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license.txt
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1996-06-28
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SOFTWARE LICENSE
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE
SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO
NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO
THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.
1. License. The application, demonstration, system and other software
accompanying this License, whether on disk, in read only memory, or on any other
media (the "Software") the related documentation and fonts are licensed to you by
the Association for Computing Machinery, Inc. "ACM". You own the disk on which
the Software and fonts are recorded but the Association for Computing Machinery,
Inc. "ACM" and/or the Association for Computing Machinery, Inc. "ACM"'s Licensors
retain title to the Software, related documentation and fonts. This License
allows you to use the Software and fonts on a single Apple computer and make one
copy of the Software and fonts in machine-readable form for backup purposes only.
You must reproduce on such copy the Association for Computing Machinery, Inc.
"ACM" copyright notice and any other proprietary legends that were on the
original copy of the Software and fonts. You may also transfer all your license
rights in the Software and fonts, the backup copy of the Software and fonts, the
related documentation and a copy of this License to another party, provided the
other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions. The Software contains copyrighted material, trade secrets and
other proprietary material. In order to protect them, and except as permitted by
applicable legislation, you may not decompile, reverse engineer, disassemble or
otherwise reduce the Software to a human-perceivable form. You may not modify,
network, rent, lease, loan, distribute or create derivative works based upon the
Software in whole or in part. You may not electronically transmit the Software
from one computer to another or over a network
3. Termination. This License is effective until terminated. You may terminate
this License at any time by destroying the Software, related documentation and
fonts and all copies thereof. This License will terminate immediately without
notice from the Association for Computing Machinery, Inc. "ACM" if you fail to
comply with any provision of this License. Upon termination you must destroy the
Software, related documentation and fonts and all copies thereof. 4. Export Law
Assurances. You agree and certify that neither the Software nor any other
technical data received from the Association for Computing Machinery, Inc. "ACM",
nor the direct product thereof, will be exported outside the United States
except as authorized and as permitted by the laws and regulations of the United
States. If the Software has been rightfully obtained by you outside of the United
States, you agree that you will not re-export the Software nor any other
technical data received from the Association for Computing Machinery, Inc. "ACM"
, nor the direct product thereof, except as permitted by the laws and regulations
of the United States and the laws and regulations of the jurisdiction in which
you obtained the Software.
5. Government End Users. If you are acquiring the Software and fonts on behalf of
any unit or agency of the United States Government, the following provisions
apply. The Government agrees: (i) if the Software and fonts are supplied to the
Department of Defense (DoD), the Software and fonts are classified as "Commercial
Computer Software" and the Government is acquiring only "restricted rights" in
the Software, its documentation and fonts as that term is defined in Clause
252.227-7013(c)(1) of the DFARS; and (ii) if the Software and fonts are supplied
to any unit or agency of the United States Government other than DoD, the
Government's rights in the Software, its documentation and fonts will be as
defined in Clause 52.22719(c)(2) of the FAR or, in the case of NASA, in Clause
18-52.227-86(d) of the NASA Supplement to the FAR.
6. Limited Warranty on Media. the Association for Computing Machinery, Inc. "ACM"
warrants the diskettes and/or compact disc on which the Software and fonts are
recorded to be free from defects in materials and workmanship under normal use
for a period of ninety (90) days from the date of purchase as evidenced by a copy
of the receipt. the Association for Computing Machinery, Inc. "ACM" 's entire
liability and your exclusive remedy will be replacement of the diskettes and/or
compact disc not meeting the Association for Computing Machinery, Inc. "ACM" 's
limited warranty and which is returned to the Association for Computing
Machinery, Inc. "ACM" or an the Association for Computing Machinery, Inc. "ACM"
authorized representative with a copy of the receipt. the Association for
Computing Machinery, Inc. "ACM" will have no responsibility to replace a
disk/disc damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON
THE DISKETTES AM)/OR COMPACT DISC, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranty on Apple Software. You expressly acknowledge and agree
that use of the Software and fonts is at your sole risk. The Software, related
documentation and fonts are provided "AS IS" and without warranty of any kind and
the Association for Computing Machinery, Inc. "ACM" and the Association for
Computing Machinery, Inc. "ACM" 's Licensor(s) (for the purposes of provisions 7
and 8, the Association for Computing Machinery, Inc. "ACM" and the Association
for Computing Machinery, Inc. "ACM" 's Licensor(s) shall be collectively referred
to as "the Association for Computing Machinery, Inc. "ACM" ") EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. the
Association for Computing Machinery, Inc. "ACM" DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE SOFTWARE AND THE FONTS WILL BE CORRECTED. FURTHERMORE, the Association for
Computing Machinery, Inc. "ACM" DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND FONTS OR RELATED
DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY the Association for Computing
Machinery, Inc. "ACM" OR AN [ LICENSEE NAME] AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU (AM) NOT the Association for Computing Machinery,
Inc. "ACM" OR AN the Association for Computing Machinery, Inc. "ACM" AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL
the Association for Computing Machinery, Inc. "ACM" BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE
SOFTWARE OR RELATED DOCUMENTATION, EVEN IF the Association for Computing
Machinery, Inc. "ACM" OR AN the Association for Computing Machinery, Inc. "ACM"
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS 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. In no event shall the Association for Computing Machinery, Inc.
"ACM" 's total liability to you for all damages, losses, and causes of action
(whether in contract, tort (including negligence) or otherwise)- exceed the
amount paid by you for the Software and fonts.