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Text File
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1997-04-17
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14KB
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252 lines
BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE, YOU ARE
CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND
THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT TO
THE PLACE OF PURCHASE FOR A FULL REFUND.
CAMBRIDGE COMPUTER END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
This Agreement has 3 parts. Part I applies if you have not purchased a
license to the accompanying software (the "Software"). Part II applies
if you have purchased a license to the Software. Part III applies to
all license grants. If you initially acquired a copy of the Software
without purchasing a license and you wish to purchase a license,
contact Cambridge Computer Corporation ("Cambridge Computer") on the
Internet at http://www.cam.com.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED
TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.
Cambridge Computer grants you a non-exclusive license to use the
Software free of charge if (a) you are a student, faculty member or
staff member of an educational institution (K-12, junior college,
college or library), a staff member of a religious organization, or
an employee of an organization which meets Cambridge Computer's
criteria for a charitable non-profit organization; or (b) your use
of the Software is for the purpose of evaluating whether to purchase
an ongoing license to the Software. The evaluation period for use
by or on behalf of a commercial entity is limited to 90 days;
evaluation use by others is not subject to this 90 day limit.
Government agencies (other than public libraries) are not considered
educational, religious, or charitable non-profit organizations for
purposes of this Agreement. If you are using the Software free of
charge, you are not entitled to hard-copy documentation, support
or telephone assistance. If you fit within the description above,
you may use the Software in the manner described in Part III below
under "Scope of Grant."
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an "AS IS" basis, without
warranty of any kind, including without limitation the warranties
of merchantability, fitness for a particular purpose and
non-infringement. The entire risk as to the quality and performance
of the Software is borne by you. Should the Software prove
defective, you and not Cambridge Computer assume the entire cost
of any service and repair. In addition, the security mechanisms
implemented by Cambridge Computer software have inherent limitations,
and you must determine that the Software sufficiently meets your
requirements. This disclaimer of warranty constitutes an essential
part of the agreement.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY BY JURISDICTION.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, Cambridge
Computer grants to you a non-exclusive license to use the Software
and accompanying documentation ("Documentation") in the manner
described in Part III below under "Scope of Grant."
LIMITED WARRANTY.
Cambridge Computer warrants that for a period of ninety (90) days from
the date of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation.
Cambridge Computer does not warrant, however, that your use of the
Software will be uninterrupted or that the operation of the Software
will be error-free or secure. In addition, the security mechanisms
implemented by Cambridge Computer software have inherent
limitations, and you must determine that the Software sufficiently
meets your requirements. Cambridge Computer also warrants that the
media containing the Software, if provided by Cambridge Computer,
is free from defects in material and workmanship and will so remain
for ninety (90) days from the date you acquired the Software.
Cambridge Computer's sole liability for any breach of this warranty
shall be, in Cambridge Computer's sole discretion: (i) to replace
your defective media; or (ii) to advise you how to achieve
substantially the same functionality with the Software as described
in the Documentation through a procedure different from that set
forth in the Documentation; or (iii) if the above remedies are
impracticable, to refund the license fee you paid for the Software.
Repaired, corrected, or replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the
warranty that covered the original Software, or if longer, for thirty
(30) days after the date (a) of shipment to you of the repaired or
replaced Software, or (b) Cambridge Computer advised you how to operate
the Software so as to achieve the functionality described in the
Documentation. Only if you inform Cambridge Computer of your problem
with the Software during the applicable warranty period and provide
evidence of the date you purchased a license to the Software will
Cambridge Computer be obligated to honor this warranty. Cambridge
Computer will use reasonable commercial efforts to repair, replace,
advise or, for individual consumers, refund pursuant to the foregoing
warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
CAMBRIDGE COMPUTER. CAMBRIDGE COMPUTER MAKES NO OTHER EXPRESS
WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS.
THE DURATION OF IMPLIED WARRANTIES,INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE,
IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
LIMITATIONS MAY NOT APPLY TO YOU. NO CAMBRIDGE COMPUTER DEALER, AGENT,
OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS WARRANTY. If any modifications are made to the
Software by you during the warranty period; if the media is subjected
to accident, abuse, or improper use; or if you violate the terms of
this Agreement, then this warranty shall immediately be terminated.
This warranty shall not apply if the Software is used on or in
conjunction with hardware or software other than the unmodified
version of hardware and software with which the software was designed
to be used as described in the Documentation. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS
THAT VARY BY JURISDICTION.
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
You may:
- use the Software on any single computer;
- use the Software on a network, provided that each
person accessing the Software through the network
must have a copy licensed to that person;
- use the Software on a second computer so long as only
one copy is used at a time;
- copy the Software for archival purposes, provided any
copy must contain all of the original Software's
proprietary notices; or
- if you have purchased licenses for multi-packs,
make the respective number of licensed copies, of
the Software (but not the Documentation), provided
any copy must contain all of the original Software's
proprietary notices. The number of copies is the
total number of copies that may be made for all
platforms. Additional copies of Documentation may be
purchased.
You may not:
- permit other individuals to use the Software except
under the terms listed above;
- permit concurrent use of the Software;
- modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create
derivative works based on the Software;
- copy the Software other than as specified above;
- rent, lease, grant a security interest in, or
otherwise transfer rights to the Software; or
- remove any proprietary notices or labels on the
Software.
TITLE.
Title, ownership rights, and intellectual property rights in the
Software shall remain in Cambridge Computer and/or its suppliers.
The Software is protected by the copyright laws and treaties. Title
and related rights in the content accessed through the Software is
the property of the applicable content owner and may be protected
by applicable law. This License gives you no rights to such content.
TERMINATION.
The license will terminate automatically if you fail to comply with
the limitations described herein. On termination, you must destroy
all copies of the Software and Documentation.
EXPORT CONTROLS.
None of the Software or underlying information or technology may be
downloaded or otherwise exported or reexported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table
of Denial Orders. By downloading or using the Software, you are
agreeing to the foregoing and you are representing and warranting
that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
In addition, if the licensed Software is identified as a
not-for-export product (for example, on the box, media or
in the installation process), then the following applies:
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS,
THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED
OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON"
AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT
LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT
RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE,
YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU
ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CAMBRIDGE COMPUTER OR
ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL
CAMBRIDGE COMPUTER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
CAMBRIDGE COMPUTER RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE,
EVEN IF CAMBRIDGE COMPUTER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE,
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software is not fault-tolerant and is not designed, manufactured
or intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or weapons systems,
in which the failure of the Software could lead directly to death,
personal injury, or severe physical or environmental damage ("High
Risk Activities"). Cambridge Computer and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk
Activities.
MISCELLANEOUS.
If the copy of the Software you received was accompanied by a printed
or other form of "hard-copy" End User License Agreement whose terms
vary from this Agreement, then the hard-copy End User License
Agreement governs your use of the Software. This Agreement represents
the complete agreement concerning this license and may amended only by
a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE
ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE
TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any
provision of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable.
This Agreement shall be governed by Connecticut law (except for
conflict of law provisions). The application the United Nations
Convention of Contracts for the International Sale of Goods is
expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by
the Government is subject to restrictions set forth in subparagraphs
(a) through (d) of the Commercial Computer-Restricted Rights clause
at FAR 52.227-19 when applicable, or in subparagraph (b)(3)(ii) or
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, or to Cambridge
Computer's standard commercial license, as applicable, and in similar
clauses in the NASAFAR Supplement. Contractor/manufacturer is Cambridge
Computer Corporation, 80 Mt. Sanford Road, Mt. Carmel, CT 06518-1210.