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VLO98Lic.txt
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1998-12-09
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7KB
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171 lines
END USER LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY OPENING THE
PACKAGE OR CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO
BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO
NOT ACCEPT" BUTTON, AND, IF APPLICABLE, RETURN THIS PRODUCT TO
THE PLACE OF PURCHASE FOR A FULL REFUND.
LICENSE GRANT
The package contains software ("Software") and related
explanatory written materials ("Documentation"). "Software"
includes any upgrades, modified versions, updates, additions and
copies of the Software. "You" means the person or company who is
being licensed to use the Software or Documentation. "We" and
"us" means VPrime, Inc.
We hereby grant you a nonexclusive license to use one copy of the
Software on any single computer, provided the Software is in use
on no more than two computers at any time. The Software is "in
use" on a computer when it is loaded into temporary memory (RAM)
or installed into the permanent memory of a computer--for
example, a hard disk, CD-ROM or other storage device.
TITLE
We remain the owner of all right, title and interest in the
Software and Documentation.
ARCHIVAL OR BACKUP COPIES
You may either:
- make one copy of the Software solely for backup or archival
purposes, or
- transfer the Software to a single hard disk, provided you keep
the original solely for backup or
archival purposes.
THINGS YOU MAY NOT DO
The Software and Documentation are protected by United States
copyright laws and international treaties. You must treat the
Software and Documentation like any other copyrighted
material--for example a book. You may not:
- copy the Documentation,
- copy the Software except to make archival or backup copies as
provided above,
- modify or adapt the Software or merge it into another program,
- reverse engineer, disassemble, decompile or make any attempt to
discover the source code of
the Software,
- Place the Software onto a server so that it is accessible via a
pubic network such as the Internet,
or
- sublicense, rent, lease or lend any portion of the Software or
Documentation.
TRANSFERS
You may transfer all your rights to use the Software and
Documentation to another person or legal entity provided you
transfer this Agreement, the Software and Documentation,
including all copies, update and prior versions to such person or
entity and that you retain no copies, including copies stored on
computer. You must also notify VPrime, Inc. of the details of
the transfer, including, but not limited to, identifying
information for you, the transferee, and the Software.
Contact us for further details at the time of transfer.
LIMITED WARRANTY
We warrant that for a period of 60 days after delivery of this
copy of the Software to you:
- the physical media on which this copy of the Software is
distributed will be free from defects in materials and
workmanship under normal use, and
- the Software will perform in substantial accordance with the
Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED
WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, regardless of whether we know or had reason
to know of your particular needs. No employee, agent, dealer or
distributor of ours is authorized to modify this limited
warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE.
LIMITED REMEDY
Our entire liability and your exclusive remedy shall be:
- the replacement of any diskette(s) or other media not meeting
our Limited Warranty which is returned to us or to an authorized
Dealer or Distributor with a copy of your receipt, or
- If we or an authorized Dealer or Distributor are unable to
deliver a replacement diskette(s) or other media that is free of
defects in materials or workmanship, you may terminate this
Agreement by returning the Software and Documentation and your
money will be refunded.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING
ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO
USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR
DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE
DAMAGES0, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
TERM AND TERMINATION
This license agreement takes effect upon your use of the software
and remains effective until terminated. You may terminate it at
any time by destroying all copies of the Software and
Documentation in your possession. It will also automatically
terminate if you fail to comply with any term or condition of
this license agreement. You agree on termination of this license
to either return to us or destroy all copies of the Software and
Documentation in your possession.
CONFIDENTIALITY
The Software contains trade secrets and proprietary know-how that
belong to us and it is being made available to you in strict
confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE,
OR OF ITS ALGORITHMS, PROTOCALS OR INTERFACES, OTHER THAN IN
STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE
AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
GENERAL PROVISIONS
1. This written license agreement is the exclusive agreement
between you and us concerning the Software and Documentation and
supersedes any and all prior oral or written agreements,
negotiations or other dealings between us concerning the
Software.
2. This license agreement may be modified only by a writing
signed by you and us.
3. In the event of litigation between you and us concerning the
Software or Documentation, the prevailing party in the litigation
will be entitled to recover attorney fees and expenses from the
other party. Any litigation must be brought in the Court of
Common Pleas of Delaware County, Pennsylvania, and in no other
Court. All parties agree that said Court shall have sole and
exclusive jurisdiction over any such litigation and/or the
parties thereto, and Delaware County, Pennsylvania shall be the
sole and only venue for such litigation.
4. This license agreement is governed by the laws of the
Commonwealth of Pennsylvania.
5. You agree that the Software will not be shipped, transferred
or exported into any country or used in any manner prohibited by
the United States Export Administration Act or any other
export laws, restrictions or regulations.