Mega CD-ROM 1/megacd_rom_1.zip/megacd_rom_1/HANDICAP/DZ101.ZIP/LICENSE.DOC

Text File | 1990-02-08 | 8KB | 150 lines

DOSZILLA LICENSING AGREEMENT

  It's especially important to us that you understand that we are a
tiny, two-person operation trying to do a job that properly requires
a much larger company - but nobody else seems interested in taking on
this task, so we are doing the best we can with our limited
resources. Being only two people, we do have our limitations, and
part of the purpose of this licensing agreement is to make those
limitations clear so that you understand exactly what you are and are
not getting when you buy the DosZilla Package.

 The other purpose of this licensing agreement is of course to
protect ourselves against unauthorized duplication and distribution
of a program that we have both worked very long, very hard hours to
create. The copyright laws fall a little short in this area, so we've
gone through a few strange contortions to provide a little extra
protection.

The terms and conditions of this license follow:

1) The terms "we", "us", and "our" refer to both myself, Charles L.
Broome and to Linda Stubblefield. The term "you" refers to the
purchaser of any of our products. The term "full DosZilla program" or
"full version of the DosZilla program" refers to the
fully-implemented version of the program that is enclosed in the
sealed envelope and also to any future updates of that program which
may be sent to you.

2) We are selling you not a product, but a license to use our
property. All software, including demonstration software, utilities,
and any other executable files, remain fully owned by us. You may use
them only with our permission, and our permission is given only if
you agree to all of the terms and conditions of this license. You are
expressly forbidden to use any of our software in any state in which
any of the terms and conditions of this license are invalidated by
law, are limited in any way by law, or are not permitted by law.  If
you live in such a state, you may return this package for a refund as
outlined in term (4) below.

3) The sealed envelope containing the diskette on which the full
DosZilla program resides also remains our property and you may not
open it unless you agree to all of the terms and conditions of this
license.

4) If you have ordered the full DosZilla package and for any reason
are not satisfied with the package, then you may receive a refund on
the package, minus our $10 shipping, handling, and restocking fee, by
returning the complete and undamaged package to us under the
following conditions: a) The sealed envelope containing the full
DosZilla program must remain sealed and must not have been opened or
tampered with; b) the package must be delivered to whichever of us
you ordered it from, and must arrive within three weeks of our
shipping date; c) delivery is your responsibility - we are not
required to refund your money if the package is damaged while being
shipped back to us or if it does not arrive into the appropriate
person's mailbox or P.O. box.  on time.  For your own protection, you
should insure the package and ask for signed and dated proof of
delivery into the appropriate mailbox or P.O. Box.

5) You are hereby informed that Programming is a complex and
difficult art, and that therefore the possibility does exist that our
software may contain unintentional software bugs or other defects.
Further, in order to reduce the costs of our product we have chosen
not to purchase business insurance.  Therefore, in return for the
lower prices we are able to offer by foregoing business insurance,
you must agree that the DosZilla program as well as all demonstration
software and accompanying utility programs, diskettes, tapes, and
other materials are provided on an "as-is" basis, with no warranties
or guarantees whatsoever offered as to suitability or fitness for any
purpose, and you are required to assume all risk for the use of said
items and to indemnify and hold us harmless against any and all
damages that may be done by software bugs or by other defects in our
programs or materials. We will, however, replace any diskettes or
tapes that prove to be defective within ninety days of the date
purchase.

6) We will not provide any updates, upgrades, and/or bug fixes to the
DosZilla program until and unless a filled out, signed, and correctly
dated copy of this licensing agreement is received at the following
address: Charles L. Broome, P.O. Box 2270, Rockport, Texas, 78382. A
self-addressed and stamped envelope is included for your convenience.
However, because it is your responsibility to ensure that the
licensing agreement is delivered, you may wish to send the licensing
agreement by certified mail rather than by regular mail.

7) Although we will of course make a reasonable effort to remain in
business, what we are doing is financially very risky and we simply
may not be able to make it work out. In that event we may be unable
to provide any further upgrades or updates to the DosZilla program.
  Any promises of future upgrades and/or updates are therefore made on
the assumption that we will be able to continue in this line of
business, and any obligation we may have to provide said upgrades or
updates will terminate in the event that we are unable to continue
with this line of business.
  Note that we do provide a demonstration version of the DosZilla
program so that you may test the program for compatability with your
equipment and ensure that the program as it currently exists meets
with your needs and expectations before committing yourself to
purchasing this license.

8) The DosZilla program which has been supplied with this license may
not under any circumstances be used on more than a single computer at
any one time, nor may it be loaded or copied onto the disks or into
the memory of more than four computers at any one time.  Individual
personal computers or workstations connected by a networking or other
computer communications system are to be construed as individual
computers.  The purchaser of this license may make at most two backup
copies of the full program for archival purposes only. Under no
circumstances may the DosZilla program in any form or any disk or
other media containing the program in any form be rented, leased,
sold, loaned, traded, given away, or otherwise distributed to others
without our express written permission.

9) The copy of the full DosZilla program which we have provided for
use under this license has been individually serialized. It is your
responsibility to protect that program from unauthorized distribution
and to ensure that others do not obtain unauthorized copies of it,
and you must agree to pay a distribution fee of $1000 per copy for
each unauthorized copy of the DosZilla program that others do obtain.
In addition, you must agree to pay reasonable court costs and
attorney's fees in the event that you are found to be in violation of
the terms of this licensing agreement.

10) You may not alter the DosZilla program, nor allow it to be
altered, in any way except through the self-configuration modes which
are supplied as a part of the DosZilla program. Specifically, you may
not alter, nor attempt to alter, the serial number, copyright notice,
or any sign-on messages nor the code that causes these items to be
displayed.

11) This license may not be sold or transferred, nor may it's terms be
altered in any way except through written agreement signed by both
Charles Broome and Linda Stubblefield.

"I have read, understood, and agreed to all terms of the above
licensing agreement and agree to abide by them."


Signed: ___________________________________________________________

Date:   ___________________________________________________________


Witnessed: ________________________________________________________

Date:   ___________________________________________________________

Please return this licensing agrrrment to:
Charles L. Broome, P.O. Box 2270, Rockport, Texas, 78382