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- Document rev. 3.0 /November 15.1992 /07:00 GMT (C) Copyright 1992 Hamarsoft (R)
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- Hamarsoft License Agreement
- ___________________________
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-
- Hamarsoft Software License, Limited Warranty and Nondisclosure Agreement
- ========================================================================
-
- This legal document is an agreement between you, the end user, and Hamarsoft.
- By using the accompanied software programs you agree to be bound by the terms
- of this agreement, which includes the HAMARSOFT SOFTWARE LICENSE,
- LIMITED WARRANTY, NONDISCLOSURE AGREEMENT and ACKNOWLEDGEMENT.
-
- If you do not agree with the terms in this document, do not use the software
- and delete it from your disk(s).
- In order to preserve and protect Hamarsoft's rights, Hamarsoft does not sell
- any rights in Hamarsoft SOFTWARE. Instead, Hamarsoft grants the right to use
- Hamarsoft SOFTWARE by means of a software license. Hamarsoft specifically
- retains all rights with regard to and ownership of all Hamarsoft computer
- software.
-
- HAMARSOFT SOFTWARE LICENSE
- ==========================
-
- 1. Grant of license
- -------------------
- In consideration of payment of the license fee which is part of the price
- you paid for this product, and your agreement to abide by the terms and
- conditions of this license and the limited warranty, or,
- in case you are allowed to use this product and/or its accompanying
- materials on a trial basis as is the case with "Publicly Distributed"
- versions of Hamarsoft software, in consideration of your agreement to
- abide by the terms and conditions of this license and the limited
- warranty, assuming you will pay for this product within 30 days after
- receiving it, Hamarsoft, as licensor, grants you, the licensee,
- a nonexclusive right to use and display this copy of the Hamarsoft software
- program, hereafter referred to as the software, on a single computer, that
- is with a single CPU, at a single location as long as you comply with the
- terms of this license. Hamarsoft reserves all rights not expressly granted to
- the licensee.
-
-
- 2. Ownership of software
- ------------------------
- As the licensee, you own the recording and/or other media which were sent
- to you by Hamarsoft on which the software is originally or subsequently
- recorded or fixed. But an express condition of this license is, that
- Hamarsoft retains all rights with regard to and ownership of the software
- recorded on the original disk(s) and all subsequent copies of the software,
- regardless of the form or media in or on which the original and other copies
- may exist. This includes software which was obtained by electronic means.
- This license is not a sale or transfer of any kind of the original software or
- any copy.
-
-
- 3. Copy restrictions
- --------------------
- This software and the accompanying written materials, including this license
- agreement are copyrighted and registered. Unauthorized copying of the
- software, including software which has been modified, merged, or included with
- other software, or of the written accompanying materials is expressly
- forbidden. You may be held legally responsible for any copyright infringement
- which is caused or encouraged by your failure to abide by the terms of this
- license.
- Subject to the restrictions above, you may make one (1) copy of the registered
- software for backup purposes solely. You must reproduce and include the
- copyright notice on the backup copy.
-
-
- 4. Use restrictions
- -------------------
- You may distribute "Publicly Distributed" versions of Hamarsoft software by
- electronic or other means for as long as it and its accompanying materials,
- if any, are not sold, are not bundled as part of a package, are distributed
- with this license agreement and all other accompanying materials and files
- and all other provisions as set forth in this document are met.
-
- You are expressly forbidden to modify, adapt, translate, reverse-engineer,
- decompile or disassemble the software or make derivative works based on the
- software. You may not modify, adapt, or translate the accompanying written
- or non-written materials or create derivative works based on the accompanying
- written or non-written materials.
-
-
-
- 5. Transfer restrictions
- ------------------------
- This software is licensed only to you, the licensee, and may not be transferred
- to anyone else without the prior written consent of Hamarsoft. Any authorized
- transferee of the software shall be bound by the terms of this license and
- limited warranty. In no event may you transfer, assign, rent, lease, sell
- or otherwise dispose of the software on a temporary or permanent basis, except
- as expressly provided herein.
-
-
- 6. Termination
- --------------
- This license is effective until terminated. This license will terminate
- automatically without notice from Hamarsoft if you fail to comply with any
- provisions of this license. Upon termination, you shall destroy the written and
- non-written materials and the software, including all copies made thereof, if
- any.
-
-
-
- 7. Miscellaneous
- ----------------
- Any dispute which might arise between the licensee and the licensor will be
- handled by a court of Hamarsoft's choice. Such a court need not be a local
- court. This license shall benefit Hamarsoft and any of its appointed
- successors and assigns.
-
-
- LIMITED WARRANTY (disclaimer of warranty)
- =========================================
- The software and accompanying written materials (printed or non-printed),
- including instructions on how-to-use, are provided "as-is" without warranty
- of any kind. Further, Hamarsoft does not warrant, guarantee or make any
- representations regarding the use, or the results of use, of the software or
- written materials in terms of correctness, accuracy, reliability, currentness
- or otherwise. The entire risk as to the results and performance of the software
- is assumed by you. If the software or written materials are defective, you,
- and not Hamarsoft or any of its dealers, distributors, agents or employees
- assume the entire cost of all necessary servicing, repair or correction.
-
- Hamarsoft warrants that, if the licensee received media directly originating
- from Hamarsoft, containing Hamarsoft products, these media are free from
- defects in material and workmanship under normal use and service for a period
- of ninety days (90 days) from the date of delivery as is evidenced by postal
- stamp. Hamarsoft hereby limits any implied warranties to any media to the
- period as stated above.
-
- Hamarsoft's entire liability and your exclusive remedy as to the disk(s) or
- other media shall be, at Hamarsoft's option, either (a) return of the purchase
- price or (b) replacement of the disk or other media which does not meet
- Hamarsoft's Limited Warranty and which is returned to Hamarsoft postage
- prepaid with a copy of the invoice. If failure of the disk or other media has
- resulted from accident, abuse or misapplication, Hamarsoft shall have no
- responsibility to replace the media or refund the purchase price. In the
- event of replacement of any media, the replacement media will be warranted
- for the remainder of the original warranty period or thirty (30) days,
- whichever is the longer.
-
- The above is the only warranty of any kind, either express or implied,
- statutory or otherwise,including but not limited to the implied warranties
- of merchantability and fitness for a particular purpose that is made by
- Hamarsoft on this Hamarsoft product. No oral or written information or advice
- given by Hamarsoft, its dealers, distributors, agents or employees shall create
- a warranty or in any way increase the scope of this warranty and you may not
- rely on such information or advice. The warranty gives you specific legal
- rights. You may have other rights which vary from state to state and from
- country to country.
- Neither Hamarsoft or anyone else who has been involved in the creation,
- production or delivery of this product shall be liable for any direct, indirect
- consequential, or incidental damages (including, but not limited to, damages
- through loss of business profits, business interruption, loss of business or
- private information, and the like), arising out of the use or inability to use
- this product, even if Hamarsoft has been advised of the possibility of such
- damages.
-
- ------------------------------------------------------------------------------
- NONDISCLOSURE AGREEMENT
- =======================
-
- This software incorporates certain technological innovations which are secret
- and may have been patented. Should you find out either on purpose or by
- accident about the internal operation of the software, you agree to inform
- Hamarsoft of this fact without delay. You are expressly forbidden to share any
- knowledge you may have about the internal operation of the software with
- others. Furthermore, you agree not to incorporate or propagate these
- innovations in any form for whatever purpose whether for profit or not.
- Should the Hamarsoft Software License terminate for whatever reason while you
- have knowledge of the internal operation of the software, you agree to remain
- bound by the terms of this nondisclosure agreement.
- ------------------------------------------------------------------------------
-
-
- ACKNOWLEDGEMENT
- ===============
-
- You acknowledge that you have read this HAMARSOFT SOFTWARE LICENSE, LIMITED
- WARRANTY and NONDISCLOSURE AGREEMENT, understand them and agree to be bound
- by their terms and conditions. You also agree that the HAMARSOFT SOFTWARE
- LICENSE, LIMITED WARRANTY and NONDISCLOSURE AGREEMENT are the complete and
- exclusive statement of agreement between the parties and supersede all
- proposals or prior agreement oral or written, and any other communications
- between the parties relating to the subject matter of the HAMARSOFT SOFTWARE
- LICENSE, LIMITED WARRANTY and NONDISCLOSURE AGREEMENT.
-