Copyright 1995, 1996, Macination Technologies, Eric Zelenka
1. Distribution of Eric's Bookmarks. Eric's Bookmarks, documentation, data, and license agreement are distributed by the Author in an archive or floppy disk (the archive) comprising the complete Eric's Bookmarks distribution. You are authorized to redistribute this unmodified archive for evaluation purposes only. Extracting the Eric's Bookmarks Software and/or data from the archive constitute acceptance of the license agreement.
2. Evaluation of Eric's Bookmarks. You are granted a period of 30 days from the receipt of the Eric's Bookmarks and data to evaluate Eric's Bookmarks. At the end of the 30 day evaluation period, you must agree to the Eric's Bookmarks License Agreement and purchase the Eric's Bookmarks license from the author, or destroy all copies of Eric's Bookmarks and data.
3. Individual, Educational, Commercial, and Government User License Costs. Eric's Bookmarks, documentation, and data must be licensed from the Author or an authorized representative of the Author. Federal, state, and local government entities, commercial organizations, educational institutions, and individuals may license Eric's Bookmarks and data at the rates specified at Eric's Bookmarks shareware payment page.
4. A Single CPU license allows the user to install and use Eric's Bookmarks and data on one computer.
5. Support and Upgrades. Technical support for Eric's Bookmarks will be provided via electronic mail. Upgrades to Eric's Bookmarks will be provided to licensed users of Eric's Bookmarks.
Copyright 1995, 1996, Macination Technologies, Eric Zelenka
PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING ERIC'S BOOKMARKS. BY DOWNLOADING, INSTALLING, AND/OR 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, YOU ARE NOT AUTHORIZED TO DOWNLOAD, INSTALL, AND/OR USE THIS SOFTWARE.
1. License. Eric's Bookmarks, data, and other software accompanying this License, whether on disk, in read only memory, or on any other media or networked storage device ("Eric's Bookmarks"), the related documentation and data (the “data”) are licensed to you by Macination Technologies (the “Author”). You own the disk on which Eric's Bookmarks and data are recorded but the Author and/or the Author’s Licensor(s) retain title to Eric's Bookmarks, related documentation and data. This License allows you to install and use Eric's Bookmarks and data on a single computer and make one copy of Eric's Bookmarks and data in machine-readable form for backup purposes only. You must reproduce on such copy the Author’s copyright notice and any other proprietary legends that were on the original copy of Eric's Bookmarks and data. You may also transfer all your license rights in Eric's Bookmarks and data, the backup copy of Eric's Bookmarks and data, 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. Eric's Bookmarks and data contains copyrighted material, and other proprietary material and in order to protect them you may not export, reverse engineer, disassemble or otherwise reduce Eric's Bookmarks Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based uponEric's Bookmarks in whole or in part. You may not electronically transmit the licensed Eric's Bookmarks 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 Eric's Bookmarks, related documentation and data and all copies thereof. This License will terminate immediately without notice from the Author if you fail to comply with any provision of this License. Upon termination you must destroy Eric's Bookmarks, related documentation and data and all copies thereof.
4. Export Law Assurances. You agree and certify that neither Eric's Bookmarks nor any other technical data received from the Author, 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 MacHTTP Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export Eric's Bookmarks nor any other technical data received from the Author, 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 Eric's Bookmarks.
5. Government End Users. If you are acquiring Eric's Bookmarks and data on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:
(i) if Eric's Bookmarks and data are supplied to the Department of Defense (DoD),Eric's Bookmarks and data are classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in Eric's Bookmarks, its documentation and data as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and
(ii) if Eric's Bookmarks and data are supplied to any unit or agency of the United States Government other than DoD, the Government's rights in Eric's Bookmarks, its documentation and data will be as defined in
Clause 52.227-19(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. Disclaimer of Warranty on Eric's Bookmarks. You expressly acknowledge and agree that use of Eric's Bookmarks and data is at your sole risk. Eric's Bookmarks, related documentation and data are provided AS IS and without warranty of any kind and the Author and the Author's Licensor(s) (for the purposes of provisions 6 and 7, the Author and the Author's Licensor(s) shall be collectively referred to as "the Author") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ERIC'S BOOKMARKS WILL MEET YOUR REQUIREMENTS,OR THAT THE OPERATION OF ERIC'S BOOKMARKS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ERIC'S BOOKMARKS AND THE DATA WILL BE CORRECTED. FURTHERMORE, THE AUTHOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ERIC'S BOOKMARKS AND DATA OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR OR A REPRESENTATIVE AUTHORIZED BY THE AUTHOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD ERIC'S BOOKMARKS PROVE DEFECTIVE, YOU (AND NOT THE AUTHOR OR A REPRESENTATIVE AUTHORIZED BY THE AUTHOR) 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.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL THE AUTHOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE ERIC'S BOOKMARKS OR RELATED DOCUMENTATION AND DATA, EVEN IF THE AUTHOR OR AN AUTHORIZED REPRESENTATIVE OF THE AUTHOR 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 Author’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 Eric's Bookmarks and data.
8. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of Oregon, as applied to agreements entered into and to be performed entirely within Oregon between Oregon residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of Eric's Bookmarks, related documentation and data, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will
be binding unless in writing and signed by the Author or a duly authorized representative of the Author.
