Internet! I Didn't Know You Could Do That.../Internet_IDKYCT.iso/rideway/rideway-setup.exe/_SETUP.1/License.txt

Text File | 1998-12-11 | 10.1 KB | 202 lines

    License Agreement for ITServ RideWay(TM)

ITServ Inc., One Bank Street, Suite 220, Gaithersburg, MD 20878, USA

BEFORE YOU ACQUIRE OR USE THIS SOFTWARE, YOU MUST READ ALL OF THE
FOLLOWING PARAGRAPHS CAREFULLY: This ITServ License Agreement
(hereinafter referred to as "Agreement") is a legal agreement between
you and ITServ for the ITServ product identified above, which includes
computer software and any associated media and printed materials, and
may include on-line or other electronic documentation (hereinafter
collectively referred to as "Software").  By installing, copying, or
otherwise using the Software, you agree to be bound by the terms of
this Agreement. If you do not agree to the terms of this Agreement,
you are not authorized to use the Software and you are legally
required to immediately destroy any copies of the Software that may
have come into your possession by any means.


GENERAL PROVISIONS

NO WARRANTIES

The entire risk as to the quality and performance of the Software is
yours alone.  Should the Software prove defective or be deemed by any
person(s) to be defective, ITServ shall not be in any way be liable
for and shall not assume any of the cost of any service or repair.  It
shall be understood by you that the Software has inherent limitations,
and you must determine that the Software sufficiently meets your
requirements.  ITSERV AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.  ITSERV
AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR
ANY PARTICULAR PURPOSE. This disclaimer of warranty constitutes an
essential part of the agreement. Some states or jurisdictions do not
allow the exclusion of implied warranties or limitations on how long
an implied warranty may last, so the above limitations may not apply
to you or may not apply fully to you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL ITSERV BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR COMPUTER
MALFUNCTION, LOSS OF GOODWILL, LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF ITSERV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.

BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU OR MAY NOT APPLY FULLY TO YOU.

SCOPE OF GRANT

1.  Each licensed copy of the Software along with its duplicates can
be operable only on one designated computer.

2.  You must maintain all copyright notices or labels on all copies of
the Software.

3.  You may not reverse engineer, decompile, or disassemble the
Software, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation;
nor may you create derivative works based on the Software.

4.  You may not rent, lease, or grant a security interest in the
Software to others.

HIGH RISK ACTIVITIES.

The Software is not designed or intended for use in hazardous
environments requiring fail-safe operation, such as in the operation
of nuclear facilities or automated life support systems, where failed
or inadequate performance of the Software could lead directly to death
or personal injury ("High Risk Activities").  ITServ specifically
disclaims any express or implied warranty of fitness for High Risk
Activities.

TITLE AND COPYRIGHT

All title and copyrights in and to the Software and any copies thereof
are owned by ITServ, and its structure, organization, and code are the
valuable trade secrets of ITServ. The Software is also protected by
United States Copyright Law and International Treaty provisions. You
may use trademarks only to identify any printed output produced by the
Software, in accordance with accepted trademark practice, including
identification of trademark owner's name. Such use of any trademark
does not give you any rights of ownership in that trademark. This
Agreement does not grant you any intellectual property rights in the
Software.

All title and intellectual property rights in and to the content which
may be accessed through use of the Software is the property of the
respective content owner and may be protected by applicable copyright
or other intellectual property laws and treaties.  This Agreement
grants you no rights to use such content.

TERMINATION.

The license will terminate automatically if you fail to comply with
the provisions set forth herein.  On termination, you must destroy all
copies of the Software.

GOVERNING LAW

This Agreement will be governed by the laws of the State of Maryland,
USA, excluding the application of its conflicts of law rules. This
Agreement will not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of
which is expressly excluded. If any part of this Agreement is found
void and unenforceable, it will not affect the validity of the balance
of the Agreement, which shall remain valid and enforceable according
to its terms. 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. This Agreement shall
automatically terminate upon failure by you to comply with its
terms. This Agreement represents the complete agreement concerning
this license and may be amended only by writing and executed by both
parties.

TEMPORARY 30-DAY LICENSE, FREE OF CHARGE, FOR PURPOSES OF EVALUATION

If you install, copy, or otherwise use the Software without paying the
applicable fee or fees set by ITSERV for such acquisition and/or use,
ITServ grants you a non-exclusive license to use the Software free of
charge if your use of the Software is for the purpose of evaluating
whether to purchase an ongoing license to the Software.  This
non-exclusive license for purposes of evaluation is limited to thirty
(30) days.  For this 30 day period, you are entitled to use the
Software in accord with the terms set forth in the GENERAL PROVISIONS
section of this Agreement.  If you are using the Software free of
charge, you are not entitled to hard-copy documentation, telephone
support, or other assistance. When the Software is provided to you
free of charge, the Software is conveyed strictly on an "AS IS" basis.
At any time during the aforementioned 30 days, you may choose to pay
all applicable fees for an ongoing license.  Upon such payment, your
use will be governed by all of the terms of this Agreement that are
applicable when license fees are paid.  If you do not pay the
applicable fees, then immediately upon completion of the
aforementioned 30 day period, your temporary license to the Software
terminates.  At the sole option of ITServ, the Software may be
constructed so as to permanently cease to operate at such time.
Whether or not the Software ceases to operate, you are legally
obligated to cease use of the Software at such time, and to destroy
any and all copies of the Software that you have acquired or created.


TERMS APPLICABLE WHEN LICENSE FEES ARE PAID

GRANT

Subject to payment of applicable license fees, ITServ grants to you a
non-exclusive license to use the Software in accord with the terms set
forth in the GENERAL PROVISIONS section of this Agreement.

DISCREPANCY REPAIR PERIOD

ITServ affirms that for a period of ninety (90) days from the date of
payment of applicable fee(s) by you, the Software, if operated as
directed, will substantially achieve the functionality described in the
product documentation.  Such 90 day period shall be designated as the
Discrepancy Repair Period.  ITServ does not affirm that your use of the
Software will be error-free, unfailing, or secure.  Should a failure be
identified by you during the 90 day Discrepancy Repair Period, ITServ's
sole liability in such instance shall be, in ITServ's sole discretion,
to advise you how to achieve substantially the same functionality with
the Software as described in the product documentation through a
procedure different from that set forth in the documentation, to provide
you with replacement software, or, if such remedies are deemed
impractical by ITServ, to refund the license fee you paid for the
Software.

Only if you inform ITServ of your problem with the Software during the
applicable Discrepancy Repair Period and provide evidence of your
payment of applicable license fees will ITServ be obligated to honor
the Discrepancy Repair Period.  When both of these criteria are met,
ITServ will make a reasonable effort to respond in one or more of the
aforementioned ways within thirty (30) days of the time that any
problem is reported to ITServ.  It shall be explicitly understood that
TIME SHALL NOT BE OF THE ESSENCE with respect to such response by
ITServ.

If, pursuant to this section, ITServ provides you with replacement
software and/or a changed procedure, then the length of the
Discrepancy Repair Period shall be adjusted to be the longer of 1) the
time remaining under the Discrepancy Repair Period that pertained to
the original Software, or 2) thirty (30) days after i) the date of
shipment to you of the replacement software, or ii) the date that
ITServ provided an explanation to you of how to operate the Software
so as to achieve the functionality described in the product
documentation..

If any modifications are made to the Software during the Discrepancy
Repair Period by other than ITServ, or if you violate any term of this
Agreement, then the Discrepancy Repair Period shall immediately be
terminated.  The Discrepancy Repair Period shall also be terminated if
the Software is used on or with hardware or computer software other
than that for which the Software was designed to be used.