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Gold Medal Software - Volume 3 (Gold Medal) (1994).iso
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otview.arj
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OT3LEGAL.DOC
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1994-01-27
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LICENSE AND EVALUATION AGREEMENT
PROGRAM = "Otview" - One-Touch(r) BG Meter Utility Program
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
BEFORE USING THE ACCOMPANYING PROGRAM, THE COMPUTER SOFTWARE
THEREIN, AND THE ACCOMPANYING USER DOCUMENTATION, IF ANY, (THE
"PROGRAM"). THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE
AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND MERRITT ISLAND
TECHNOLOGIES,Inc. (REFERRED TO AS LICENSOR), AND IT SUPERSEDES
ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE
PARTIES. BY USING THE REFERENCED PROGRAM, YOU ARE ACCEPTING AND
AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE
AGREEMENT, YOU MUST ERASE, AND NOT USE THE REFERENCED SOFTWARE.
WITNESSETH:
WHEREAS, Merritt Island Technologies (hereinafter "LICENSOR")
has developed certain programming and software to be covered by
the terms of this agreement, and
WHEREAS, the Program embodies and reflects certain Trade
Secrets and Copyrights of the LICENSOR, and
NOW, THEREFORE, in consideration of the premises hereof, and the
mutual promises and obligations herein, upon use of the Program,
you hereby agree to be bound as follows:
(1) LICENSE GRANT: The LICENSOR hereby grants to you, and
you accept upon first use, a non-exclusive right to use the
referenced Program and software contained therein in object-code
only form, and only as authorized by this agreement.
(2) Licensor's Rights: You acknowledge and agree that the
Program consists of proprietary, unpublished products of
LICENSOR, protected under U.S. copyright law and trade secret
laws of general applicability. You further acknowledge and agree
that all right, title, and interest in and to the Program are and
shall remain with LICENSOR. This License Agreement does not
convey to you an interest in or to the Program, revocable in
accordance with the terms of this License Agreement, but only a
limited right of use.
(3) Licensed "As Is" And Limitation Of Warranties:
(a) The Program and software subject to this Agreement
are licensed to you "AS IS" and the Licensor disclaims any and
all warranties, whether disclaims any and all warranties, whether
express or implied, including without limitation any implied
warranties of merchantability or of fitness for a particular
purpose. You hereby agree to make NO Medical decisions whatsoever
based on the information derived from the use of the Otview data
retrieval/display Program. It is to be understood that Otview is
capable of modifying the ONE-TOUCH (tm) Settings, and the result-
ant Output(s) from the referenced BG Meter.
(b) The Licensor and any of his associates shall not
be liable or responsible for any damages resulting to you or
others from your use of the Program. You assume full
responsibility for determining what use(s) the Program serve(s),
if any, and whether the Program meets your requirements. The
LICENSOR makes no representations whatsoever concerning the
performance, acceptability and/or compatibility with your
equipment and operation of the Program provided.
(4) Limitation Of Damages
You agree that with respect to any claims of any nature
whatsoever that you or any other party may have against LICENSOR
resulting from use of the Program, that LICENSOR shall be
notified in writing by you of the claim within 30 days of the
incident or occurrence giving rise to the claim, mailed, by
certified letter to:
Merritt Island Technologies
253 Merritt Square, Suite 616
Merritt Island, FL 32952
You agree that in no event shall LICENSOR be liable for any
indirect, incidental, consequential, special, or exemplary
damages or lost profits, even if LICENSOR has been advised of the
possibility of such damages. You further agree that if for any
reason the LICENSOR is found to be liable to you as a result of
your use of the program and software, that as partial
consideration of the LICENSOR granting you this license, you
agree that LICENSOR'S sole and exclusive cumulative liability to
you or others shall be no greater than the amount of any
registration fee paid by you. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
(5) Proprietary Protection
(a) The Program is furnished to you for the sole
purpose of personal use. You shall use the Program solely for such
purpose, and shall not, without the prior written approval of the
LICENSOR, either allow any third party to use, or yourself use,
the Program for any other purpose or for the benefit of any third
party.
(b) This Agreement conveys to you only a limited right
of use, fully revocable in accordance with the provisions of this
Agreement. Except for such right of use, you shall not assert
any right, title, or interest in or to the Program or any
pertinent documentation.
(c) The LICENSOR hereby represents, and you hereby
acknowledge, that the program and software contain substantial
Trade Secrets of the LICENSOR; such Trade Secrets have been
entrusted to you for use only as expressly authorized under this
Agreement. Under no circumstances may you decompile, reverse
engineer, or "unlock" as the term is generally used in the
industry, the program and software.
(d) LICENSOR claims and reserves to itself all rights
and benefits afforded under U.S. copyright law and all
international copyright conventions in the Program and any
pertinent documentation as restricted, unpublished works, or as
copyrighted material, as the case may be.
(e) You shall devote your best efforts, consistent
with the practices and procedures under which you protect your
own most valuable proprietary information and materials, to
protect the Program and any pertinent documentation against any
unauthorized or unlawful use or copying.
(f)
You shall make no hard copies of the Program, and may store in
memory only so much programming as authorized by the terms of
this agreement. Upon expiration of 30 days after your first use
of the program and software, you shall permanently cease use of
the program and software, UNLESS it has been registered pursuant
to provisions of this agreement.
(6) ADDITIONAL COPIES: Additional copies may be ordered using
the Form at the end of this Document or via the BBS
(a) You can order by filling out coupon located at
the end of this license and send with $35.00 to:
Merritt Island Techologies, Inc.
253 Merritt Square, Suite 616
Merritt Island, Fl 32952
(BBS Number: (407)-459-0969)
(b) Alternatively, you may call the BBS and charge your order
on-line using Master Card, VISA, Diners Club or Carte Blanche.
(AMEX pending).
(c) The Registered version will be ready for you to D/L within
48 hours.. (As an attachment to a private Message to you.)
(In the case of Checks, give about a week for it to clear.)
You agree not to defeat the registration, or to distribute a registered
version of this software to anyone. If you have any questions or comments,
feel free to contact the home board:
SPACECON BBS (407)-459-0969
(d) Registration of the Program shall be exclusive to
the person registering said program and software, and you may not
transfer the registered program and software to or provide copies
of the registered program and software to third parties. The
registered program and software shall be subject to all
provisions and conditions of this agreement.
(e) The specifications of this product and the terms
and conditions of its registration are subject to change at any
time upon the sole and exclusive discretion of LICENSOR without
prior or future notification to you.
(7)Trademark: MERRITT ISLAND TECHNOLOGIES and the title of this
program are registered trademark of the Licensor. No right, or
interest to such trademarks are granted hereunder, and you agree
that no such right, license, or interest shall be asserted by you
with respect to such trademarks.
(8) Governing Law: This Agreement shall be construed and
governed in accordance with the laws of the State of Florida.
(9) Ambiguity: As partial consideration for this agreement
and use of the Program, you hereby agree that any ambiguity
contained in this agreement shall be construed most favorably to
the LICENSOR.
(10) Severability: Should any term of this License
Agreement be declared void or unenforceable by any court of
competent jurisdiction, such declaration shall have no effect on
the remaining terms hereof.
(11) No Waiver: The failure of either party to enforce any
rights granted hereunder or to take action against the other
party in the event of any breach hereunder shall not be deemed a
waiver by that party as to subsequent enforcement of rights or
subsequent actions in the event of future breaches.
(12) Venue and Jurisdiction: You hereby agree by virtue of
this agreement that any and all actions brought by you against
LICENSOR shall be brought before a Court of competent
jurisdiction in Brevard County, Florida, and that as between you
and the LICENSOR, that this License Agreement shall be deemed to
have been entered into in Brevard County, Florida.
(13) Acceptance: You agree to all the terms, conditions
and limitations of this agreement upon your first use of the
program and software covered hereby.
THIS PROGRAM IS THE CONFIDENTIAL AND PROPRIETARY PRODUCT OF
LICENSOR. ANY UNAUTHORIZED USE, REPRODUCTION OR TRANSFER OF THIS
PROGRAM IS STRICTLY PROHIBITED. COPYRIGHT 1992, 1993 BY MERRITT
ISLAND TECHNOLOGIES, INC. SUBJECT TO LIMITED DISTRIBUTION AND
RESTRICTED DISCLOSURE ONLY. ALL RIGHTS RESERVED.
-EOF-