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- TAYLORED SOFTWARE
- ───────────────────
- VISUAL BASIC CODE WIZARD
- ───────────────────
- APRIL 20, 1995
- ────────────
- SHRINK-WRAP LICENSE AGREEMENT FOR VB CODE WIZARD
- ─────────────────────────────────────────────────────
-
- READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
- INSTALLING THE PROGRAM (VB CODE WIZARD), THE COMPUTER SOFTWARE THEREIN,
- AND THE ACCOMPANYING USER DOCUMENTATION (THE "PROGRAM"). THE PROGRAM IS
- COPYRIGHTED AND LICENSED (NOT SOLD). BY OPENING THE PACKAGE CONTAINING THE
- PROGRAM OR INSTALLING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE
- TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE
- ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND JONATHAN B. TAYLOR
- of TAYLORED SOFTWARE.(HEREINAFTER REFERRED TO AS THE "LICENSOR"), AND IT
- SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN
- THE PARTIES.
-
- 1. License Grant. LICENSOR hereby grants to you, and you accept, a
- non-exclusive license to use the Program or Program Diskettes and the computer
- programs contained therein (collectively referred to as the "Software"), and
- the accompanying User Documentation, only as authorized in this License
- Agreement. The Software may be installed on no more than one computer at
- one time by the licensee and may be executed on only one of such computer at
- any moment in time. The computer must be owned, leased, or otherwise controlled
- by you; or in the event of the inopprability of that computer, on a backup
- computer selected by you. Neither concurrent use on two or more computers
- nor use in a local area network or other network is permitted without separate
- written authorization and the payment of additional site license fees. Further
- more You agree that you will not assign, sublicense, transfer, pledge, lease,
- rent, re-sell, or share your rights under this License Agreement.
-
- 2. Upon loading the Software into your computer, you may retain the
- Program Diskettes for backup purposes. In addition, you may make one copy of
- the Software on a second set of diskettes (or on cassette tape) for the
- purpose of backup in the event the Program Diskettes are damaged or destroyed.
- Any such copies of the Software shall include Licensor's copyright and other
- proprietary notices. Except as authorized under this paragraph, no copies of
- the Program or any portions thereof may be made by you or any person under
- your authority or control. The only exception to the above is made in the
- event the shareware distribution version of the program containing all of
- the files originally distributed by the licensee/author is made available
- on a BBS or on-line service.
-
- 3. Licensor's Rights. You acknowledge and agree that the Software
- is a proprietary product of LICENSOR protected under U.S. copyright law. You
- further acknowledge and agree that all right, title, and interest in and to
- the Program, including associated intellectual property rights, are and shall
- remain with LICENSOR. This License Agreement does not convey to you an interest
- in or to the Program, but only a limited right of use revocable in accordance
- with the terms of this License Agreement.
-
- 4. License Fees.The license fees paid by you are paid in consideration
- of the license granted under this License Agreement.
-
- 5. Term. This License Agreement is effective upon your opening of
- this package or installing the software and shall continue until terminated.
- You may terminate this License Agreement at any time by deleting the Program
- from all systems where it is installed and destroying all copies thereof.
- LICENSOR may terminate this License Agreement upon the breach by you of any
- term hereof. Upon such termination by LICENSOR, you agree to return to
- LICENSOR the Program and all copies and portions thereof.
-
- 6. Limited Warranty for REGISTERED COPIES. The LICENSOR warrants,
- for your benefit alone, for a period of 60 days from the date of commencement
- of this License Agreement (referred to as the "Warranty Period") that the
- Program Diskettes in which the Software is contained are free from defects
- in material and workmanship. LICENSOR further warrants, for your benefit
- alone, that during the Warranty Period the Program shall operate generally
- and substantially in accordance with the functional specifications in the
- HELP files. If during the Warranty Period, a defect in the Program appears,
- you may return the Program to LICENSOR for either replacement or, if so
- elected by LICENSOR, refund of amounts paid by you under this License
- Agreement. You agree that the foregoing constitutes your sole and exclusive
- remedy for breach by LICENSOR of any warranties made under this Agreement.
- EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE SOFTWARE
- CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL
- OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
- ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
-
- 7. Limitation of Liability. Licensor's cumulative liability to you
- or any other party for any loss or damages resulting from any claims, demands,
- or actions arising out of or relating to this Agreement shall not exceed the
- license fee paid to LICENSOR for the use of the Program. In no event shall
- LICENSOR be liable for any indirect, incidental, consequential, special, or
- exemplary damages or lost profits, even if LICENSOR has been advised of the
- possibility of such damages. SOME STATES 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.
-
- 8. Governing Law. This License Agreement shall be construed and
- governed in accordance with the laws of the State of Texas.
-
- 9. Costs of Litigation. If any action is brought by either party to
- this License Agreement against the other party regarding the subject matter
- hereof, the prevailing party shall be entitled to recover, in addition to any
- other relief granted, reasonable attorney fees and expenses of litigation.
-
- 10. Severability. Should any term of this License Agreement be
- declared void or unenforceable by any court of competent jurisdiction, such
- declaration shall have no effect on the remaining terms hereof.
-
- 11. No Waiver. The failure of either party to enforce any rights
- granted hereunder or to take action against the other party in the event of
- any breach hereunder shall not be deemed a waiver by that party as to
- subsequent enforcement of rights or subsequent actions in the event of
- future breaches.
-
- 12. Grant of license. TAYLORED SOFTWARE Grants you the right to use
- only one copy of the software program, libraries, Databases and all utilities
- and furnished program files on a single computer at any one given time.
-
- 13. Copyrighted Material. The software program & libraries and
- utilities are owned by TAYLORED SOFTWARE and are protected by United States
- copyright laws and international treaty provisions. Therefore, you must
- treat the software like any other copyrighted material.
-
- 14. Other Restrictions. You may not reverse engineer, decompile,
- disassemble, reassemble or modify in any way shape or form any one or all of
- the TAYLORED SOFTWARE FILES UNDER PENALTY OF LAW.
-
- 15. The VB CODE WIZARD Program along with VISUAL BASIC will
- enable you to generate program files that include in them ASCII, database,
- reference, and program code files for Visual Basic program files, and other
- associated files. This Software License Agreement grants you the right the use
- of the VB CODE WIZARD software for developing your programs provided that
- the programs that you are distributing are not in like form nor competitive nor
- in competition with or a substitute for the TAYLORED SOFTWARE VISUAL BASIC
- WIZARD program files as this is a copyrighted set of programs and materials.
-
- 16. TAYLORED SOFTWARE makes no warranty of any kind with regard to
- the merchantability, performances and fitness of the software for a particular
- purpose. TAYLORED SOFTWARE shall not be liable for errors or for incidental
- or consequential damages in connection with the furnishing, performance, or
- use of the software. You shall remain solely responsible for, and fully hold
- TAYLORED SOFTWARE harmless from all claims, liability and damages arising
- from your own products which include any of the TAYLORED SOFTWARE.
-
- If you have any questions with reference to the above, you may contact:
-
- TAYLORED SOFTWARE
- Jonathan B. Taylor
- 8504 Van Pelt Dr.
- Dallas TX, 75228
-
- Phone:(214)328-4276
- between 8:00 AM & 5:00PM
- Monday though Friday
-
- THE ABOVE CLAUSES ARE ALL THAT IS EXPRESSED AND IMPLIED AND BIND ALL PARTIES
-
- JONATHAN B TAYLOR
- DATED 8-25-94
-