home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Libris Britannia 4
/
science library(b).zip
/
science library(b)
/
ELECTRON
/
3634.ZIP
/
PWR100.ZIP
/
LICENSE.DOC
< prev
next >
Wrap
Text File
|
1992-10-11
|
22KB
|
512 lines
┌╦═══╦┐ ┌╦═══╦┐ ┌╦ ╦┐ ┌╔═══╦┐ ┌╦═══╦┐
│╠═══╩┘ │║ ║│ │║╔╩╗║│ ├╬═══ │╠══╦╩┘
└╩ └╩═══╩┘ └╩╝ ╚╩┘ └╩═══╩┘ └╩ ╚═┘
Version 1.0
Date October 8, 1992
Copyright 1991-1992 Michael D. O'Connor
All Rights Reserved
┌─────────┐
┌─────┴───┐ │ (R)
──│ │o │──────────────────
│ ┌─────┴╨──┐ │ Association of
│ │ │─┘ Shareware
└───│ o │ Professionals
──────│ ║ │────────────────────
└────╨────┘ MEMBER
┌──────────────────┐
│ FILE LICENSE.DOC │
└──────────────────┘
Trial-Use and Limited Distribution License
──────────────────────────────────────────
and
Personal or Site Software License
─────────────────────────────────
This file, LICENSE.DOC, contains software licenses for both the
evaluation (trial) and registered (licensed) uses of Power. These
licenses apply to both individual users and sites (corporations or
organizations) who wish to distribute copies to others. For
additional usage information, see the README.1ST file contained in
the archive.
SHAREWARE EVALUATION INFORMATION
────────────────────────────────
A TRIAL USE LICENSE appears below, with the terms for use of Power
during the 30-day evaluation period.
A LIMITED DISTRIBUTION LICENSE also appears, which governs
reproduction and distribution of Power in its Shareware form.
REGISTERED USER INFORMATION
───────────────────────────
At the end of this file, the PERSONAL OR SITE SOFTWARE LICENSE
applies to all registered (licensed) users of Power.
If you wish a signed copy of the license, file it out and send it to
me with your order. If you don't want a signed copy of the license,
you are still bound by its terms and conditions.
┌───────────────────────────────────────────────────────────────┐
│ Please! Show your support for shareware by registering the │
│ programs you actually use. My ability to enhance Power │
│ depends upon and needs your support. Thank you! │
└───────────────────────────────────────────────────────────────┘
===================================================================
TO DISTRIBUTE OR TO EVALUATE THE SHAREWARE VERSION OF POWER ON A
TRIAL BASIS, SEE THE TRIAL USE AND LIMITED DISTRIBUTION LICENSE
FOLLOWING THIS PAGE.
===================================================================
POWER Version 1.0
TRIAL USE AND LIMITED DISTRIBUTION LICENSE
──────────────────────────────────────────
1.0 COPYRIGHT. Power is NOT a public domain program. It is
Copyright 1991 by Michael D. O'Connor. The proprietary
computer program called Power ("SOFTWARE") and documentation
are protected by United States Copyright law and by
International Treaty provisions. Evaluation and distribution
of this SOFTWARE must comply with Copyright law and the terms
of this TRIAL USE AND LIMITED DISTRIBUTION LICENSE.
2.0 TRIAL USE. I (LICENSOR) hereby grant you (LICENSEE) a limited
LICENSE to use this SOFTWARE and its documentation for
evaluation purposes for a period not to exceed thirty (30)
days. If you use this SOFTWARE and documentation after this
period, you are required to make a registration payment to
LICENSOR.
2.1 TIME LIMIT ON TRIAL USE. Using this SOFTWARE and documentation
after the 30 day evaluation period, without registering the
SOFTWARE, is a violation of the terms of this limited LICENSE,
and a violation of copyright.
2.2 OTHER LIMITATIONS ON TRIAL USE. LICENSEE shall not use, copy,
rent, lease, sell, modify, decompile, disassemble, otherwise
reverse engineer, or transfer the licensed SOFTWARE except as
provided in this AGREEMENT. Any unauthorized use shall result
in immediate and automatic termination of this LICENSE.
3.0 LIMITED DISTRIBUTION. As the copyright holder for Power, I
authorize individuals, BBS SysOps, User Groups and ASP Disk
Vendors to distribute the Power executable program according to
the following restrictions. I DO NOT authorize anyone to
distribute the source code to Power, which is not available.
Vendors and Distributors who are not members of the ASP, and
who sell shareware evaluation copies for profit, must refer to
the VENDOR.DOC file for procedures to obtain distribution
permission.
3.1 INDIVIDUAL EVALUATION. Individuals may copy Power for their
own evaluation purposes, or for other individuals to evaluate,
subject to the following conditions.
3.2 PRODUCT DEFINITION AND INTEGRITY. Power is defined as
containing EXACTLY the material listed in the PACKING.LST file,
and must be distributed as a complete package, without
modification of any kind. If any listed files including the
PACKING.LST file itself are missing or extra, then the package
is defective and distribution is forbidden--please contact me
to obtain a complete package suitable for distribution.
3.3 DISTRIBUTION COST LIMIT. No price or other compensation may be
charged for Power. A distribution cost may be charged for the
cost of the diskette, shipping and handling, as long as the
total (per disk) does not exceed US $8.00 in the United States
and Canada, or US $12.00 internationally. A nominal
distribution fee (for example: reimbursement for connect and
communication charges), may be charged by for-pay BBS systems
such as CompuServe.
3.4 PRODUCT PRESENTATION. Power CANNOT be sold as part of some
other inclusive package, nor can it be included in any
commercial SOFTWARE packaging offer, without a written
AGREEMENT from me. Power cannot be "rented" or "leased" to
others.
3.5 USER AWARENESS OF RESPONSIBILITY. Anyone to whom you give a
copy of Power MUST be made aware of: (1) each disk or copy is
ONLY for evaluation, and (2) he or she does not become a
registered (licensed) user until I receive payment for the
SOFTWARE. These requirements can be met by distributing the
complete Power package precisely as defined by the file
PACKING.LST.
3.6 CURRENT VERSION OF PRODUCT. I prohibit the distribution of
outdated versions of the Power package. If the version you
have is older than twelve (12) months old, please contact me to
ensure you have the most current version. This version's date
and number are shown at the top of this file.
3.7 U.S. GOVERNMENT INFORMATION: Use, duplication, or disclosure
by the U.S. Government of the computer SOFTWARE and
documentation in this package 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). The contractor/manufacturer is:
Michael D. O'Connor
President, Byte O'Software
P.O. BOX 283
Sterling, VA 20167
U.S.A.
4.0 All rights not expressly granted herein are reserved to me.
===================================================================
FOR SINGLE SYSTEM AND SITE LICENSE REGISTERED USERS:
WHEN YOU REGISTER POWER, YOU ARE BOUND BY THE TERMS AND CONDITIONS
OF THE PERSONAL OR SITE LICENSE AGREEMENT ON THE FOLLOWING PAGES.
IF YOU WOULD LIKE A SIGNED COPY OF THE AGREEMENT, FILL OUT THE
AGREEMENT AND SEND IT TO ME, AND I WILL SIGN IT AND RETURN IT TO YOU
FOR YOUR FILES.
===================================================================
POWER Version 1.0
PERSONAL or SITE SOFTWARE LICENSE AGREEMENT
───────────────────────────────────────────
This AGREEMENT is entered into this _____ day of _______, _____, by
and between Michael D. O'Connor, an individual, P.O. BOX 283,
Sterling, VA 20167, USA, hereinafter referred to as LICENSOR, and
___________________________________________________________________,
located at _________________________________________________________
hereinafter referred to as LICENSEE. LICENSOR and LICENSEE agree
to:
1.0 LICENSE TO USE LICENSOR'S PROGRAM
──────────────────────────────────────
1.1 LICENSE GRANT. LICENSOR, for the PAYMENT named, hereby grants
to LICENSEE a non-exclusive LICENSE to use the proprietary
computer program called Power ("SOFTWARE").
"Use" means copying of any portion of the licensed object code
program from a storage unit or media into the designated
equipment, execution of the licensed SOFTWARE on the equipment,
and archiving the SOFTWARE for backup purposes. Source code is
not included in this LICENSE.
/ circle one \
1.2 PAYMENT. For the (personal)(site) LICENSE to use this
SOFTWARE, LICENSEE shall pay LICENSOR a one-time fee of
_____________________________________ US Dollars ($__________).
(fee in words) (fee in numbers)
1.3a FOR PERSONAL LICENSE ONLY. LICENSOR grants to LICENSEE the
right to use and cause the SOFTWARE to be active on no more
than one computer system at a time.
1.3b FOR SITE LICENSE ONLY. LICENSOR grants to LICENSEE the
nontransferable, nonexclusive right to use and distribute
_______ copies of the SOFTWARE internal to the LICENSEE's
organization.
1.3b.1 SITE DISTRIBUTION. LICENSOR will deliver one copy of the
licensed SOFTWARE to LICENSEE, unless LICENSEE requests
separately-serialized diskettes, then LICENSOR will deliver the
requested number of copies. If LICENSEE requests a single
master diskette, LICENSEE may make additional copies of the
program, up to the number of copies licensed herein, provided
each copy of the program contains Power's copyright notice,
copy number, and any proprietary legends (including those under
the Federal Acquisition Regulations (FAR) if any), contained on
the delivered copy.
1.3b.2 COUNT OF SITE COPIES. Each copy of the licensed SOFTWARE
provided under this LICENSE may be used on only one computer at
any one time. If Power is made available on a Local Area
Network (LAN) or Wide Area Network (WAN) system, each terminal
user configured on the LAN or WAN is automatically considered
to be using a distinct copy of the licensed SOFTWARE, whether
or not it is active on a given terminal.
1.4 BRANDING OF REGISTERED COPIES. LICENSOR shall supply the
latest version of the SOFTWARE to LICENSEE. The SOFTWARE shall
operate in the registered mode and display the statement
"Registered to:" LICENSEE's name as declared on the
Registration Form (invoice) and the serial number of the
program on the bottom status bar.
1.5 REPRODUCTION RIGHTS. This right to copy and reproduce extends
to any material and documentation supplied by LICENSOR and
related to the SOFTWARE. LICENSEE shall not use, copy, rent,
lease, sell, modify, decompile, disassemble, otherwise reverse
engineer, or transfer the licensed SOFTWARE except as provided
in this AGREEMENT. Any such unauthorized use shall result in
immediate and automatic termination of this LICENSE.
2.0 TITLE TO SOFTWARE, CONFIDENTIALITY, AND PROPRIETARY RIGHTS
───────────────────────────────────────────────────────────────
2.1 TITLE. Title and copyright to the SOFTWARE, associated
trademarks, and all related material is with LICENSOR. The
SOFTWARE program is licensed, not sold. Nothing in this
AGREEMENT shall be construed as conveying the title in the
SOFTWARE to LICENSEE.
2.2 The obligations under this paragraph shall survive the
termination or rescission of this AGREEMENT.
3.0 TERMS OF AGREEMENT, TERMINATION, AND DISPOSITION OF SOFTWARE
─────────────────────────────────────────────────────────────────
3.1 TERM. This LICENSE is effective until terminated, including as
otherwise provided in this AGREEMENT.
3.2 TERMINATION BY LICENSOR. LICENSOR may terminate this AGREEMENT
on ten (10) days written notice to LICENSEE if LICENSEE fails
to comply with the terms and conditions herein, and LICENSEE
fails to cure such failure within fifteen (15) days after
notice of such failure by LICENSOR.
3.3 TERMINATION BY LICENSEE. LICENSEE may terminate this AGREEMENT
at any time by destroying all copies, backups, and archives of
the SOFTWARE, and notifying LICENSOR in writing within five (5)
days. On termination, LICENSEE shall return a written
verification that the destruction of materials has occurred.
4.0 WARRANTY
─────────────
4.1 LIMITED WARRANTY. LICENSOR warrants for a period of ninety
(90) days from the date of delivery of the licensed SOFTWARE,
the program, if unmodified by the LICENSEE, will perform in
substantial conformity with the user documentation. LICENSOR
does not warrant that the licensed SOFTWARE is free from coding
errors. Any program problems reported to LICENSOR during the
warranty period and determined by LICENSOR to be actual coding
errors will be corrected by LICENSOR within a reasonable time.
Any modifications to the licensed SOFTWARE shall thereafter be
licensed AS IS.
4.2 EXCLUSION FOR MISUSE. The above warranty does not apply to the
extent that any failure of the licensed SOFTWARE to perform as
warranted is caused by the licensed SOFTWARE being (1) not used
in accordance with the user documentation, or (2) modified by
any person other than LICENSOR.
4.3 OTHER EXCLUSION. LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS
FOR A PARTICULAR PURPOSE.
5.0 LIMITATION OF LIABILITY
────────────────────────────
5.1 LIMITATION. The total liability of LICENSOR or its suppliers
for any claim or damage arising out of the use of the licensed
SOFTWARE or otherwise related to this LICENSE shall be limited
to direct damages which shall not exceed the LICENSE fee which
have been paid by LICENSEE to LICENSOR for the specific client
activity which is the subject of such claim or damage.
5.2 OTHER LIABILITY. IN NO EVENT SHALL LICENSOR BE LIABLE TO
LICENSEE FOR ADDITIONAL DAMAGES, INCLUDING ANY LOST PROFITS,
LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED
PROGRAM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6.0 GENERAL TERMS
──────────────────
6.1 ASSIGNMENT OR TRANSFER. Neither this AGREEMENT nor any rights
or obligations hereunder shall be assigned or otherwise
transferred by LICENSEE without prior written consent of
LICENSOR, which consent will not be unreasonably withheld.
LICENSOR may assign this AGREEMENT entirely in its discretion
upon the express written assumption of the obligations
hereunder by the assignee.
This AGREEMENT shall be binding on and shall inure to the
benefit of the heirs, executors, administrators, successors and
assigns of the parties hereto, but nothing in this paragraph
shall be construed as a consent to any assignment of this
AGREEMENT by either party except as provided hereinabove.
6.2 LAWS GOVERNING. Regardless of the place of contracting, place
of performance, or otherwise, this Contract, and all
amendments, modifications, alterations, or supplements thereto,
shall be governed by the laws of the State of Maryland, as to
the nature, validity, and interpretation thereof. No suit for
enforcement of or for a declaration of rights between the
parties to this AGREEMENT shall be commenced in any court other
than the General District or Circuit Court of Montgomery
County, Maryland, or in the United States District Court for
the State of Maryland.
6.3 ARBITRATION. Any controversy or claim arising out of or
relating to this AGREEMENT or the breach thereof shall be
settled by arbitration in accordance with the commercial rules
of the American Arbitration Association, using an arbitrator
with knowledge of computers and software, and judgment upon the
award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof. No arbitration or other action
arising out of any claimed breach of this AGREEMENT or
transactions under this AGREEMENT may be demanded by either
party more than one year after the cause of action accrued.
The prevailing party in any such action related to or arising
under this AGREEMENT shall be entitled to reasonable attorneys'
fees. This provision shall not apply to any action or
proceeding for injunctive relief.
6.4 ENFORCEABILITY. If any terms or provisions of this AGREEMENT
shall be found to be illegal or unenforceable then,
notwithstanding, this AGREEMENT shall remain in full force and
effect and such term or provision shall be deemed stricken.
6.5 AMENDMENT, WAIVER, BREACH. No amendment of this AGREEMENT
shall be effective unless it is in writing and signed by duly
authorized representatives or both parties. No term or
provision hereof shall be deemed waived and no breach excused
unless such waiver or consent shall be in writing and signed by
the party claimed to have waived or consented. Any consent by
any party to or waiver of a breach by the other, whether
express or implied, shall not constitute a consent to, waiver
of or excuse for any other, different or subsequent breach.
This AGREEMENT and its exhibits contain the entire AGREEMENT
between the parties hereto, superseding all previous
AGREEMENTs, representations, understandings and negotiations.
6.6 PAYMENT. Timely payment is of the essence of this AGREEMENT.
6.7 EXECUTION. This AGREEMENT may be signed in counterparts.
IN WITNESS WHEREOF the parties hereto have caused this
AGREEMENT to be duly executed on their behalf as of the day and
year first written in the preamble of this AGREEMENT in two
counterparts, each one of which bearing original signatures
shall for all purposes be deemed an original.
Michael D. O'Connor, individual Accepted by:
SS No. 030-42-6575
Sign _______________________________ Sign _______________________________
(LICENSOR) (LICENSEE)
Print _______________________________
Title: Author and Owner Title _______________________________
Date _______________________________ Date _______________________________
END OF FILE LICENSE.DOC