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LICENSE.TXT
===========
Webster's Lexxicon Publishing Corp. supplies three different license
agreements for use with the enclosed software. Each one is contained in
its own section of this file.
If you are a business, institutional, or government user, the license in
section one applies to you.
If you are a home user or student, the license in section two applies to
you.
If you are a shareware distributor, the license in section three contains
information regarding your permission to distribute this software.
SECTION -1- Business/Institutional/Government User License
STEVE DOSSICK'S RABBITHELP (R) for Windows (TM)
Electronic Edition
Copyright 1995 by Webster's Lexxicon Publishing Corp. All Rights Reserved.
This software is protected by both United States Copyright Law and
international treaty provisions.
All Webster's Lexxicon Publishing Corp. products, including the
cartoon characters Osgood the Rabbit, Frangiapan Duck, Oogalosh &
Padeedy, Lorenzo Cat, Rex & Max, and related indicia, are Copyright
Webster's Lexxicon Publishing Corp. All Rights Reserved.
All Webster's Lexxicon Publishing Corp. products, including the
cartoon characters Osgood the Rabbit, Frangiapan Duck, Oogalosh &
Padeedy, Lorenzo Cat, Rex & Max, and related indicia, are trademarks
or registered trademarks of Webster's Lexxicon Publishing Corp.
Windows is a trademark of Microsoft Corporation.
Other brand and product names are trademarks or registered trademarks of
their respective holders, and are hereby acknowledged.
BUSINESS ENTITY, INSTITUTIONAL, GOVERNMENT LICENSE AGREEMENT. If you are a
business entity, institution, or government agency, this License Agreement
applies to you. A form to request information regarding this license is
included with this software product.
________________________________________________________________________________
Webster's Lexxicon Publishing Corp.
BUSINESS ENTITY, INSTITUTIONAL, GOVERNMENT LICENSE AGREEMENT
IMPORTANT NOTICE TO USERS ("ENTITY") - PLEASE READ CAREFULLY
WEBSTER'S LEXXICON PUBLISHING CORP. THANKS YOU FOR SELECTING ONE OF OUR
PRODUCTS. THIS IS THE WEBSTER'S LEXXICON PUBLISHING CORP. BUSINESS ENTITY,
INSTITUTIONAL, GOVERNMENT LICENSE AGREEMENT, WHICH DESCRIBES WEBSTER'S LEXXICON
PUBLISHING CORP.'S BUSINESS ENTITY, INSTITUTIONAL, GOVERNMENT LICENSE TERMS.
ENTITY'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY ENTITY WITH THE
TERMS OF THIS AGREEMENT. THE SOFTWARE MAY BE EVALUATED FOR THIRTY DAYS ON A
ROYALTY FREE BASIS. CONTINUED USE AFTER THE EVALUATION IS CONDITIONED UPON
PAYMENT BY ENTITY OF THE NEGOTIATED LICENSE FEE, SPECIFIED IN A LETTER OF
CONFIRMATION FROM WEBSTER'S LEXXICON PUBLISHING CORP. ("Webster's Lexxicon").
I. GRANT OF LICENSE.
You acknowledge you have read this Customer License Contract, understand it,
and agree to be bound by its terms. This license authorizes Entity to use the
number of copies described in the confirmation letter from Webster's Lexxicon
Publishing Corp., and for which Entity has paid Webster's Lexxicon Publishing
Corp. the negotiated license fee. If the confirmation letter from Webster's
Lexxicon Publishing Corp. indicates that Entity's license is "Corporate-Wide,"
this license will be deemed to cover copies duplicated and distributed by Entity
for use on any additional incremental machines purchased or leased by Entity
during the Term of the license, at no additional charge.
This license will be in effect from the date of the confirmation letter
from Webster's Lexxicon Publishing Corp. authorizing such continued use or
such other period as is stated in the confirmation letter (the "Term"). If
Entity does not obtain a confirmation letter and pay the applicable license
fee, this license expires at the end of the thirty day evaluation period.
This License is effective until terminated. You may terminate it at any
time by destroying the Software together with any copies currently in
your posession. The License also terminates if you fail to comply with
the terms and conditions of this agreement, and additionally you need
to destroy any copies or variations of the software.
All updates must be accessed and downloaded from the Webster's Lexxicon
Publishing Corp. electronic bulletin board (BBS), or Webster's Lexxicon
Publishing Corp.'s designated FTP Internet site. Access instructions for the
licensed user bulletin board are included in the confirmation letter.
In the case where Entity is licensing more than 500 copies of the Software,
all updates will also be provided in diskette form at no charge as they
occur during the term of this license.
The Software may not be distributed by Entity to any outside organization,
corporation, or government agency.
II. ONE CONTACT INDIVIDUAL.
Support for Software problems and other product issues will be handled
through one point of contact within the Entity. Entity shall designate
the contact individual when placing its order with Webster's Lexxicon
Publishing Corp. or a Webster's Lexxicon Publishing Corp. Authorized Agent.
There will be no charge for support of the Software when directed through
this contact individual. Support requests from any other organizational area
will be subject to billing at Webster's Lexxicon published support rates.
III. EMPLOYEE HOME USE OPTION.
In the case where Entity is licensing more than 200 copies of the Software,
Webster's Lexxicon Publishing Corp. will license the Software for home use by
employees if requested by Entity, in writing, within the first year of the
license. The cost for this option is 22% of the standard site license fee for
that number of employee home use machines.
IV. COPYRIGHT.
This Software product (including any images, cartoon characters, illustrations
and fictional locations, (including but not limited to "Websterland"),
"applets," photographs, animations, video, audio, music, and text incorporated
into the Software, is owned by Webster's Lexxicon Publishing Corp. and is
protected by United States copyright laws and international treaty provisions.
Therefore, you must treat the software like any other copyrighted material (e.g.
a book or musical recording). You may not copy any printed materials which may
accompany the software, nor print copies of any user documentation provided
in "online" or other electronic form.
Entity acknowledges that no title to the intellectual property in the Software
is transferred to Entity. Entity further acknowledges that full ownership rights
to the Software will remain the exclusive property of Webster's Lexxicon
Publishing Corp., and Entity will not acquire any rights to the Software except
as expressly set forth in this license. Entity agrees that any copies of the
Software made by Entity will contain the same proprietary notices which appear
on and in the Software.
V. REVERSE ENGINEERING.
Licensee understands and agrees, that the licensed Software is the valuable
property of Webster's Lexxicon Publishing Corp. and is protected by the laws of
copyright, trade secrets, and contract. Licensee will use its best efforts, and
take all reasonable steps to protect the licensed Software from unauthorized
use, copying or dissemination, and will maintain all proprietary and protective
notices intact. Except as expressly licensed herein, Licensee may not use,
copy, disseminate, distribute, or modify, translate, reverse engineer,
decompile, disassemble, and/or create derivative works from the licensed
Software, in whole or part, sell, lease, sublicense, rent, give, lend, or in
any way transfer by any means or in any medium, the licensed Software.
VI. WARRANTY.
Webster's Lexxicon Publishing Corp. warrants that it has the right to license
Entity to use the Software and that the Software will perform substantially in
accordance with its accompanying documentation for a period of ninety (90) days
from the date Webster's Lexxicon Publishing Corp. receives payment. The Warranty
is void if failure of the Software has resulted from accident, abuse, or
misapplication. Any replacement Software supplied to Entity will be warranted
for the remainder of the original Warranty period.
VII. LIMITATIONS OF REMEDIES.
Webster's Lexxicon Publishing Corp. will attempt to answer your technical
support requests concerning the Software; however, this service is offered
on a reasonable efforts basis only, and Webster's Lexxicon Publishing Corp.
may not be able to resolve every support request. Webster's Lexxicon
Publishing Corp. supports the Software only if it is used under conditions
and on operating systems for which the Software is designed.
Your exclusive remedies and Webster's Lexxicon Publishing Corp.'s sole
liabilities are replacement of this product or refund of the license fee.
Webster's Lexxicon Publishing Corp. shall not be liable to you or any other
person or entity for any consequential, incidental, special, exemplary or
other direct or indirect damages arising from the use of, the results of the
use of, or the inability to use the programs. Some states do not allow the
limitation or exclusion of liability for incidental or consequential damages
so the above limitations or exclusions may not apply to you.
VIII. NO OTHER WARRANTIES.
Except as provided above, the software is provided "AS IS" without warranty
of any kind. This warranty is in lieu of any other warranties, express or
implied, including the implied warranties of merchantability and fitness for a
particular purpose. In no event will Webster's Lexxicon Publishing Corp. be
liable to you for damages, including any loss of profits, lost savings, or
other incidental or consequential damages arising out of your use of or
inability to use the Software, even if Webster's Lexxicon Publishing Corp. or
an authorized Webster's Lexxicon Publishing Corp. representative has been
advised of the possibility of such damages.
Because computer programs are inherently complex and thus may not be completely
free of errors, you are advised to validate your work. Webster's Lexxicon
Publishing Corp. does not warrant that the licensed product will meet your
requirements, or that the operation of the software will be uninterrupted or
error free.
Although changes or improvements to the licensed product may be made, Webster's
Lexxicon Publishing Corp. will be under no obligation to provide them to you.
Webster's Lexxicon Publishing Corp. is not responsible for problems caused by
changes in the operating characteristics of any computer hardware or computer
operating systems which are made after the release of the licensed product.
Some jurisdictions do not allow excluding or limiting implied warranties or
limiting liability for incidental or consequential damages, and some
jurisdictions have special statutory consumer protection provisions which may
supercede this limitation. As a result, this limitation of liability may not
apply to you if prohibited by the laws of your jurisdiction.
IX. SEVERABILITY.
If any provision of this Agreement is found to be unlawful, void, or
unenforceable, then that provision shall be severed from this Agreement and
will not affect the validity and enforceability of any of the remaining
provisions. In the event of invalidity of any provision of this license, the
parties agree that such invalidity shall not affect the validity of the
remaining portions of this license. This Agreement shall be governed by the
laws of the State of New York.
X. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event will Webster's Lexxicon Publishing Corp. be liable for direct,
indirect, incidental, special, exemplary, or consequential damages, or lost
profits arising out of the use of or inability to use the licensed product or
documentation, even if Webster's Lexxicon Publishing Corp. or an authorized
Webster's Lexxicon Publishing Corp. representative has been advised of the
possibility of such damages, or for any claim by any other party. In no event
will Webster's Lexxicon Publishing Corp.'s liability for any claim, whether in
contract, tort, or any other theory of liability, exceed the license fee paid
by Entity.
XI. TRADE SECRETS.
You acknowledge that the licensed product contains trade secrets of Webster's
Lexxicon Publishing Corp. Further, you agree to take all steps necessary to
protect the licensed product, as well as any copies thereof from disclosure,
and specifically agree not to disassemble, decompile, or reverse engineer any
part of the source code of the software from the object code, or from other
data provided to you under this Customer License Agreement.
XII. EXPORT LAWS AND ASSURANCES.
Entity agrees that neither the software nor the direct product thereof is
intended to be shipped either directly or indirectly to country groups
Q, S, W, Y, Z, Afghanistan or the People's Republic of China, unless
a validated export license is obtained from the U.S. Department of Commerce.
Entity agrees and certifies that neither this software product, nor any other
technical data received from Webster's Lexxicon Publishing Corp., nor the direct
product thereof, will be exported outside the United States. If this product has
been rightfully obtained by you outside the United States, you agree that you
will not reexport this product, nor any other technical data received from
Webster's Lexxicon Publishing Corp., 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 this software product.
XIII. APPLICABLE LAWS.
This agreement shall be governed by and construed in accordance with the laws
of the United States and the State of New York, including copyright, trade
secret and trademark laws. If any provision of this License Agreement
shall be held invalid, illegal or unenforceable, the validity, legality and or
enforceability of the remaining provisions shall not in any way be affected
or impaired thereby. Any claim arising out of this Agreement will be brought
in the State of New York.
XIV. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Software and any accompanying materials are provided with Restricted Rights.
Use, duplication, or disclosure by the Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2)
of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as
applicable. Contractor/manufacturer is Webster's Lexxicon Publishing Corp.
at the address below. If you are acquiring this software product on behalf of
any unit or agency of the United States Government, the following provisions
apply. The Government agrees: (i) If this software product is supplied to the
Department of Defense, this software product is classified as "Commercial
Computer Software," and the Government is acquiring only "restricted rights"
in this software product and its documentation as that term is defined in
Clause 252.227-7013(c) (1) of the DFARS; and (ii) If this software product is
supplied to any unit or agency of the United States Government other than the
Department of Defense, the Government's rights in this software product and
its documentation will be defined in Clause 52.227-19(c) (2) of the FAR, or,
in the case of NASA, in Clause 1852.227-86(d) of the NASA Supplement to the
FAR.
XV. COMPLETE AGREEMENT.
This Agreement, together with any Webster's Lexxicon Publishing Corp.
confirmation letter constitute the entire agreement between Entity and
Webster's Lexxicon Publishing Corp. which supersedes any prior agreement,
including any prior license from Webster's Lexxicon Publishing Corp., or
understanding, whether written or oral, relating to the subject matter of this
Agreement.
Webster's Lexxicon Publishing Corp. reserves the right to conduct or have
conducted audits to verify Entity's compliance with this Agreement. The terms
and conditions of this Agreement shall apply to all orders submitted to
Webster's Lexxicon Publishing Corp. and shall supersede any different or
additional terms on purchase orders from Entity. The section headings
contained in this Agreement are inserted for convenience only, and are not
intended to limit or define the substantive provisions to which they refer.
XVI. ANY QUESTIONS?
If you have any questions concerning the terms of this Agreement or special
programs for educational or charitable organizations, please call (718)
897-1554, Fax (718) 896-0484, or write to Webster's Lexxicon Publishing Corp.
Attn. Information Services, P.O. Box 751034, Forest Hills, New York 11375-8634.
Webster's Lexxicon Software programs are available at special discounts for
bulk purchases for sales, promotions, premiums, fundraising, or educational
use. Single user, Site, Network, bundling licenses, Special Contract Editions
of STEVE DOSSICK'S RABBITHELP (R) for Windows (TM) can also be created to
specification.
For details contact: Director, Sales Information Center
Webster's Lexxicon Publishing Corp.
P.O. Box 751034
Forest Hills, New York 11375-8634
Internet: sales@websters.com
WLEXX990677BKR45E1A--1/95
________________________________________________________________________________
WEBSTER'S LEXXICON PUBLISHING CORP.
BUSINESS ENTITY, INSTITUTIONAL, GOVERNMENT INFORMATION REQUEST FORM
Please mail ____________ or Fax _____________ licensing information.
We have approximately __________ WINDOWS (TM) based systems. Send to:
Name:________________________________ Title:____________________________
Entity:_________________________________________________________________
DBA(s):_________________________________________________________________
Address:________________________________________________________________
________________________________________________________________________
City/State:_____________________________________________________________
Zip Code:_______________________________________________________________
Telephone:_____________________ Fax:____________________________________
Please mail or Fax to:
Webster's Lexxicon Publishing Corp.
P.O. Box 751034
Forest Hills, New York 11375-8634
For questions, orders, and any other information please call:
(M-F, 8:30am - 5:30pm Eastern): (718) 897-1554 BUSINESS
FAX (24 hour, Group III FAX): (718) 896-0484 FAX
Bulletin Board System (24 hour, 68 nodes):
2400 - 28.8K baud, US Robotics HST DS: (718) 897-6902 BBS
ENTITYAPP WLEXX990677BKR45E1A--1/95
SECTION -2- Home User/Student License
STEVE DOSSICK'S RABBITHELP (R) for Windows (TM)
Electronic Edition
Copyright 1995 by Webster's Lexxicon Publishing Corp. All Rights Reserved.
This software is protected by both United States Copyright Law and
international treaty provisions.
All Webster's Lexxicon Publishing Corp. products, including the
cartoon characters Osgood the Rabbit, Frangiapan Duck, Oogalosh &
Padeedy, Lorenzo Cat, Rex & Max, and related indicia, are Copyright
Webster's Lexxicon Publishing Corp. All Rights Reserved.
All Webster's Lexxicon Publishing Corp. products, including the
cartoon characters Osgood the Rabbit, Frangiapan Duck, Oogalosh &
Padeedy, Lorenzo Cat, Rex & Max, and related indicia, are trademarks
or registered trademarks of Webster's Lexxicon Publishing Corp.
Windows is a trademark of Microsoft Corporation.
Other brand and product names are trademarks or registered trademarks of
their respective holders, and are hereby acknowledged.
HOME USER AND STUDENT CUSTOMER LICENSE. If you are an individual end user whose
use is not on behalf of a business entity, institution, or government agency,
this License Agreement applies to you.
________________________________________________________________________________
Webster's Lexxicon Publishing Corp.
HOME USER AND STUDENT CUSTOMER LICENSE AGREEMENT
IMPORTANT NOTICE TO HOME USER - PLEASE READ CAREFULLY:
WEBSTER'S LEXXICON PUBLISHING CORP. THANKS YOU FOR SELECTING ONE OF OUR
SOFTWARE PRODUCTS FOR YOUR COMPUTER. PLEASE READ THE FOLLOWING LEGAL AGREEMENT:
YOU MUST PROMPTLY REGISTER YOUR USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT
(THE "SOFTWARE") BY COMPLETING AND FORWARDING TO WEBSTER'S LEXXICON PUBLISHING
CORP. ("Webster's Lexxicon").
I. GRANT OF LICENSE.
If you are a home user, Webster's Lexxicon Publishing Corp. grants to you, as
an individual, a non-exclusive right to use one copy of the object code version
of the Software associated with this license for personal use on your computer.
This license to use the Software is conditioned upon your compliance with the
terms of this Agreement. You are entitled to evaluate the Software on a
royalty free basis for thirty days. Use after the thirty day evaluation period
is further conditioned upon payment of the license fee specified in this file.
This License is effective until terminated. You may terminate it at any
time by destroying the Software together with any copies currently in
your posession. The License also terminates if you fail to comply with
the terms and conditions of this agreement, and additionally you need
to destroy any copies or variations of the software.
II. COPYRIGHT.
This Software product (including any images, cartoon characters, illustrations
and fictional locations, (including but not limited to "Websterland"),
"applets," photographs, animations, video, audio, music, and text incorporated
into the Software, is owned by Webster's Lexxicon Publishing Corp. and is
protected by United States copyright laws and international treaty provisions.
Therefore, you must treat the software like any other copyrighted material (e.g.
a book or musical recording). You may not copy any printed materials which may
accompany the software, nor print copies of any user documentation provided
in "online" or other electronic form.
You acknowledge that no title to the intellectual property in the Software
is transferred to you. You further acknowledge that full ownership rights
to the Software will remain the exclusive property of Webster's Lexxicon
Publishing Corp., and you will not acquire any rights to the Software except
as expressly set forth in this license. You agree that any copies of the
Software made by you will contain the same proprietary notices which appear
on and in the Software.
III. REVERSE ENGINEERING.
Licensee understands and agrees, that the licensed Software is the valuable
property of Webster's Lexxicon Publishing Corp. and is protected by the laws of
copyright, trade secrets, and contract. Licensee will use its best efforts, and
take all reasonable steps to protect the licensed Software from unauthorized
use, copying or dissemination, and will maintain all proprietary and protective
notices intact. Except as expressly licensed herein, Licensee may not use,
copy, disseminate, distribute, or modify, translate, reverse engineer,
decompile, disassemble, and/or create derivative works from the licensed
Software, in whole or part, sell, lease, sublicense, rent, give, lend, or in
any way transfer by any means or in any medium, the licensed Software.
IV. WARRANTY.
Webster's Lexxicon Publishing Corp. warrants that it has the right to license
you to use the Software and that the Software will perform substantially in
accordance with its accompanying documentation for a period of ninety (90) days
from the date Webster's Lexxicon Publishing Corp. receives payment. The Warranty
is void if failure of the Software has resulted from accident, abuse, or
misapplication. Any replacement Software supplied to you will be warranted
for the remainder of the original Warranty period.
V. LIMITATIONS OF REMEDIES.
Webster's Lexxicon Publishing Corp. will attempt to answer your technical
support requests concerning the Software; however, this service is offered
on a reasonable efforts basis only, and Webster's Lexxicon Publishing Corp.
may not be able to resolve every support request. Webster's Lexxicon
Publishing Corp. supports the Software only if it is used under conditions
and on operating systems for which the Software is designed.
Your exclusive remedies and Webster's Lexxicon Publishing Corp.'s sole
liabilities are replacement of this product or refund of the license fee.
Webster's Lexxicon Publishing Corp. shall not be liable to you or any other
person or entity for any consequential, incidental, special, exemplary or
other direct or indirect damages arising from the use of, the results of the
use of, or the inability to use the programs. Some states do not allow the
limitation or exclusion of liability for incidental or consequential damages
so the above limitations or exclusions may not apply to you.
VI. NO OTHER WARRANTIES.
Except as provided above, the software is provided "AS IS" without warranty
of any kind. This warranty is in lieu of any other warranties, express or
implied, including the implied warranties of merchantability and fitness for a
particular purpose. In no event will Webster's Lexxicon Publishing Corp. be
liable to you for damages, including any loss of profits, lost savings, or
other incidental or consequential damages arising out of your use of or
inability to use the Software, even if Webster's Lexxicon Publishing Corp. or
an authorized Webster's Lexxicon Publishing Corp. representative has been
advised of the possibility of such damages.
Because computer programs are inherently complex and thus may not be completely
free of errors, you are advised to validate your work. Webster's Lexxicon
Publishing Corp. does not warrant that the licensed product will meet your
requirements, or that the operation of the software will be uninterrupted or
error free.
Although changes or improvements to the licensed product may be made, Webster's
Lexxicon Publishing Corp. will be under no obligation to provide them to you.
Webster's Lexxicon Publishing Corp. is not responsible for problems caused by
changes in the operating characteristics of any computer hardware or computer
operating systems which are made after the release of the licensed product.
Some jurisdictions do not allow excluding or limiting implied warranties or
limiting liability for incidental or consequential damages, and some
jurisdictions have special statutory consumer protection provisions which may
supercede this limitation. As a result, this limitation of liability may not
apply to you if prohibited by the laws of your jurisdiction.
VII. SEVERABILITY.
If any provision of this Agreement is found to be unlawful, void, or to be
unenforceable, then that provision shall be severed from this Agreement and
will not affect the validity and enforceability of any of the remaining
provisions. In the event of invalidity of any provision of this license, the
parties agree that such invalidity shall not affect the validity of the
remaining portions of this license. This Agreement shall be governed by the
laws of the State of New York.
VIII. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall Webster's Lexxicon Publishing Corp. or its suppliers be
liable for consequential, incidental or indirect damages of any kind arising
out of the delivery, performance or use of the Software, even if Webster's
Lexxicon Publishing Corp. has been advised of the possibility of such damages.
In no event will Webster's Lexxicon Publishing Corp.'s liability for any claim,
whether in contract, tort, or any other theory of liability, exceed the
license fee paid by you.
IX. EXPORT LAWS AND ASSURANCES.
You agree that neither the software nor the direct product thereof is
intended to be shipped either directly or indirectly to country groups
Q, S, W, Y, Z, Afghanistan or the People's Republic of China, unless
a validated export license is obtained from the U.S. Department of Commerce.
You agree and certify that neither this software product, nor any other
technical data received from Webster's Lexxicon Publishing Corp., nor the direct
product thereof, will be exported outside the United States. If this product has
been rightfully obtained by you outside the United States, you agree that you
will not reexport this product, nor any other technical data received from
Webster's Lexxicon Publishing Corp., 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 this software product.
X. APPLICABLE LAWS.
This agreement shall be governed by and construed in accordance with the laws
of the United States and the State of New York, including copyright, trade
secret and trademark laws. If any provision of this Customer License Contract
shall be held invalid, illegal or unenforceable, the validity, legality and or
enforceability of the remaining provisions shall not in any way be affected
or impaired thereby. Any claim arising out of this Agreement will be brought
in the State of New York.
XI. TRADE SECRETS.
You acknowledge that the licensed Software contains trade secrets of Webster's
Lexxicon Publishing Corp. Further, you agree to take all steps necessary to
protect the licensed Software, as well as any copies thereof, from disclosure,
and specifically agree not to disassemble, decompile, or reverse engineer any
part of the source code of the software from the object code, or from other
data provided to you under this Customer License Agreement.
XII. COMPLETE AGREEMENT.
This Agreement, together with any Webster's Lexxicon Publishing Corp. letter
of confirmation constitute the entire agreement between you and Webster's
Lexxicon Publishing Corp. which supersedes any prior agreement, including any
prior license from Webster's Lexxicon Publishing Corp., or understanding,
whether written or oral, relating to the subject matter of this Agreement. The
terms and conditions of this Agreement shall apply to all orders submitted to
Webster's Lexxicon Publishing Corp. and shall supersede any different or
additional terms on purchase orders from you.
ANY QUESTIONS?
If you have any questions concerning the terms of this Agreement, please call
(718) 897-1554, Fax (718) 896-0484, or write to Webster's Lexxicon Publishing
Corp. Attn. Information Services, P.O. Box 751034, Forest Hills, New York
11375-8634.
WLEXX990677BKR45E1A--1/95
________________________________________________________________________________
USE OF WEBSTER'S LEXXICON PUBLISHING CORP.
SOFTWARE PROGRAMS AT HOME
Use the form below to register to use Webster's Lexxicon Publishing Corp.
Software programs for personal home use on a single computer. Registration is
for non-business, personal and or student home use only.
Any business (non-profit or profit), governmental, corporate, or institutional
use of our Software programs requires a valid Business Entity, Institutional,
Government License Agreement.
Business Entity, Institutional, Government License information may be obtained
by completing the "Information Request" form included with this software, and
returning it to Webster's Lexxicon Publishing Corp. by Fax or paper mail.
BBS SysOp's running publicly-accessible systems may use Webster's Lexxicon
software without charge on their office, home, and BBS systems, as our way
of saying thank you for all your efforts on behalf of the computing community.
Please send completed Registration Forms to:
Webster's Lexxicon Publishing Corp.
Attn: Consumer Product Registration
P.O. Box 751034
Forest Hills, New York 11375-8634
________________________________________________________________________________
Webster's Lexxicon Publishing Corp.
SOFTWARE REGISTRATION FORM
FOR INDIVIDUAL HOME USERS AND STUDENTS
PROGRAM: STEVE DOSSICK'S RABBITHELP (R) for Windows (TM).
NUMBER OF COPIES AMOUNT
MICROSOFT WORD 6.0 WINDOWS ED. ($25.00 per copy.) _________ $________
WORDPERFECT 6.1 WINDOWS ED. ($25.00 per copy.) _________ $________
MICROSOFT EXCEL 5.0 WINDOWS ED. ($25.00 per copy.) _________ $________
LOTUS 1-2-3 V.5.0 WINDOWS ED. ($25.00 per copy.) _________ $________
-**SPECIAL DISCOUNT**- ($45.00 for all four above, single copy.) $________
-**SPECIAL DISCOUNT**- (Please call for quantity discounts.)
-**DISKETTES**- $20 for Disk Handling Fee (per copy, if a floppy $________
diskette is requested).
Specify media preference: 3.5" HD: _______ 5.25" HD: _________
******Disks are available at the time of registration only.******
Disks are shipped via U.S. Mail First Class in the United States only.
Upgrades are available through the Webster's Lexxicon Publishing Corp. BBS,
or a designated Internet FTP site only, and will not be mailed to users.
******Student Discount. If you are a full time student enrolled in high school,
college, or a graduate study program, you are automatically eligible for a 25%
discount on your customer license fee. Simply deduct 25% from the amount owed,
and remit to the address above.******
-SALES TAX- New York residents add 8.25% $________
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . $________
PAYMENT BY:
Check/Money Order No.___________________ enclosed for $__________
PAYABLE TO:
Webster's Lexxicon Publishing Corp.
P.O. Box 751034
Forest Hills Station, New York 11375-8634
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USERAPP WLEXX990677BKR45E1A--1/95
SECTION -3- Shareware Distributor License
STEVE DOSSICK'S RABBITHELP (R) for Windows (TM)
Electronic Edition
Copyright 1995 by Webster's Lexxicon Publishing Corp. All Rights Reserved.
This software is protected by both United States Copyright Law and
international treaty provisions.
All Webster's Lexxicon Publishing Corp. products, including the
cartoon characters Osgood the Rabbit, Frangiapan Duck, Oogalosh &
Padeedy, Lorenzo Cat, Rex & Max, and related indicia, are Copyright
Webster's Lexxicon Publishing Corp. All Rights Reserved.
All Webster's Lexxicon Publishing Corp. products, including the
cartoon characters Osgood the Rabbit, Frangiapan Duck, Oogalosh &
Padeedy, Lorenzo Cat, Rex & Max, and related indicia, are trademarks
or registered trademarks of Webster's Lexxicon Publishing Corp.
Windows is a trademark of Microsoft Corporation.
Other brand and product names are trademarks or registered trademarks of
their respective holders, and are hereby acknowledged.
SHAREWARE DISTRIBUTION LICENSE AGREEMENT. If you are a Shareware Distributor,
this License Agreement applies to you.
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Webster's Lexxicon Publishing Corp.
SHAREWARE DISTRIBUTION LICENSE AGREEMENT
IMPORTANT NOTICE TO SHAREWARE DISTRIBUTORS ("DISTRIBUTOR"):
PLEASE READ CAREFULLY
THIS IS THE WEBSTER'S LEXXICON PUBLISHING CORP. SHAREWARE DISTRIBUTION LICENSE
AGREEMENT, WHICH DESCRIBES WEBSTER'S LEXXICON PUBLISHING CORP.'S SHAREWARE
DISTRIBUTION LICENSE TERMS. PLEASE READ THE FOLLOWING LEGAL AGREEMENT CAREFULLY:
DISTRIBUTOR'S RIGHT TO DISTRIBUTE THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE
BY DISTRIBUTOR WITH THE TERMS OF THIS AGREEMENT.
I. GRANT OF LICENSE.
Webster's Lexxicon Publishing Corp. ("Webster's Lexxicon") grants to the
Distributor a nonexclusive, worldwide right to distribute the object code
version of the Software as shareware. This license to distribute the Software
is conditioned upon Distributor's compliance with the terms of this Agreement.
Distributor will not copy the Software, except as necessary to use it in
accordance with this license. Distributor is granted no right to modify
or sublicense the Software. Distributor may download the Software files from
Webster's Lexxicon Publishing Corp. electronic bulletin board system (BBS) at
(718)897-6902, settings are 8Nl, ANSI or TTY emulation, and full duplex, or
from Webster's Lexxicon Publishing Corp.'s designated FTP Internet site. All
files of this Software must be distributed bundled together, with the Software
.EXE files bundled with the all .DOC .INI .RHS or .TXT files. All Software
distribution must be via diskettes (which are either write-protected or
notchless) or via CD ROM, (in which case the original archive file from
Webster's Lexxicon Publishing Corp. must be used).
Distributor is prohibited from installing copies of the Software on hard drives
or tape media, and distributing such hard drives, or tape storage media.
II. NO SUBLICENSE FEE.
Shareware Distributors may not charge their customers for the Software other
than a nominal fee for diskettes, and must make clear on the diskette package
and diskette label that the Software on the diskette is for evaluation purposes
only, and that its use beyond 30 days requires a valid license or registration
through Webster's Lexxicon Publishing Corp.
Shareware Distributors agree not to offer any service or subscription that
includes updates of Webster's Lexxicon Publishing Corp. Software. Such access
to, or provision of, Webster's Lexxicon Publishing Corp. Software updates is
a benefit of properly licensing the Software through Webster's Lexxicon
Publishing Corp.
All registration and licensing opportunities shall be referred to Webster's
Lexxicon Publishing Corp.
III. COPYRIGHT.
This Software product (including any images, cartoon characters, illustrations
and fictional locations, (including but not limited to "Websterland"),
"applets," photographs, animations, video, audio, music, and text incorporated
into the Software, is owned by Webster's Lexxicon Publishing Corp. and is
protected by United States copyright laws and international treaty provisions.
Distributor acknowledges that no title to the intellectual property in the
Software is transferred to Distributor. Distributor further acknowledges that
full ownership rights to the Software will remain the exclusive property of
Webster's Lexxicon Publishing Corp. and Distributor will not acquire any rights
to the Software except as expressly set forth in this license. Distributor
agrees that any copies of the Software made by Distributor will contain the
same proprietary notices which appear on and in the Software.
IV. REVERSE ENGINEERING.
Distributor agrees that it will not attempt, and will use its best efforts to
prevent its employees from attempting to reverse compile, modify, translate or
disassemble the Software in whole or in part.
V. LIMITED END USER WARRANTY.
Webster's Lexxicon Publishing Corp. warrants the Software TO END USERS ONLY,
pursuant to the terms and conditions of the end user license, and NO warranty
is extended to Distributor. In the event the Software does not conform to the
limited warranty described in the end user license, Webster's Lexxicon
Publishing Corp. will provide the end user with a solution in accordance with
the terms of the end user license. Distributor agrees to provide Webster's
Lexxicon Publishing Corp. with reasonable assistance in providing warranty
assistance to end users.
VI. NO OTHER WARRANTIES.
Except as provided above, the software is provided "AS IS" without warranty
of any kind. This warranty is in lieu of any other warranties, express or
implied, including the implied warranties of merchantability and fitness for a
particular purpose. In no event will Webster's Lexxicon Publishing Corp. be
liable to you for damages, including any loss of profits, lost savings, or
other incidental or consequential damages arising out of your use of or
inability to use the Software, even if Webster's Lexxicon Publishing Corp. or
an authorized Webster's Lexxicon Publishing Corp. representative has been
advised of the possibility of such damages.
Some jurisdictions do not allow excluding or limiting implied warranties or
limiting liability for incidental or consequential damages, and some
jurisdictions have special statutory consumer protection provisions which may
supercede this limitation. As a result, this limitation of liability may not
apply to you if prohibited by the laws of your jurisdiction.
VII. SEVERABILITY.
If any provision of this Agreement is found to be unlawful, void, or
unenforceable, then that provision shall be severed from this Agreement and
will not affect the validity and enforceability of any of the remaining
provisions. In the event of invalidity of any provision of this license, the
parties agree that such invalidity shall not affect the validity of the
remaining portions of this license. This Agreement shall be governed by the
laws of the State of New York.
VIII. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall Webster's Lexxicon Publishing Corp. or its suppliers be
liable for consequential, incidental or indirect damages of any kind arising
out of the delivery, performance or use of the Software, even if Webster's
Lexxicon Publishing Corp. has been advised of the possibility of such damages.
In no event will Webster's Lexxicon Publishing Corp.'s liability for any claim,
whether in contract, tort, or any other theory of liability, exceed the
license fee paid by Distributor Entity.
IX. EXPORT LAWS AND ASSURANCES.
Distributor agrees that neither the software nor the direct product thereof is
intended to be shipped either directly or indirectly to country groups Q, S, W,
Y, Z, Afghanistan or the People's Republic of China, unless a validated export
license is obtained from the U.S. Department of Commerce. Distributor Entity
agrees and certifies that neither this software product, nor any other technical
data received from Webster's Lexxicon Publishing Corp., nor the direct product
thereof, will be exported outside the United States. If this product has been
rightfully obtained by you outside the United States, you agree that you will
not reexport this product, nor any other technical data received from Webster's
Lexxicon Publishing Corp., 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 this software product.
X. APPLICABLE LAWS.
This agreement shall be governed by and construed in accordance with the laws
of the United States and the State of New York, including copyright, trade
secret and trademark laws. If any provision of this License Agreement
shall be held invalid, illegal or unenforceable, the validity, legality and or
enforceability of the remaining provisions shall not in any way be affected
or impaired thereby. Any claim arising out of this Agreement will be brought
in the State of New York.
XI. U.S. GOVERNMENT RESTRICTED RIGHTS.
If Distributor provides the Software for use by DoD, Distributor agrees to
insure that the Software and any accompanying materials are provided with
Restricted Rights. Use, duplication, or disclosure by the Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013, or
subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted
Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Webster's
Lexxicon Publishing Corp. at the address below. If Distributor provides the
Software to or on behalf of any unit or agency of the United States Government,
the following provisions apply. The Government agrees: (i) If this Software
product is supplied to the Department of Defense, this Software product is
classified as "Commercial Computer Software," and the Government is acquiring
only "restricted rights" in this Software product and its documentation as that
term is defined in Clause 252.227-7013(c) (1) of the DFARS; and (ii) If this
Software product is supplied to any unit or agency of the United States
Government other than the Department of Defense, the Government's rights in this
Software product and its documentation will be defined in Clause 52.227-19(c)
(2) of the FAR, or, in the case of NASA, in Clause 1852.227-86(d) of the NASA
Supplement to the FAR.
XII. COMPLETE AGREEMENT.
This Agreement constitutes the entire agreement between Distributor and
Webster's Lexxicon Publishing Corp. which supersedes any prior agreement,
including any prior license from Webster's Lexxicon Publishing Corp. or
understanding, whether written or oral, relating to the subject matter of
this Agreement. Webster's Lexxicon Publishing Corp. reserves the right to
conduct or have conducted audits to verify Distributor's compliance with
this Agreement.
ANY QUESTIONS?
If you have any questions concerning the terms of this Agreement or special
programs for educational or charitable organizations, please call (718)
897-1554, Fax (718) 896-0484, or write to Webster's Lexxicon Publishing Corp.
Attn. Information Services, P.O. Box 751034, Forest Hills, New York 11375-8634.
Webster's Lexxicon Software programs are available at special discounts for
bulk purchases for sales, promotions, premiums, fundraising, or educational
use. Special Editions can also be created to specification.
For details contact: Director, Sales Information Center
Webster's Lexxicon Publishing Corp.
P.O. Box 751034
Forest Hills, New York 11375-8634
Internet: sales@websters.com
WLEXX990677BKR45E1A--1/95