The Net Power 1997 August/NETDisc0897.iso/pc/organize/netpim/netpim10.exe/_setup.lib/license.txt

Text File | 1997-02-19 | 9.4 KB | 217 lines

SEQUEL NetPIM(tm) SOFTWARE END-USER LICENSE AGREEMENT

BEFORE YOU CLICK ON THE "YES" BUTTON BELOW, CAREFULLY
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING
ON THE "YES" 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 "NO" BUTTON
AND DO NOT USE THE SOFTWARE.

GRANT OF LICENSE

Sequel Technology Corporation grants you a non-exclusive,
non-transferable, non-sublicensable license to use this
copy of the Sequel NetPIM(tm) Software program (the
"Software"), in binary executable form and accompanying
documentation, if any, and any updates or upgrades thereto
provided by Sequel according to the terms set forth below.
If the Software is being provided to you as an update or
upgrade to Software which you have previously licensed,
then you agree to destroy all copies of the prior release
of this Software within thirty (30) days after entering
into this Agreement; provided, however, that you may
retain one copy of the prior release for backup purposes.
This license is personal to you and you agree not to
assign your rights herein.

You may:

a. install the Software on only one (1) computer or
one (1) network node, and you may make a second or third
copy of the Software onto either a home computer or a
portable computer provided that the Software is installed
on a computer which is used by you at least eighty percent
(80%) of the time that the computer is in use,

b. make one (1) copy of the Software in machine readable
form solely for backup purposes, provided that you reproduce
all proprietary notices on the copy, and

c. physically transfer the Software from one computer to
another, provided that the Software is removed from the
computer or network node on which it was installed and
is used only on one (1) computer or network node at a time.

You may not:

a. use the Software on more than one computer or network
node at a time or in a multi-user system,

b. modify, translate, reverse engineer, decompile or
disassemble the Software (except to the extent that such
acts may not be prohibited under applicable law),

c. copy the Software (except as provided above) or the
accompanying documentation,

d. rent, transfer, distribute, or grant any rights in
the Software or accompanying documentation in any form
to any person without the prior written consent of
Sequel Technology Corporation, or

e. remove any proprietary notices, labels, or marks on
the Software and accompanying documentation.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
This trial license version of the Software is not a sale.
Title, ownership rights, and intellectual property rights
in and to the Software, any accompanying documentation
and any copy made by you shall remain in Sequel
Technology Corporation and/or its suppliers. You agree
to abide by the copyright law and all other applicable
laws of the United States including, but not limited to,
export control laws. Unauthorized copying of the Software
or the accompanying documentation, or failure to comply
with the above restrictions, will result in automatic
termination of this license and will make available to
Sequel Technology Corporation other legal remedies.
All content accessed through the Software is the property
of the applicable content owner and may be protected by
applicable copyright law. This License gives you no rights
to such content. You acknowledge that the Software in
source code form remains a confidential trade secret of
Sequel Technology and/or its suppliers.

TERM (Trial Use Only)

If you are using the Software on a trial basis, this
license expires thirty (30) days after you have accepted
this Agreement. At such time, all of the features of the
Software will be disabled unless you license the Software
by registering with Sequel Technology Corporation. Upon
such registration, your use of the Software will continue
to be governed by the terms and conditions of this Agreement.

LIMITED WARRANTY
Sequel Technology Corporation warrants that the software
will perform substantially in accordance with the accompanying
written materials for a period of ninety (30) days from the
date of purchase. If, during the duration of the 30 day
warranty above you find the Software to be defective you
may return it to the point of purchase or to Sequel Technology
Corporation for a full refund.

LIMITATION OF WARRANTIES AND LIABILITY

A) EXCEPT FOR THE LIMITED WARRANTY ABOVE, SEQUEL MAKES NO
OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE AND IT IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED.

SEQUEL TECHNOLOGY CORPORATION MAKES NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR
INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE.
THE TRIAL VERSION OF THE SOFTWARE IS PROVIDED 'AS IS'
WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. YOU ASSUME ALL RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU AND NOT SEQUEL TECHNOLOGY CORPORATION ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

Sequel Technology Corporation does not warrant that the
operation of the Software will be uninterrupted or error
free or that the Software will meet your specific requirements.

B) SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

C) IN NO EVENT WILL SEQUEL TECHNOLOGY CORPORATION BE
LIABLE FOR LOSS OF DATA, LOST PROFITS, COST OF COVER,
OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL,
OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE
OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF
SEQUEL TECHNOLOGY CORPORATION OR AN AUTHORIZED DISTRIBUTOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO
EVENT WILL SEQUEL TECHNOLOGY CORPORATION'S LIABILITY EXCEED
THE AMOUNTS PAID FOR THE SOFTWARE. YOU ACKNOWLEDGE THAT THE
AMOUNTS PAID BY YOU FOR THE SOFTWARE REFLECT THIS ALLOCATION
OF RISK.

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

U.S.A. GOVERNMENT RESTRICTED RIGHTS. The Software and
documentation were developed at private  expense and are
provided with "Restricted Rights". Use, duplication, or
disclosure by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19, when
applicable, or in subparagraph c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS
252.227-7013, and in similar clauses in the NASA FAR
Supplement. Manufacturer is Sequel Technology Corporation,
Lincoln Executive Center Building III, 3245 146th Place S.E.,
Bellevue WA, 98007.

EXPORT LAWS
You agree that the Software is subject to restrictions and
controls imposed by the laws and regulations of the U.S.A.
and Canada, and any amendments thereof, and that your
distribution, export and re-export of the Software will
be in compliance with the laws, regulations, orders or
other restrictions imposed by applicable law.

GENERAL

A) This Agreement represents the complete Agreement
concerning the Software and supersedes all prior agreements
or discussions, oral or written. This Agreement, or any
part thereof, may not be amended or waived except by a
written amendment executed by you and one of Sequel
Technology Corporation's authorized signing officers.

B) Waiver. A waiver by either party of any term of this
Agreement will no be deemed a waiver of the term for the
future, or any subsequent breach of it.

C) Invalidity or Unenforceability. The invalidity or
unenforceability of any provision of this Agreement will not
affect the validity or enforceability of any other provision.
Such invalid or unenforceable provision shall be deemed to be
severed from this Agreement and the Agreement shall be
construed as if such provision was never inserted.

D) Governing Law. If you acquired this product in the U.S.A.,
this Agreement is governed by the laws of the State of
Washington and the U.S.A., as applicable excluding
their conflicts of law provisions.

E) Gender and Headings. In this Agreement, words importing
the singular include the plural and vice versa. The division
of this Agreement into sections and the insertion of headings
is for convenience of reference only and shall not affect the
construction or interpretation of this Agreement or any
part of it.

F) Language. This Agreement applies to non-English
language versions of the Software and is deemed to
be in the particular language of the Software.

All Sequel Technology Corporation product names are
trademarks or registered trademarks of Sequel Technology Corporation.

If you have any questions, please contact
Sequel Technology Corporation at the
following e-mail address: [e-mail].



Copyright (c) 1997 Sequel Technology Corporation All rights reserved.