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- ********************************
- * HERNE DATA SYSTEMS LTD. *
- * *
- * END USER LICENSE *
- * *
- * LICENSE.DOC *
- * (version 96-08-09) *
- ********************************
-
- This file provides details of the end user license for all Herne
- Data Systems Ltd. shareware products. Distribution terms and
- conditions are listed in the file VENDOR.DOC.
-
-
- -------
- >>>>>> GENERAL <<<<<<
- -------
-
- This Agreement represents the complete agreement concerning this
- license and may amended only by a writing executed by both
- parties. If any provision of this Agreement is held to be
- unenforceable, such provision shall be reformed only to the
- extent necessary to make it enforceable. This Agreement shall be
- governed by Ontario and Canadian law.
-
-
- NOTE:
- ----
- If the copy of the Software you received was
- accompanied by a printed or other form of "hard-copy"
- End User License Agreement produced by Herne Data
- Systems Ltd. whose terms vary from this Agreement, then
- the hard-copy End User License Agreement governs your
- use of the Software.
-
-
-
- TITLE
- -----
- Title, ownership rights, and intellectual property rights in the
- Software shall remain in Herne Data Systems Ltd. and/or its
- suppliers. The Software is protected by the copyright laws and
- treaties. Title and related rights in the content accessed
- through the Software is the property of the applicable content
- owner and may be protected by applicable law. This License gives
- you no rights to such content.
-
-
- TERMINATION
- -----------
- The license will terminate automatically if you fail to comply
- with the limitations described herein. On termination, you must
- destroy all copies of the Software and Documentation.
-
- --------
- >>>>>> WARRANTY <<<<<<
- --------
-
- Users of the Software must accept this disclaimer of warranty:
-
- "The Software is supplied as is. Herne Data Systems
- Ltd. disclaims all warranties, expressed or implied,
- including, without limitation, the warranties of
- merchantability and of fitness for any purpose. Herne
- Data Systems Ltd. assumes no liability for damages,
- direct or consequential, which may result from the use
- of the Software. Further, Herne Data Systems assumes
- no liability for losses caused by misuse or abuse of
- the Software. This responsibility rests solely with
- the end user."
-
- HIGH RISK ACTIVITIES
- --------------------
- The Software is not fault-tolerant and is not designed,
- manufactured or intended for use or resale in hazardous
- environments requiring fail-safe performance, such as in the
- operation of nuclear facilities, aircraft navigation or
- communication systems, air traffic control, direct life support
- machines, or weapons systems, in which the failure of the
- Software could lead directly to death, personal injury, or severe
- physical or environmental damage ("High Risk Activities"). Herne
- Data Systems Ltd. and its suppliers specifically disclaim any
- express or implied warranty of fitness for High Risk
- Activities.
-
- ----------------------
- >>>>>> SCOPE OF LICENSE GRANT <<<<<<
- ----------------------
-
- An individual user MAY:
- 1) Use the Software on any computer normally used by the
- individual;
-
- 2) Copy the Software for archival purposes or to give to other
- individual users for their evaluation, provided any copy
- must contain all of the original Software's proprietary
- notices. Evaluation copies given to other individual users
- must be complete with all of the files distributed with the
- original Software, as listed in the README.1ST text file.
- Such copies must be given to the recipient at no cost,
- except for a small nominal charge to recover the cost of the
- distribution medium (eg, floppy disk).
-
- 3) Use the Software for an initial 30 day evaluation period
- free of charge. If the individual continues to use the
- software after the evaluation period, then the individual
- must pay the registration fee or discontinue use of the
- Software.
-
- A Commercial, corporate or institutional user MUST:
- 1) Register and pay for their copies of Software within 30 days
- of first use or their license is withdrawn.
-
- A user MAY NOT:
- 1) Modify, translate, reverse engineer, decompile, disassemble,
- or create derivative works based on the Software;
-
- 2) Rent, lease, grant a security interest in, or otherwise
- transfer rights to the Software; or
-
- 3) Remove any proprietary notices or labels on the Software.
-
-
- -------------
- >>>>>> SITE LICENSES <<<<<<
- -------------
-
- When the Site License fee has been paid, the Commercial,
- corporate or institutional user MAY:
-
- 1) Use the Software on any computer owned by the Corporation or
- Institution located at the licensed site, or on any computer
- owned by the Corporation or Institution and used by an
- employee or agent normally based at the licensed site (eg. a
- portable or laptop computer).
-
- 2) Use the Software on a network, provided that each person or
- computer accessing the Software through the network comply
- with condition 1 above;
-
- 3) Copy the Software for archival purposes, provided any copy
- must contain all of the original Software's proprietary
- notices.
-
-
- ---------------------------
- >>>>>> U.S. GOVERNMENT INFORMATION <<<<<<
- ---------------------------
-
- Use, duplication, or disclosure by the U.S. Government of the
- computer software and documentation in any Herne Data Systems
- Ltd. shareware product shall be subject to the restricted rights
- applicable to commercial computer software as set forth in
- subdivision (b)(3)(ii) of the Rights in Technical Data and
- Computer Software clause at 252.227-7013 (DFARS 52.227-7013), and
- in similar clauses in the NASA FAR supplement.
- The contractor/manufacturer is: Herne Data Systems Ltd. PO Box
- 250, Tiverton, ON N0G 2T0, CANADA.
-
- ------------
- >>>>>> CONTACT INFO <<<<<<
- ------------
-
- Our mailing address is:
-
- Herne Data Systems Ltd.
- PO Box 250
- Tiverton, ON N0G 2T0
- CANADA
-
- Tel: Voice/FAX (519) 366-2732
-
- e-mail: hernedata@mail.bmts.com, or 72060.1153@compuserve.com
- WWW: http://ourworld.compuserve.com/homepages/herne_data
-
-
-
- -------------
- >>>>>> ASP OMBUDSMAN <<<<<<
- -------------
-
- _______
- ____|__ | (R)
- --| | |-------------------
- | ____|__ | Association of
- | | |_| Shareware
- |__| o | Professionals
- -----| | |---------------------
- |___|___| MEMBER
-
-
- This program is produced by a member of the Association of
- Shareware Professionals (ASP). ASP wants to make sure that the
- shareware principle works for you. If you are unable to resolve
- a shareware-related problem with an ASP member by contacting the
- member directly, ASP may be able to help. The ASP Ombudsman can
- help you resolve a dispute or problem with an ASP member, but
- does not provide technical support for members' products. Please
- write to the ASP Ombudsman at: 545 Grover Road, Muskegon, MI
- 49442 USA or send a Compuserve message via easyplex to ASP
- Ombudsman 70007,3536
-
-
- DEFINITION OF SHAREWARE
- -----------------------
- Shareware distribution gives users a chance to try software
- before buying it. If you try a Shareware program and continue
- using it after a reasonable evaluation period, you are expected
- to register. Individual programs differ on details -- some
- request registration while others require it, some specify a
- maximum trial period. With registration, you get anything from
- the simple right to continue using the software to an updated
- program with printed manual.
-
- Copyright laws apply to both Shareware and commercial software,
- and the copyright holder retains all rights, with a few specific
- exceptions as stated below. Shareware authors are accomplished
- programmers, just like commercial authors, and the programs are
- of comparable quality. (In both cases, there are good programs
- and bad ones!) The main difference is in the method of
- distribution. The author specifically grants the right to copy
- and distribute the software, either to all and sundry or to a
- specific group. For example, some authors require written
- permission before a commercial disk vendor may copy their
- Shareware.
-
-
- Shareware is a distribution method, not a type of software. You
- should find software that suits your needs and pocketbook,
- whether it's commercial or Shareware. The Shareware system makes
- fitting your needs easier, because you can try before you buy.
- And because the overhead is low, prices are low also. Shareware
- has the ultimate money-back guarantee -- if you don't use the
- product, you don't pay for it.
-