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SOFTware POWER 48
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03 SWP 048 - 05-1997.iso
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progs
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i14
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license.txt
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1996-12-21
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5KB
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82 lines
SOFTWARE LICENSE AND LIMITED WARRANTY
This is an agreement between you, the end user, and BAREFOOT Productions ("BAREFOOT").
By using this software, you are agreeing to become bound by the terms of this agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. REMOVE
ALL COMPONENTS FROM YOUR SYSTEM AND RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU
OBTAINED IT FOR A FULL REFUND.
1. GRANT OF LICENSE. BAREFOOT, as Licenser, grants to you, the LICENSEE, a nonexclusive
right to use this copy of a BAREFOOT software program (hereinafter the "SOFTWARE") on
a single COMPUTER (i.e. with a single CPU) at a single location so long as you comply
with the terms of this License. Each workstation upon which the SOFTWARE is used,
whether such workstation is a stand-alone computer, a networked computer or a terminal
on a multi-user computer must have a separately licensed copy of the SOFTWARE.
2. SITE AND CORPORATE LICENSE GRANT. If you acquired a "SITE LICENSE" or a
"CORPORATE LICENSE", BAREFOOT grants to you the right to use the number of copies
of the SOFTWARE for which you have paid. For single-user computers or workstations
attached to a network ("Network Stations"), the quantity of the SOFTWARE in use is
considered to be the maximum number of Network Stations on which the SOFTWARE is
either loaded in memory or virtual memory or stored on a hard disk or other storage
device at one time. For a multi-user computer, a use is counted for every session
of the SOFTWARE running on the computer. If the anticipated number of users of the
SOFTWARE will exceed the number of applicable Licenses for which you have paid, you
must have a process in force to assure that the number of concurrent users of the
SOFTWARE does not exceed the number of Licenses.
3. OWNERSHIP OF SOFTWARE. BAREFOOT retains the copyright, title and ownership of
the SOFTWARE and the written materials of the form or media in or on which the
original and other copies may exist. You may make one (1) copy of the SOFTWARE
solely for backup purposes. You must reproduce and include the copyright notice
on the backup copy.
4. TRANSFERS. You may physically transfer the SOFTWARE from one of your computers to
another provided that the SOFTWARE is used on only one computer at a time. You may
not distribute copies of the SOFTWARE or accompanying written materials to others.
You may not transfer the SOFTWARE to anyone without the prior written consent of
BAREFOOT. In no event may you transfer, assign, rent, lease, sell or otherwise
dispose of the SOFTWARE on a temporary basis.
5. TERMINATION. This license is effective until terminated. This License will
terminate automatically without notice from BAREFOOT if you fail to comply with
any provision of this License. Upon termination you shall destroy the written
materials and all copies of the SOFTWARE, including modified copies, if any.
6. 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 Barefoot Productions,
839 Welsh Court, Louisville, CO 80027.
7. LIMITED WARRANTY. BAREFOOT warrants the media on which the SOFTWARE is furnished
to be free of defects in material and workmanship, under normal use, for a period
of ninety (90) days following the date of delivery to you. In the event of defects,
BAREFOOT's sole liability shall be to replace the defective media which has been
returned to BAREFOOT or the supplier with your dated invoice and is shown to be
defective. In the event that BAREFOOT is unable to replace defective media,
BAREFOOT shall refund your money upon your termination of this license.
8. DISCLAIMER OF WARRANTIES. BAREFOOT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
9. BAREFOOT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO
USE THE PRODUCT EVEN IF BAREFOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Should any other warranties be found to exist, such warranties shall be limited in
duration to ninety (90) days following the date of delivery to you. In no event
will BAREFOOT's liability for any damages to you or any other person exceed the
amount paid for the license to use the SOFTWARE.
11. This license shall be governed and construed in accordance with the laws of the
State of Colorado and shall benefit BAREFOOT, its successors and assigns.