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license.txt
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1998-09-19
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92 lines
Software License Agreement (Trial Version)
------------------------------------------
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
USING OR DISTRIBUTING SCITECH SOFTWARE'S DOCUMENTATION, SOFTWARE AND
ADDITIONAL MATERIALS (THE "PRODUCT"). THE PRODUCT IS COPYRIGHTED AND
LICENSED (NOT SOLD) TO YOU AND BY INSTALLING, USING OR DISTRIBUTING THE
PRODUCT, 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 SHOULD NOT INSTALL, USE OR DISTRIBUTE THIS PRODUCT. THIS
LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT
BETWEEN YOU AND SCITECH SOFTWARE, AND IT SUPERSEDES ANY PRIOR PROPOSAL,
REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. EVALUATION PERIOD. In order to determine whether the Product meets
your needs, you may use a Trial Copy of the Product for an evaluation
period of up to 21 days. Your evaluation period begins when you first
install the Product. Once the evaluation period ends, you agree to either
to purchase the Product or to stop using it and remove it from your
computer system. If you have ordered the Product from SciTech, you may
continue to use your Trial Copy until your Registered Copy arrives.
2. USE OF THE PRODUCT. Once the evaluation period is over and you
purchase the Product, you may use the product on one computer per license
purchased. You must not (a) defeat, or try to defeat, messages in the
Product which encourage users to register; (b) modify or prepare
derivative works of the Product; (c) or reverse engineer, decompile or
disassemble the Product; (d) use unauthorized patches or registration
codes with the Product.
3. DISTRIBUTING TRIAL COPIES OF THE PRODUCT. You may make copies of the
full, unregistered Trial version of the Product to give to others, subject
to the following limitations:
a.) Upon request by SciTech Software, you must immediately cease
distribution of the Product.
b.) Without prior, expressed written permission from SciTech Software,
you may NOT:
i.) Bundle Trial copies of this Product with freeware, shareware or
commercial products.
ii.) Sell Trial versions of the Product (shareware distribution
companies may charge normal shipping and handling fees).
iii.) Distribute the DOS install version of the Product (it is only
available on the SciTech ftp site).
c.) Under no circumstances can you:
i.) Distribute registered or registerable versions of the Product.
ii.) Defeat, or attempt to defeat, messages in the Product which
encourage users to register their software or actively
discourage user registration in any other way, such as with the
use of unauthorized patches.
iii.) Distribute prior versions of the Product.
iv.) Ship incomplete versions of the Product.
4. COPYING REGISTERED COPIES OF THE PRODUCT. When you receive a
Registered Copy of the Product or a registration code you may make copies
of the Product which are necessary for normal backup purposes only. You
agree not to make any other copies of the software, the manual(s), or any
part of them, or sell or give any copies or registration codes to others.
5. LEGAL DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT
IS WITH YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT WILL SCITECH SOFTWARE, OR ANY OTHER PARTY WHO MAY HAVE
DISTRIBUTED THE PRODUCT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCT TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
6. GOVERNING LAW. This License Agreement shall be construed and governed
in accordance with the laws of the State of California, USA.
7. COSTS OF LITIGATION. If any action is brought by either party to this
License Agreement against the other party regarding the subject matter
hereof, the prevailing party shall be entitled to recover, in addition to
any other relief granted, reasonable attorney fees and expenses of
litigation.
8. SEVERABLILITY. 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.