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Gold Medal Software 5
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Gold Medal Software - Volume 5 (Gold Medal) (1995).iso
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LICENSE.TXT
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1994-06-24
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8KB
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155 lines
IMPORTANT: Read Before Using This Product
3COM (R) END USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING
THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY 3COM
CORPORATION ("3COM") TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT
USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT
THESE TERMS.
LICENSE: 3Com grants you a nonexclusive license to use the accompanying
software program(s) (the "Software") subject to the terms and restrictions
set forth in this License Agreement. You are not permitted to lease, rent,
distribute or sublicense the Software or to use the Software in a time-sharing
arrangement or in any other unauthorized manner. Further, no license is
granted to you in the human readable code of the Software (source code).
Except as provided below, this License Agreement does not grant you any
rights to patents, copyrights, trade secrets, trademarks, or any other
rights in respect to the Software.
The Software is licensed to be used on any workstation or any network server
owned by or leased to you, provided that the Software is used only in
connection with a 3Com adapter. You may reproduce and provide one (1)
copy of the Software and supporting documentation for each such workstation
or network server on which the Software is used as permitted hereunder.
Otherwise, the Software and supporting documentation may be copied only as
essential for backup or archive purposes in support of your use of the
Software as permitted hereunder. You must reproduce and include all
copyright notices and any other proprietary rights notices appearing on the
Software and the supporting documentation on any copies that you make.
NO Assignment; No Reverse Engineering: You may not transfer or assign the
Software and/or this License Agreement to another party without the prior
written consent of 3Com. If such consent is given and you transfer or assign
the Software and/or this License Agreement, then you must at the same time
either transfer any copies of the Software as well as the supporting
documentation to the same party or destroy any such materials not transferred.
Except as set forth above, you may not transfer or assign the Software or
your rights under this License Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the
Software is expressly prohibited. However, if you are a European Community
("EC") resident, information necessary to achieve interoperability of the
Software with other programs within the meaning of the U.K. Copyright
[Computer Program] Regulations 1992 implementing the EC Directive on the
Legal Protection of Computer Programs is available to you from 3Com upon
written request.
EXPORT RESTRICTIONS: You agree that you will not export or re-export the
Software or accompanying documentation (or any copies thereof) or any
products utilizing the Software or such documentation in violation of any
applicable laws or regulations of the United States or the country in which
you obtained them.
Trade Secrets; Title: You acknowledge and agree that the structure,
sequence and organization of the Software are the valuable trade secrets of
3Com and its suppliers. You agree to hold such trade secrets in confidence.
You further acknowledge and agree that ownership of, and title to, the
Software and all subsequent copies thereof regardless of the form or media
are held by 3Com and its suppliers.
UNITED STATES Government Legends:
For units of the Department of Defense:
The Software is commercial computer software as defined in 48 C.F.R. 211
and therefore is provided to units of the Department of Defense under the
terms of this License Agreement, which is 3Com's standard commercial
agreement for the Software. In the alternative, if 48 C.F.R. 211 is not
invoked, the Software is licensed as follows: Restricted Rights Legend:
Use, duplication or disclosure by the United States Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software Clause at 48 C.F.R. 52.227-7013. 3Com
Corporation, 5400 Bayfront Plaza, Santa Clara, California 95052-8145.
For civilian agencies:
Restricted Rights Legend: Use, reproduction or disclosure is subject to
restrictions set forth in subparagraph (a) through (d) of the Commercial
Computer Software - Restricted Rights clause at 48 C.F.R. 52.227-19 and the
limitations set forth in 3Com's standard commercial agreement for the
Software. Unpublished rights reserved under the copyright laws of the
United States.
TERM AND TERMINATION: This license will expire fifty (50) years from the
date that you open the package, if it is not earlier terminated. You may
terminate it at any time by destroying the Software and documentation
together with all copies and merged portions in any form. It will also
terminate immediately if you fail to comply with any term or condition of
this License Agreement. Upon such termination you agree to destroy the
Software and documentation, together with all copies and merged portions in
any form.
GOVERNING LAW: This License Agreement shall be governed by the laws of the
State of California as such laws are applied to agreements entered into and
to be performed entirely within California between California residents and
by the laws of the United States. You agree that the United Nations
Convention on Contracts for the International Sale of Goods (1980) is hereby
excluded.
NO WARRANTY: THE SOFTWARE AND DOCUMENTATION ARE PROVIDED ON AN "AS IS"
BASIS AND ALL RISK IS WITH YOU. BECAUSE THE SOFTWARE AND DOCUMENTATION ARE
PROVIDED TO YOU FREE OF CHARGE, 3COM MAKES NO WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS ARE EXPRESSLY EXCLUDED. FURTHER,
3COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE AND
DOCUMENTATION PROVIDED ARE FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE
AND DOCUMENTATION ARE SUITABLE FOR YOUR INTENDED USE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL 3COM OR ITS SUPPLIERS BE LIABLE
TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PROFITS OR
REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO
THE USE OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF 3COM OR ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED BY ANY FAILURE OF
THE SOLE AND EXCLUSIVE REMEDIES HEREUNDER.
Some states do not allow the exclusion of implied warranties or the
limitation of incidental or consequential damages for consumer products, so
the above limitations and exclusions may not apply to you. This warranty
gives you specific legal rights which may vary from state to state.
SEVERABILITY: In the event any provision of this License Agreement is found
to be invalid, illegal or unenforceable, the validity, legality and
enforceability of any of the remaining provisions shall not in any way be
affected or impaired and a valid, legal and enforceable provision of similar
intent and economic impact shall be substituted therefor.
ENTIRE AGREEMENT: This License Agreement sets forth the entire
understanding and agreement between you and 3Com and may be amended only in
a writing signed by both parties.
3Com is a registered trademark of 3Com Corporation.
3Com Corporation
5400 Bayfront Plaza
P.O. Box 58145
Santa Clara, CA 95052-8145
(408) 764-5000