home *** CD-ROM | disk | FTP | other *** search
- SHRINK-WRAP LICENSE AGREEMENT FOR PRINTVB
-
-
- READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
- INSTALLING THE PROGRAM (PRINTVB), THE COMPUTER SOFTWARE THEREIN, AND THE
- ACCOMPANYING USER DOCUMENTATION (THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED AND
- LICENSED (NOT SOLD). BY OPENING THE PACKAGE CONTAINING THE PROGRAM OR INSTALLING
- THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE
- AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING
- THE PROGRAM BETWEEN YOU AND KYLE S. BRANT HIS ASSIGNORS OR ASSIGNS
- (HEREINAFTER REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL,
- REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
-
- 1. License Grant. LICENSOR hereby grants to you, and you accept, a
- non-exclusive license to use the Program or Program Diskettes and the computer
- programs contained therein (collectively referred to as the "Software"), and the
- accompanying User Documentation, only as authorized in this License Agreement.
- The Software may be installed on more than one computer by the licensee but may
- be executed on only one of such computers at any moment in time. The computer
- must be owned, leased, or otherwise controlled by you; or in the event of the
- inoperability of that computer, on a backup computer selected by you. Neither
- concurrent use on two or more computers nor use in a local area network or other
- network is permitted without separate written authorization and the payment of
- other license fees. You agree that you will not assign, sublicense, transfer,
- pledge, lease, rent, or share your rights under this License Agreement.
-
- Upon loading the Software into your computer, you may retain the Program
- Diskettes for backup purposes. In addition, you may make one copy of the
- Software on a second set of diskettes (or on cassette tape) for the purpose of
- backup in the event the Program Diskettes are damaged or destroyed. Any such
- copies of the Software shall include Licensor's copyright and other proprietary
- notices. Except as authorized under this paragraph, no copies of the Program or
- any portions thereof may be made by you or any person under your authority or
- control. The only exception to the above is made in the event the shareware
- distribution file containing all of the files originally distributed by the
- licensee/author is made available on a BBS or on-line service.
-
- 2. Licensor's Rights. You acknowledge and agree that the Software is a
- proprietary product of LICENSOR protected under U.S. copyright law. You further
- acknowledge and agree that all right, title, and interest in and to the Program,
- including associated intellectual property rights, are and shall remain with
- LICENSOR. This License Agreement does not convey to you an interest in or to the
- Program, but only a limited right of use revocable in accordance with the terms
- of this License Agreement.
-
- 3. License Fees. The license fees paid by you are paid in
- consideration of the licenses granted under this License Agreement.
-
- 4. Term. This License Agreement is effective upon your opening of this
- package or installing the software and shall continue until terminated. You may
- terminate this License Agreement at any time by deleting the Program from all
- systems where it is installed and destroying all copies thereof. LICENSOR may
- terminate this License Agreement upon the breach by you of any term hereof. Upon
- such termination by LICENSOR, you agree to return to LICENSOR the Program and
- all copies and portions thereof.
-
- 5. Limited Warranty. LICENSOR warrants, for your benefit alone, for a
- period of 90 days from the date of commencement of this License Agreement
- (referred to as the "Warranty Period") that the Program Diskettes in which the
- Software is contained are free from defects in material and workmanship.
- LICENSOR further warrants, for your benefit alone, that during the Warranty
- Period the Program shall operate substantially in accordance with the functional
- specifications in the HELP file. If during the Warranty Period, a defect in the
- Program appears, you may return the Program to LICENSOR for either replacement
- or, if so elected by LICENSOR, refund of amounts paid by you under this License
- Agreement. You agree that the foregoing constitutes your sole and exclusive
- remedy for breach by LICENSOR of any warranties made under this Agreement.
- EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE SOFTWARE
- CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL
- OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
- IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
-
- 6. Limitation of Liability. Licensor's cumulative liability to you or
- any other party for any loss or damages resulting from any claims, demands, or
- actions arising out of or relating to this Agreement shall not exceed the
- license fee paid to LICENSOR for the use of the Program. In no event shall
- LICENSOR be liable for any indirect, incidental, consequential, special, or
- exemplary damages or lost profits, even if LICENSOR has been advised of the
- possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR
- EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
- LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
-
- 7. Governing Law. This License Agreement shall be construed and
- governed in accordance with the laws of the State of Indiana.
-
- 8. 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.
-
- 9. Severability. 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.
-
- 10. No Waiver. The failure of either party to enforce any rights
- granted hereunder or to take action against the other party in the event of any
- breach hereunder shall not be deemed a waiver by that party as to subsequent
- enforcement of rights or subsequent actions in the event of future breaches.
-
-
-
-