Quartus Forth Manual

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Quartus Forth License Agreement and Limited Warranty

IMPORTANT: Read Before Using the Accompanying Software.

QUARTUS FORTH SOFTWARE DEVELOPMENT ENVIRONMENT SOFTWARE LICENSE AGREEMENT

CAREFULLY READ THE FOLLOWING CONDITIONS AND TERMS OF THIS AGREEMENT BEFORE USING THE ACCOMPANYING SOFTWARE, THE USE OF WHICH IS LICENSED FOR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE CONDITIONS AND TERMS OF THIS AGREEMENT, DO NOT USE THE ACCOMPANYING SOFTWARE. USING ANY PART OF THE ACCOMPANYING SOFTWARE INDICATES THAT YOU ACCEPT THESE CONDITIONS AND TERMS.

Neal Bridges (the "Developer"), 65 Scadding Avenue #809, Toronto, Ontario, Canada, M5A 4L1 and the user of Quartus Forth (the "Licensee"), hereby agree as follows:

EVALUATION: The Developer grants to the Licensee a non-exclusive royalty-free license to use the "evaluation" version of the Quartus Forth software free of charge for an unlimited time for the purpose of evaluation for suitability to purchase a registered copy of the Quartus Forth software. All other terms and restrictions set forth in this license agreement are to remain in effect.

LICENSE: The Developer grants to the Licensee purchasing the registered Quartus Forth software (the "Software") a non-exclusive, royalty-free, nontransferable license to use the Software and its documentation in accordance with the terms and conditions of this License Agreement on any Palm Computing® platform product and/or any personal computer, provided that the Software is used only in connection with the development of products by the Licensee for use with the Palm Computing® platform products. This license provides for the use of the Software by a single individual only. Each individual who desires to use the Software must purchase a registered copy.

Except as explicitly set forth below, (i) no license is granted to any rights to copyrights, patents, trademarks, trade secrets, or any other rights in respect to the Software; (ii) no license is granted to the human-readable code of the Software (source code).

The Developer retains title, all rights, interest, and ownership of, in and to the Software and accompanying documentation. The Software and its documentation are owned by the Developer, are protected by Canadian copyright laws and international treaty provisions, and may also be protected by other laws.

The Software contains certain sample source code in the form of library code, example applications and code fragments (both in the source code files and documentation provided hereunder), and may include tutorial applications (collectively, "Sample Source Code"). The Licensee may use the Sample Source Code internally to develop products for Palm Computing® platform products. The Licensee may distribute any such products built with the Sample Source Code, provided that the following copyright notice is included within the source code and in the location of any such product’s copyright notice: "Portions copyright © 1998 Neal Bridges. All rights reserved."

The Developer grants the Licensee the right to develop and distribute products created using the facilities provided by the Software. Such products may be distributed on a royalty-free basis.

The Developer may furnish the Software to the Licensee electronically or on media in machine-readable object code form.

LICENSE RESTRICTIONS: Modification, decompilation, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. Any information obtained during such unlawful reverse engineering and/or decompilation activities, including but not limited to the logic, organization, algorithms and processes of the Software, shall be deemed confidential and proprietary information of the Developer.

Except as explicitly set forth in this License Agreement, the Licensee is not permitted to rent, lease, network, distribute, sublicense, loan, or create derivative works based upon the Software or its documentation in whole or in part, or to use the Software in a time-sharing arrangement or in any other unauthorized manner, unless with the written permission of the Developer.

The Licensee is not permitted to transfer or assign the Software or the rights under this license, without prior written permission of the Developer.

This License Agreement does not grant the Licensee any right to receive enhancements or updates to the Software or accompanying documentation. Updates and enhancements, if available, may be obtained by the Licensee at the Developer’s then-current standard pricing, terms, and conditions. Title, ownership rights, and intellectual property rights to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This License Agreement gives the Licensee no rights to such content.

TECHNICAL SUPPORT: For individual Licensees for a period of sixty (60) days from the date of purchase, ONLY LICENSED PURCHASERS OF THE FULL REGISTERED QUARTUS FORTH SOFTWARE PRODUCT will have access to technical support via electronic mail. Upgrades to the Software and its documentation, if any, are not included and may be sold separately.

LIMITED WARRANTY: If the Developer provides the Software on diskettes, he warrants the Software diskettes for a period of sixty (60) days from the date of original purchase from the Developer or an authorized retailer. To obtain warranty service, proof of date of purchase will be required. Any updates to the Software provided by the Developer (which may be provided at the Developer’s sole discretion) shall be governed by the terms of the License Agreement. The Developer’s entire liability and Licensee’s exclusive remedy will be limited to the replacement of the defective diskettes upon return to the place of purchase within the warranty period. The Developer will not be responsible for replacement of any diskette damaged by accident, abuse, or misapplication.

The Developer makes no warranty or representation that the Software will meet the Licensee’s requirements or that it will work in combination with any hardware or software products provided by third parties, or that the operation of the Software will be uninterrupted or error free, or that all defects in the Software will be corrected.

WARRANTIES EXCLUSIVE: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FORGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY. THE DEVELOPER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF HIS PRODUCTS.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW THE DEVELOPER ALSO EXCLUDES FOR HIMSELF AND HIS RESELLERS ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OF ANY KIND OR FOR ANY REASON, OR FOR COMMERCIAL LOSSES OF ANY KIND, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, SALE, MAINTENANCE, INSTALLATION, FAILURE, PERFORMANCE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF THE DEVELOPER OR HIS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES, AND LIMITS HIS LIABILITY TO THE LICENSEE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) TO REPLACEMENT OF THE SOFTWARE ON NEW MEDIA, OR REFUND OF THE PURCHASE PRICE PAID, AT THE SOLE OPTION OF THE DEVELOPER. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.

SEVERABILITY: In the event any provision of this License Agreement is found to be unenforceable for any reason, the provision will be reformed only to the extent necessary to make it enforceable, and enforceability of the remaining provisions shall not in any way be affected or impaired.

TERM AND TERMINATION: This License Agreement is effective until terminated. The Licensee may terminate it any time by destroying the Software and documentation together with all copies. This License Agreement will also terminate immediately in the event of the Licensee’s non-compliance with any condition or term of this License Agreement. Upon such termination, the Licensee must promptly destroy the Software and its documentation.

ENTIRE AGREEMENT: This License Agreement represents the entire understanding and agreement between the parties and supersedes all prior agreements or representations, whether written or oral, and may be amended only in a writing signed by both parties.

Neal Bridges
Toronto, CANADA
e-mail: nbridges@interlog.com
http://www.interlog.com/~nbridges/


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© 1998, 1999 Neal Bridges. All rights reserved.