation,
1515 Centre Pointe Drive, Milpitas, CA 95035.

Should you have any questions concerning this Agreement, or if you
desire to contact DTC for any reason, please contact DTC Sales and
Service, 1515 Centre Pointe Drive, Milpitas, CA 95035.