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LICENSE.DOC
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1991-01-23
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SoftC Database Library License Agreement
This is a legal agreement between you, the end user, and
SoftC, Ltd. By signing and returning the order form to
SoftC, Ltd., you are agreeing to be bound by the terms of
this agreement.
Ownership and Limited License. The SoftC Database Library
object and source code (the "PRODUCT") is owned by SoftC and
is protected by United States copyright laws and
international treaty provisions. The PRODUCT is licensed
GTDA. You are 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. You are granted the right to make backup
copies of the PRODUCT, but may install and use the PRODUCT
(including modifications and/or recompilations of the
PRODUCT source, if supplied) 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. You may not copy the written
materials accompanying the PRODUCT.
Derivative Works. You may modify and/or re-compile the
PRODUCT source (if supplied) solely for your 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 SoftC subject to the same limitations upon
transfer or use as the original PRODUCT. You may distribute
binary copies of such routines when linked into your
executable programs without additional licenses or fees.
You are responsible for all claims, liability, and damages
arising from your modifications and the products which
include them.
Other Restrictions. You may not disclose nor allow
disclosure of PRODUCT to any one not bound by this
agreement. You may not remove or modify SoftC's copyright
and other proprietary copyright notices. You may not
reverse engineer, decompile, or disassemble the PRODUCT
object code. You may transfer the PRODUCT and documentation
on a permanent basis provided you retain no copies and the
recipient agrees to the terms of this Agreement. If PRODUCT
is an update, any transfer must include the update and all
prior versions.
Royalties. You have a royalty-free right to reproduce and
distribute executable files created using the PRODUCT.
Support. Product support, updates, fixes, enhancements, if
and as they become available, may be offered for a separate
charge, but SoftC has no obligation to provide any such
support, updates, fixes, or enhancements to the PRODUCT.
SoftC may at its sole discretion provide or discontinue
support to specific customers on separate terms determined
solely by SoftC.
Limited Warranty
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 PRODUCT is warranted against significant errors that
make it unusable for the operating system and compiler
version originally provided by SoftC. If you notify SoftC
within this 60 day period, SoftC will replace any defective
diskette and/or documentation. SoftC will attempt to
correct or help you to avoid errors in the PRODUCT with
efforts that SoftC believes suitable to the problem, or at
SoftC's option, authorize a refund of your purchase price.
OTHER THAN THE FOREGOING WARRANTIES, SOFTC, LTD. MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. SOFTC, LTD. 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. Your sole remedies are set forth
in the warranty clause above. SoftC's liability for damages
shall not exceed SoftC's suggested retail price for the
PRODUCT. In no event will SoftC be liable for any special,
incidental or consequential damages even if SoftC has been
advised of the possibility of the same.
U.S. Government Rights
The PRODUCT and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government
is subject to restriction 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
SoftC, Ltd./16820 Third Street NE/Ham Lake, MN 55304-4703.
Governing Law
This Agreement shall be governed by the laws of the State of
Minnesota. 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 only be modified in
writing signed by you and an authorized representative of
SoftC.
SoftC, Ltd.
16820 Third Street N.E., Ham Lake, MN 55304-4703 U.S.A.
Telephone/Fax (612) 434-6968