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1996-04-21
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EOS SYSTEMS LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE USING OR
INSTALLING ANY OF THE PRODUCT. BY USING THE PRODUCT YOU INDICATE YOUR
ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE
TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE ANY PORTION OF THE
PRODUCT; PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE YOU OBTAINED
IT.
DEFINITIONS
The following definitions apply to the terms as they appear in this
agreement.
* "Eos" means Eos Systems Inc.
* "Software" means the computer programs contained in this package,
whether the package be data files or a physical item, and
all updates to the computer programs. The term also includes all
copies of any part of the computer programs.
* "Documentation" means the user manual, in electronic or printed form,
and other printed materials accompanying the Software.
* "Product" means the Software and Documentation.
COPYRIGHT/PROPRIETARY PROTECTION
The Product is owned by Eos and is protected by Canadian and
international copyright laws and international trade provisions. You
must treat the Product like any other copyrighted material. This
license and your right to use the Product terminate automatically if
you violate any part of this agreement. In the event of termination,
you must immediately destroy all copies of the Product or return them
to Eos.
LICENSE GRANT
Eos grants you a non-exclusive license to:
a) Use one copy of the Software on a single computer ("Dedicated
Computer").
b) Make one copy of the Software for archival purposes, or copy the
Software onto the hard disk of your computer and retain the original
for archival purposes.
c) After written notification to Eos and subsequent approval in writing
by Eos, transfer the entire Product on a permanent basis to another
person or entity, provided you retain no copies of the Product and
the transferee agrees to the terms of this agreement.
For the purposes of this agreement, "use" means loading the Software
into RAM, as well as installation on a hard disk or other storage
device (other than a network server). You may access the Software
from a hard disk, over a network, or any other method you choose, so
long as you otherwise comply with this agreement.
You may not:
a) Copy the documentation.
b) Modify, translate, or merge the Software with another program,
except for your personal use on a single computer. Any
modifications to the Software are subject to this agreement.
c) Reverse-engineer, disassemble, decompile, or make any attempt to
discover the source code of the Software.
d) Sublicense, rent, or lease any portion of the Product.
e) Use the previous version of the Software that has been upgraded or
updated under this agreement. Upon upgrading or updating the
Software, the old copy must be deleted from the computer and the
original disks must be physically destroyed.
LIMITED WARRANTY
Eos warrants the disks on which the Software is distributed to be free
from defects in materials and workmanship and that the Software will
perform substantially in accordance with the Documentation for a
period of 60 days from your receipt of the Product. Any written or
oral information or advice given by Eos dealers, distributors, agents,
or employees will in no way increase the scope of this warranty.
If the Product fails to comply with the warranty set forth above, Eos'
entire liability and your exclusive remedy will be replacement of the
disk or, at Eos' option, Eos' reasonable effort to make the Product
meet the warranty set forth above. This limited warranty applies only
if you return all copies of the Product to Eos within 60 days of the
date you received the Product. If Eos is unable to make the Product
conform to the above warranty, Eos, at its option, will refund all or
a fair portion of the price you paid for this package. Any
replacement Software will be warranted for the remainder of the
original 60-day warranty period or for 30 days from the date you
received the replacement, whichever is longer. These remedies are not
available outside of the United States and Canada.
EOS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE
OTHER RIGHTS.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall Eos or its suppliers be liable for any damages
whatsoever (including, without limitation, damages for loss of
profits, business interruption, loss of information, or other
pecuniary loss) arising out of the use of or inability to use this Eos
product, even if Eos has been advised of the possibility of such
damages. You are solely responsible for the selection of this
software to achieve your intended results and for the results actually
achieved. You also accept the entire risk as to the quality and
performance of this software (including but not limited to errors
and/or interruptions in operations). Should this software prove
defective in any way then you assume the entire cost of any necessary
corrective actions. You are advised to test the software thoroughly
before use for your particular purpose. Because some jurisdictions do
not allow the exclusion of implied warranties or the exclusion or
limitation of liability for consequential or incidental damages, the
above limitation may not apply to you. The foregoing limitations of
warranty and liability inure to the benefit of Eos' licensors having
an interest in the package.
GENERAL
a) Eos is not bound by any provision of any purchase order, receipt,
acceptance, confirmation, correspondence, or otherwise, unless Eos
specifically agrees to the provision in writing.
b) If any provisions, or portions thereof, of this agreement are
invalid under any applicable statute or rule of law, then that
portion shall be deemed omitted and the remaining portions of the
agreement remain in force.
c) This agreement is governed by the laws of the Province of British
Columbia.