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-
- Please feel free to (i) upload this software to any electronic
- bulletin board, (ii) demonstrate the software and its capabilities
- or (iii) give copies to potential users, so that others may have
- the opportunity to obtain a copy for use in accordance with the
- license terms contained in this file...
-
-
- BUSINESS/INSTITUTION/GOVERNMENT LICENSE. If you are a business,
- institution or government agency, the first of the three licenses
- in this file pertains to you.
-
- SHAREWARE DISTRIBUTION LICENSE. If you are a shareware
- distributor, the second of the three licenses in this file pertains
- to you.
-
- HOME USER LICENSE. If you are an individual end user whose use is
- not on behalf of a business, organization or government agency, the
- third of the three licenses in this file pertains to you.
-
-
-
-
-
-
- BUSINESS/INSTITUTION/GOVERNMENT LICENSE
-
- NOTICE TO USERS ("COMPANY"): CAREFULLY READ THE FOLLOWING
- LEGAL AGREEMENT. COMPANY'S USE OF THIS SOFTWARE IS CONDITIONED UPON
- COMPLIANCE BY COMPANY WITH THE TERMS OF THIS AGREEMENT. THE
- SOFTWARE MAY BE EVALUATED FOR FIVE DAYS ON A ROYALTY FREE BASIS.
- CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY
- COMPANY OF THE NEGOTIATED LICENSE FEE SPECIFIED IN A CONFIRMATION
- LETTER FROM TESSLER.
-
- The Software may not be distributed by Company to any
- outside corporation, organization or government agency. This
- license authorizes Company to use the number of copies described in
- the confirmation letter from Tessler and for which Company has paid
- Tessler the negotiated license fee. If the confirmation letter
- from Tessler indicates that Company's license is "Corporate-Wide",
- this license will be deemed to cover copies duplicated and
- distributed by Company for use on any additional incremental
- machines purchased or leased by Company during the life of the
- product. If Company does not obtain a confirmation letter and pay
- the applicable license fee, this license expires at the end of the
- five day evaluation period.
-
- I. SINGLE POINT OF CONTACT. Support for Software bug reports
- and other product issues will be handled through a single point of
- contact within the Company. Company shall identify the contact
- individual when placing its order with Tessler or Tessler's
- Authorized Agent. There will be no charge for support of the
- Software when channeled through such individual. Support requests
- from other organizational areas will be billed at normal hourly
- support rates.
-
- II. EMPLOYEE HOME USE OPTION. In the case where Company is
- licensing more than 50 copies of the Software, Tessler will license
- the Software for home use by employees if requested by Company, in
- writing. The cost for this option is 50% of the standard site
- license fee for that number of employee home use machines.
-
- III. GENERAL TERMS.
-
- COPYRIGHT. The Software is protected by United States
- copyright laws and international treaty provisions. Company
- acknowledges that no title to the intellectual property in the
- Software is transferred to Company. Company further acknowledges
- that full ownership rights to the Software will remain the
- exclusive property of Tessler or its suppliers, and Company will
- not acquire any rights to the Software except as expressly set
- forth in this license. Company agrees that any copies of the
- Software made by Company will contain the same proprietary notices
- which appear on and in the Software.
-
- REVERSE ENGINEERING. Company agrees that it will not
- attempt, and will use its best efforts to prevent its employees
- from attempting to reverse compile, modify, translate or
- disassemble the Software in whole or in part.
-
-
-
-
-
-
- LIMITED WARRANTY. Tessler warrants that the Software will
- perform substantially in accordance with the accompanying
- documentation for a period of ninety (90) days from the date
- Tessler receives payment.
-
- COMPANY REMEDIES. If the Software does not conform to the
- limited warranty above ("Limited Warranty"), Tessler's entire
- liability and Company's sole and exclusive remedy shall be, at
- Tessler's option, either to (a) correct the error, (b) help Company
- work around or avoid the error or (c) authorize a refund, so long
- as the Software is destroyed by Company. The Limited Warranty is
- void if failure of the Software has resulted from accident, abuse,
- or misapplication. Any replacement Software will be warranted for
- the remainder of the original Limited Warranty period.
-
- NO OTHER WARRANTIES. TESSLER DOES NOT WARRANT THAT THE
- SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY
- ABOVE, TESSLER DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE
- SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS.
-
- 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.
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
- TESSLER OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR
- INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,
- PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF TESSLER HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
- TESSLER'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY
- OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY COMPANY.
-
- EXPORT. Company agrees that it will not export or
- re-export the Software to North Korea, Vietnam, Cuba, Iran or Iraq
- without the appropriate United States or foreign government
- licenses.
-
- GOVERNING LAW. This Agreement will be governed by the laws
- of the State of California as they are applied to agreements to be
- entered into and to be performed entirely within California. The
- United Nations Convention on Contracts for the International Sale
- of Goods is specifically disclaimed.
-
- ENTIRE AGREEMENT. This Agreement together with any Tessler
- confirmation letter constitute the entire agreement between Company
- and Tessler which supersedes any prior agreement, including any
- prior license from Tessler, or understanding, whether written or
- oral, relating to the subject matter of this Agreement. The terms
- and conditions of this Agreement shall apply to all orders
- submitted to Tessler and shall supersede any different or
- additional terms on purchase orders from Company.
-
-
-
-
-
-
- Should you have any questions concerning this license
- agreement, or if you desire to contact Tessler for any reason,
- please write: Tessler, 430 'A' Canyon Woods Place Suite A, San
- Ramon, Ca. 94583.
-
-
-
-
-
-
- TESSLER SHAREWARE DISTRIBUTION LICENSE
-
- NOTICE TO SHAREWARE DISTRIBUTORS ("DISTRIBUTOR"):
- CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. DISTRIBUTOR'S RIGHT
- TO DISTRIBUTE THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY
- DISTRIBUTOR WITH THE TERMS OF THIS AGREEMENT.
-
- 1. LICENSE GRANT. Tessler ("Tessler") grants to
- Distributor a nonexclusive, worldwide right to distribute the
- object code version of the Software as shareware. This license to
- distribute the Software is conditioned upon Distributor's
- compliance with the terms of this Agreement. Distributor will not
- copy the Software except as necessary to use it in accordance with
- this license, and Distributor is granted no right to modify or
- sub license the Software. All files of this Software must be
- distributed bundled together, with the Software .COM and .EXE files
- bundled with the LICENSE.DOC file. All Software
- distribution must be via diskettes (which are either write-
- protected or notch less) or electronic transmission (in which case
- the original archive file from Tessler must be used). Distributor
- is prohibited from installing copies of the Software on hard drives
- and distributing such hard drives.
-
- 2. NO SUB LICENSE FEE. Distributor may not charge
- its customers for the Software other than a nominal fee for the
- diskette.
-
- 3. COPYRIGHT. The Software is protected by United
- States copyright laws and international treaty provisions.
- Distributor acknowledges that no title to the intellectual property
- in the Software is transferred to Distributor. Distributor further
- acknowledges that full ownership rights to the Software will remain
- the exclusive property of Tessler or its suppliers, and Distributor
- will not acquire any rights to the Software except as expressly set
- forth in this license. Distributor agrees that any copies of the
- Software made by Distributor will contain the same proprietary
- notices which appear on and in the Software.
-
- 4. REVERSE ENGINEERING. Distributor agrees that it
- will not attempt, and will use its best efforts to prevent its
- employees from attempting to reverse compile, modify, translate or
- disassemble the Software in whole or in part.
-
- 5. LIMITED END USER WARRANTY. Tessler warrants the
- Software TO END USERS ONLY pursuant to the terms and conditions of
- the end user license and no warranty is extended to Distributor.
- In the event the Software does not conform to the limited warranty
- described in the end user license, Tessler will provide the end
- user with a solution in accordance with the terms of the end user
- license. Distributor agrees to provide Tessler with reasonable
- assistance in providing warranty assistance to end users.
-
-
-
-
-
-
- 6. NO OTHER WARRANTIES. TESSLER DOES NOT WARRANT
- THAT THE SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS WARRANTIES
- GRANTED TO THE END USER IN THE END USER LICENSE AGREEMENT, TESSLER
- DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER
- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
- OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON
- INFRINGEMENT OF THIRD PARTY RIGHTS.
-
- 7. 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.
-
- 8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO
- EVENT SHALL TESSLER OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL,
- INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
- DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF TESSLER HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 9. EXPORT. Distributor agrees that it will not
- export or re-export the Software to North Korea, Vietnam, Cuba,
- Iran or Iraq without the appropriate United States or foreign
- government licenses.
-
- 10. GOVERNING LAW. This Agreement will be governed by
- the laws of the State of California as they are applied to
- agreements to be entered into and to be performed entirely within
- California. The United Nations Convention on Contracts for the
- International Sale of Goods is specifically disclaimed.
-
- 11. ENTIRE AGREEMENT. This Agreement constitutes the
- entire agreement between Distributor and Tessler which supersedes
- any prior agreement, including any prior license from Tessler, or
- understanding, whether written or oral, relating to the subject
- matter of this Agreement.
-
- Should you have any questions concerning this license
- agreement, or if you desire to contact Tessler for any reason,
- please write: Tessler, 430 'A' Canyon Woods Place Suite A, San
- Ramon, Ca. 94583.
-
-
-
-
-
-
- TESSLER HOME USER LICENSE
-
- NOTICE TO HOME USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
- YOU MUST PROMPTLY REGISTER YOUR USE OF THE SOFTWARE PROVIDED WITH
- THIS AGREEMENT (THE "SOFTWARE") BY CONTACTING TESSLER WITH PAYMENT.
-
- 1. LICENSE GRANT. If you are a home user, Tessler grants
- to you, as an individual, a non-exclusive right to use one copy of
- the object code version of the SOFTWARE associated with this
- license for personal use on your computer. This license to use the
- SOFTWARE is conditioned upon your compliance with the terms of this
- Agreement. You are entitled to evaluate the software on a royalty
- free basis for five days. Use after the five day evaluation period
- is further conditioned upon payment of the license fee specified in
- the program's help screen. You agree you will only copy the
- SOFTWARE as necessary to use it in accordance with this license.
-
- 2. 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 Tessler or its suppliers, 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.
-
- 3. REVERSE ENGINEERING. You agree that you will not
- attempt to reverse compile, modify, translate, or disassemble the
- SOFTWARE in whole or in part.
-
- 4. LIMITED WARRANTY. Tessler warrants that the SOFTWARE
- will perform substantially in accordance with the accompanying
- written materials for a period of ninety (90) days from the date of
- purchase. Any implied warranties relating to the SOFTWARE are
- limited to ninety (90) days.
-
- 5. CUSTOMER REMEDIES. If the SOFTWARE does not conform to
- the limited warranty in Section 4 above ("Limited Warranty"),
- Tessler's entire liability and your sole and exclusive remedy shall
- be, at Tessler's option, either to (a) correct the error or (b)
- help you work around or avoid the error. The Limited Warranty is
- void if failure of the SOFTWARE has resulted from accident, abuse,
- or misapplication. Any replacement SOFTWARE will be warranted for
- the remainder of the original Limited Warranty period.
-
- 6. NO OTHER WARRANTIES. TESSLER DOES NOT WARRANT THAT THE
- SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN
- SECTION 4 ("LIMITED WARRANTY"), TESSLER DISCLAIMS ALL OTHER
- WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED,
- INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF THIRD
- PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
- IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
- MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
-
-
-
-
-
-
- CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
- NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS
- AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
- JURISDICTION.
-
- 7. 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.
-
- 8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT
- SHALL TESSLER 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 TESSLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. IN NO EVENT WILL TESSLER'S LIABILITY FOR ANY CLAIM,
- WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED
- THE LICENSE FEE PAID BY YOU, IF ANY.
-
- 9. GOVERNING LAW. This license will be governed by the
- laws of the State of California as they are applied to agreements
- between California residents entered into and to be performed
- entirely within California. The United Nations Convention on
- Contracts for the International Sale of Goods is specifically
- disclaimed.
-
- 10. ENTIRE AGREEMENT. This is the entire agreement between
- you and Tessler which supersedes any prior agreement or
- understanding, whether written or oral, relating to the subject
- matter of this license.
-
- Should you have any questions concerning this license
- agreement, or if you desire to contact Tessler for any reason,
- please write: Tessler, 430 'A' Canyon Woods Place Suite A, San
- Ramon, Ca. 94583.
-
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