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- NOTETAB LIGHT - PRODUCT LICENSE INFORMATION
-
- NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
- USE OF THE NOTETAB LIGHT SOFTWARE PROVIDED WITH THIS AGREEMENT
- (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
- INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE
- IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS
- AGREEMENT.
-
-
- 1. LICENSE GRANT. Fookes Software grants you a license to use
- the NoteTab Light software program (the "SOFTWARE") on any
- computer as long as the terms of this agreement are respected.
- "You" means the company, entity, or individual installing or
- using the SOFTWARE. "Use" means storing, loading, installing,
- executing, or displaying the SOFTWARE. You may not modify the
- SOFTWARE or disable any licensing or control features of the
- SOFTWARE except as an intended part of the SOFTWARE's
- programming features. If you choose to enable the trial
- features, you are granted an evaluation period of not more
- than 30 days, after which time you may not use those features
- unless you purchase the commercial version of the SOFTWARE, or
- you must remove the SOFTWARE from your computer. This license
- is not transferable to any other hardware product or other
- company, entity, or individual.
-
-
- 2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Fookes
- Software. Your license confers no title or ownership in the
- SOFTWARE and should not be construed as a sale of any right in
- the SOFTWARE.
-
-
- 3. COPYRIGHT. The SOFTWARE is protected by United States
- copyright law and international treaty provisions. You
- acknowledge that no title to the intellectual property in the
- SOFTWARE is transferred to you. You further acknowledge that
- title and full ownership rights to the SOFTWARE will remain
- the exclusive property of Fookes Software and you will not
- acquire any rights to the SOFTWARE except as expressly set
- forth in this license. You agree that any copies of the
- SOFTWARE will contain the same proprietary notices which
- appear on and in the SOFTWARE.
-
-
- 4. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell,
- modify, decompile, disassemble, otherwise reverse engineer, or
- transfer the SOFTWARE except as provided in this agreement.
- Any such unauthorized use shall result in immediate and
- automatic termination of this license.
-
-
- 5. BUNDLING. In no case may the SOFTWARE be bundled with a
- hardware or software product without written permission from
- Fookes Software (av. EugΦne-Pittard 22 ter, CH-1206 Geneva,
- Switzerland).
-
-
- 6. DISTRIBUTION. Provided that you verify that you are
- distributing the Freeware or trial version of the SOFTWARE
- (you can see this information in the window title bar when you
- run the software: program name should be "NoteTab Light" or
- "NoteTab Pro trial") you are hereby licensed to make as many
- copies of the Freeware/trial package of the SOFTWARE as you
- wish; give exact copies of the original Freeware/trial package
- of the SOFTWARE to anyone; and distribute the Freeware/trial
- package of the SOFTWARE in its unmodified form via electronic
- means (Internet, BBS's, Shareware distribution libraries, CD-
- ROMs, etc.). You may charge a distribution fee for the
- package, but you must not represent in any way that you are
- selling the software itself.
-
- Distribution of the commercial version (i.e. purchased version)
- is forbidden.
-
- Permission to distribute the SOFTWARE is not transferable,
- assignable, saleable, or franchisable. Each entity wishing to
- distribute the package must independently satisfy the terms of
- the distribution license.
-
-
- 7. U.S. GOVERNMENT INFORMATION. Use, duplication, or
- disclosure by the U.S. Government of the computer software and
- documentation in this package shall be subject to restrictions
- as set forth in subparagraph (c)(1)(ii) of the Rights in
- Technical Data and Computer Software clause at DFARS 252.277-
- 7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor
- is Fookes Software, av. EugΦne-Pittard 22 ter, CH-1206 Geneva,
- Switzerland.
-
-
- 8. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS"
- BASIS. FOOKES SOFTWARE DISCLAIMS ALL WARRANTIES RELATING TO
- THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
- LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
- FITNESS FOR A PARTICULAR PURPOSE. NEITHER FOOKES SOFTWARE NOR
- ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION,
- OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT,
- CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR
- INABILITY TO USE SUCH SOFTWARE, EVEN IF FOOKES SOFTWARE HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE
- PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND
- PERFORMANCE OF THE SOFTWARE.
-
- SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
- INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
- OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY
- IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
-
- IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE
- FEE PAID TO FOOKES SOFTWARE.
-
-
- 9. SEVERABILITY. In the event of invalidity of any provision
- of this license, the parties agree that such invalidity shall
- not affect the validity of the remaining portions of this
- license.
-
-
- 10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
- FOOKES SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
- CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY
- KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE
- SOFTWARE, EVEN IF FOOKES SOFTWARE HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FOOKES
- SOFTWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT,
- OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID
- BY YOU, IF ANY.
-
-
- 11. GOVERNING LAW. This agreement shall be governed by the
- laws of Switzerland, excluding the application of its conflicts
- of law rules, and shall inure to the benefit of Fookes Software
- and any successors, administrators, heirs, and assigns. Any
- action or proceeding brought by either party against the other
- arising out of or related to this agreement shall be brought
- only in a COURT of competent jurisdiction located in
- Switzerland. The parties hereby consent to in personam
- jurisdiction of said courts. The United Nations Convention on
- Contracts for the International Sale of Goods is specifically
- disclaimed.
-
-
- 12. INSPECTION AND TESTING. You agree and acknowledge that you
- will thoroughly inspect and test the SOFTWARE for all of your
- purposes upon commencement of your use. Any suit or other
- legal action, claim, or any arbitration relating in any way to
- this agreement or software covered by it must be officially
- filed or officially commenced no later than 90 days after your
- first use of the software.
-
-
- 13. ENTIRE AGREEMENT. This is the entire agreement between you
- and Fookes Software, which supersedes any prior agreement or
- understanding, whether written or oral, relating to the
- subject matter of this license.
-
-
- 14. RESERVED RIGHTS. All rights not expressly granted here are
- reserved to Fookes Software.
-