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- LOGISTRAL INC. ˘ SHAREWARE LICENCE
-
- When used in this Licence:
-
- "We" and the "Author" mean "Logistral, Inc.". The "Trademark" means the
- mark "Apropos". The "Software" means the program and related text files
- and printed materials distributed by the Author under the Trademark.
-
- This Shareware Licence gives you a limited period to evaluate the
- Software. It also tells you how you can use the Software after the
- evaluation period ends, and *encourages* you to distribute it so that
- others can evaluate it. By using, evaluating, copying, uploading, giving
- away, displaying or distributing the Software, you agree to all of the
- terms, conditions and disclaimers in this Licence.
-
- OWNERSHIP
-
- The Author owns, or has licenced from the owner, all copyrights and
- trade secrets in the Software, and owns the Trademark under which it
- distributes the Software. Among other things, this means:
-
- [1] The Software is not public domain software and is not free. Your
- rights to it are only those provided by this Licence.
-
- [2] The rights granted by this Licence are on the condition that you
- will not modify, reverse compile, disassemble, or reverse engineer the
- Software, in order to use or disclose any secret information of the
- Author that it contains.
-
- HOW AND WHY TO REGISTER
-
- You may evaluate the Software for 30 days after you first run any part
- of it on a computer.
-
- To use the Software after your evaluation period ends, you must register
- your use of the Software by completing the USER REGISTRATION FORM and
- sending it to an authorized agent together with the registration fee it
- indicates.
-
- As a registered user of the Software, you have the right to use the
- Software "just like a book". This means you and any number of people
- can use it, and it can be used on any number of machines, so long as --
- just like a book -- there is NO POSSIBILITY that more than one copy will
- be used at a time. Please contact us to learn about our special rates
- for site and multiple user licences.
-
- Use of the Software beyond the trial period is copyright infringement
- unless you register and pay us the registration fee. Such use also
- threatens the continuation of the shareware revolution, which has
- benefitted users by its "try before you buy" philosophy and by slowing
- increases in software prices. Shareware enables hardworking shareware
- authors who don't have the marketing resources of a large software
- company to market some of the best and most innovative software to be
- found anywhere. SHAREWARE IS GOOD FOR YOU -- IF YOU LIKE THE SOFTWARE,
- PLEASE REGISTER YOUR COPY OF IT!
-
- YOU WANT TO UPLOAD THE SOFTWARE
-
- You have the right (and are encouraged!) to upload the Software to
- bulletin boards.
-
- IF YOU ARE A SYSOP
-
- You have the right to permit copies of the Software to be made
- electronically from computer bulletin boards.
-
- IF YOU ARE A SHAREWARE DISK VENDOR
-
- Since how Shareware authors and Shareware Disk Vendors do business
- effects both of their business reputations, we believe they should have
- a cooperative and mutually supportive relationship. Accordingly, we
- grant Shareware Disk Vendors the right to distribute the Software
- subject to their completion of the VENDOR APPLICATION FORM, and our
- return to them, in our discretion, of a copy of the Form signed by us.
- By this procedure, the Vendor and Author confirm their agreement to this
- Licence, including to the following mutual obligations and terms:
-
- [1] *Obligations of the Author*. The Author shall provide to Shareware
- Disk Vendors:
-
- [A] New releases of the Software;
-
- [B] Accurate descriptions of the important features of the Software;
-
- [C] Accurate descriptions of the hardware prerequisites of the
- Software; and
-
- [D] A recommendation as to the appropriate product classification of
- the Software for catalogue and advertising purposes.
-
- [2] *Obligations of Vendors*. Shareware Disk Vendors agree to:
-
- [A] Market the Software as shareware using the words "try before you
- buy" or words of similar meaning, and not to misleadingly market it or
- label it as fully-paid software;
-
- [B] Endeavor, to the extent practicable, to sell only the most
- current version of the Software that the Author provides;
-
- [C] Make distribution copies of the Software only from master copies
- received directly from the Author or an authorized agent and only
- using high quality disks, labels, and software duplication technology;
- and
-
- [D] Hold the Author, its employees and agents harmless from damage,
- loss and expense arising directly and indirectly from the Vendor's
- acts and omissions in copying and distributing the Software;
-
- VENDOR SPECIFIC DISTRIBUTION RULES
-
- Sales of the Software on racks and on CD-ROM are strictly prohibited.
-
- GENERAL DISTRIBUTION RULES
-
- All Software distributed hereunder must be distributed in complete,
- unaltered form. Among other things, this means *no* distribution is
- authorized hereunder unless it contains all of the Software's files,
- including its text, order forms and documentation files, each in their
- original form.
-
- DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES
-
- [1] THE SOFTWARE IS PROVIDED TO ALL WHO RECEIVE IT "AS-IS". NO
- WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY
- MEDIUM IT MAY BE ON, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
-
- [2] ALL WHO RECEIVE THE SOFTWARE HAVE NO REMEDY FOR INDIRECT,
- CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM THE SOFTWARE
- DIRECTLY OR INDIRECTLY, INCLUDING SUCH FROM NEGLIGENCE, STRICT
- LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN FROM A PERSON WHO HAS
- NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
-
- Some jurisdictions do not allow disclaimers of implied warranties or the
- exclusion of consequential damages, so the above disclaimers and
- exclusions may not apply to you.
-
- RESERVATION OF RIGHTS
-
- All of the Author's right, title and interest in and to the Software and
- the Trademark not expressly granted herein are reserved exclusively by
- the Author. These include, without limitation, the Author's rights to,
- in its sole discretion, terminate the distribution rights granted by it
- hereunder, and to alternatively or simultaneously market the Software
- other than as shareware. Authorization is not granted by this Licence
- to rent or lease the Software, or to sell it as part of any hardware or
- software package.
-
- HOW THIS LICENCE ENDS AND WHAT HAPPENS WHEN IT DOES
-
- [1] THE RIGHT TO UPLOAD the Software to a bulletin board automatically
- EXPIRES at the end of December 31, 1994. If you wish to upload the
- program after that date, please contact us! We will be pleased to tell
- you about the latest version of the program and its licensing terms.
-
- [2] THE RIGHT OF REGISTERED USERS to use the Software is perpetual.
-
- [3] THE RIGHTS OF BULLETIN BOARD SYSOPS and SHAREWARE DISK VENDORS TO
- DISTRIBUTE THE SOFTWARE are perpetual. Each are, however, subject to an
- obligation to cease such distribution reasonably promptly upon a request
- by the Author. If the Vendor has and continues to honor this Licence,
- the Vendor may, after such a request to cease, distribute copies of the
- Software that the Vendor has in stock.
-
- [4] Expiration or termination of this Licence or your rights hereunder
- does not terminate your obligations hereunder to honor the Author's
- rights in and to the Software, and to hold the Author harmless.
-
- MISCELLANEOUS
-
- This Agreement [A] shall be governed in all respects by the laws of the
- Province of Quebec as to its validity, construction and performance,
- without giving effect to the choice of law provisions thereof; [B]
- constitutes the entire agreement of the parties as to its subject matter
- and merges and supersedes all prior discussions, agreements, and
- understandings; and [C] may not be modified orally. With respect to
- every matter arising under this Agreement, the parties consent to the
- exclusive jurisdiction and venue of the provincial and federal courts
- sitting in Quebec City, Province of Quebec and to service by certified
- mail, return receipt requested.
-
- Logistral, Inc. is a member of the Software Publishers Association (SPA).
-