Five Quarters Bundle/Edge: Five Quarters Bundle.iso/speedyrm/_setup.lib/LICENSE.TXT

Text File | 1996-03-21 | 10.4 KB | 206 lines

     COPYRIGHT

     Copyright 1996 Quarterdeck Corporation. All rights reserved.
     Copyright 1996 Future Systems Solutions, Inc.  All rights reserved.

     Quarterdeck Corporation
     13160 Mindanao Way
     Marina del Rey, CA 90292-9705
     [phone]

     This software is intended for use by the original purchaser only
     and for use on a single machine (whether a stand-alone computer
     or a workstation component of a multi-terminal system). Lawful
     users of this software are hereby licensed only to read the
     software on the enclosed diskette(s) from their medium into the
     memory of a computer solely for the purpose of executing it.
     Copying, duplicating, selling, or otherwise distributing this
     software is a violation of the law.

     This manual is copyrighted and all rights reserved. This manual
     may not, in whole or part, be copied, photocopied, reproduced,
     translated, or reduced to any electronic medium or machine
     readable form without prior written consent from Quarterdeck
     Corporation.

     TRADEMARKS

     Quarterdeck, QEMM, Manifest, CleanSweep, and DESQview
     are registered trademarks and Quarterdeck Expanded Memory
     Manager, DESQview 386,  DESQview/X, WebAuthor,
     MagnaRAM, Global Stage, Global Chat, WinProbe, Quarterdeck
     Mosaic, WebServer, InternetSuite, the Quarterdeck "Q" symbol,
     Connect and Play, eXpertise, Quarterdeck IWare Connect,
     IWare InternetSuite, WebSTAR, ListSTAR, WebTalk,
     TotalWeb, SpeedyRom and WebCompass are trademarks of
     Quarterdeck Corporation. All other trademarks and registered
     trademarks are trademarks or registered trademarks of their
     respective holders.

     License

     United States:

     This License is your proof of license.

     Please treat it as valuable property.

     QUARTERDECK END USER LICENSE AGREEMENT (THE
     "AGREEMENT")

     NOTICE TO END USER: CAREFULLY READ THE
     FOLLOWING LEGAL AGREEMENT. USE OF THE
     SOFTWARE (THE "SOFTWARE") PROVIDED WITH THIS
     AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF
     THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS
     OF THIS AGREEMENT, PROMPTLY RETURN THE
     SOFTWARE AND THE ACCOMPANYING ITEMS
     (INCLUDING WRITTEN MATERIALS, BINDERS AND
     CONTAINERS) TO THE LOCATION WHERE YOU
     OBTAINED THEM FOR A FULL REFUND.

     1. License Grant. Quarterdeck Corporation ("Quarterdeck")
     grants to you (either as an individual or entity) a nonexclusive
     sublicense subject to the provisions hereof: (a) to use the
     SOFTWARE solely for your own internal personal or business
     purposes on a single computer (whether a standard computer or a
     workstation component of a multi-user network).

     You may make and maintain up to three backup copies of the
     software, provided they are used only for backup purposes or by
     you personally on another workstation (such as at home) so long
     as the Software is not used on more than one machine at a time,
     and you keep possession of the backups. In addition, all the
     information appearing on the original disk labels (including the
     copyright notice) must be copied onto the backup labels.

     2. Proprietary Rights. You acknowledge that the SOFTWARE is
     proprietary to Quarterdeck and its suppliers. You agree to hold
     the SOFTWARE in confidence, disclosing the SOFTWARE
     only to authorized employees having a need to use the
     SOFTWARE as permitted by this Agreement and to take all
     reasonable precautions to prevent disclosure to other parties.

     3. Other Copies, except as otherwise provided herein. You will
     not make or have made, or permit to be made, any copies of the
     SOFTWARE or portions thereof, except as necessary for its use
     with a single licensed computer system under the terms and
     conditions of this Agreement. You agree that any such copies
     shall contain the same proprietary notices which appear on or in
     the SOFTWARE.

     4. Ownership. Except as stated above, this Agreement does not
     grant you any rights to patents, copyrights, trade secrets, trade
     names, trademarks (whether registered or unregistered), or any
     other rights, franchises, or licenses in respect of the
     SOFTWARE. Title to and ownership of the SOFTWARE, any
     reproductions and any documentation shall remain with
     Quarterdeck and its suppliers. You will not adapt or use any
     trademark or trade name which is likely to be similar to or
     confusing with that of Quarterdeck or any of its suppliers or take
     any other action which impairs or reduces the trademark rights of
     Quarterdeck or its suppliers.

     5. Other Restrictions. This Agreement is your proof of license to
     use the SOFTWARE in accordance with these terms and must be
     retained by you. You may not rent or lease the SOFTWARE, but
     you may assign your rights under this Agreement on a permanent
     basis to an assignee of all of your rights, title and interest to such

     SOFTWARE provided you transfer this Agreement, all copies of
     the SOFTWARE and all accompanying written materials, and
     such assignee agrees to be bound by all the terms and conditions
     of this Agreement. YOU MAY NOT ALTER, MODIFY,
     REVERSE ENGINEER, DECRYPT, DECOMPILE, OR
     DISASSEMBLE THE SOFTWARE.

     6. Limited Warranty. Quarterdeck warrants that the SOFTWARE
     will perform substantially in accordance with the accompanying
     written materials and that the printed materials and diskettes are
     free from any physical defects for a period of ninety (90) days
     from the date of purchase.   Any warranties on the SOFTWARE,
     printed materials or diskettes as herein explicitly granted are
     limited to ninety (90) days.

     7. Customer Remedies. Quarterdeck's entire liability and your
     sole and exclusive remedy shall be, at Quarterdeck's option,
     either to (a) correct the error, (b) help the end user work around
     or avoid the error or (c) authorize a refund, so long as the
     SOFTWARE, printed materials or diskettes are returned to
     Quarterdeck with a copy of your receipt. This Limited Warranty
     is void if failure of the SOFTWARE has resulted from accident,
     abuse, or misapplication. Any replacement SOFTWARE will be
     warranted for the remainder of the original warranty period.

     8. No Other Warranties. BOTH QUARTERDECK AND THE
     LICENSOR OF QUARTERDECK DO NOT WARRANT THAT
     THE QUARTERDECK SOFTWARE IS ERROR FREE EXCEPT, AS
     STATED IN PARAGRAPH SIX ABOVE. QUARTERDECK AND THE
     LICENSOR OF QUARTERDECK DISCLAIM ALL WARRANTIES,
     EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
     TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
     FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF
     THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE,
     THE ACCOMPANYING WRITTEN MATERIALS OR DISKETTES AS
     ALLOWED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT
     ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
     LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
     MAY LAST, OR THE EXCLUSION OR LIMITATION OF
     INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
     ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
     APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
     LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
     RIGHTS WHICH VARY FROM JURISDICTION TO
     JURISDICTION.

     9. Export. You acknowledge that the laws and regulations of the
     United States restrict the export and re-export of commodities
     and technical data of United States origin, including the
     SOFTWARE. You agree that you will not export or re-export the
     SOFTWARE in any form without the appropriate United States
     and foreign government licenses and permission from
     Quarterdeck. You agree that its obligations pursuant to this
     section shall survive and continue after any termination or
     expiration of rights under this Agreement.

     10. Severability. In the event of invalidity of any provision of
     this Agreement, the parties agree that such invalidity shall not
     affect the validity of the remaining portions of this Agreement.
     The United Nations Convention on Contracts for the
     International Sale of Goods is specifically disclaimed.

     11. No Liability for Consequential Damages. IN NO EVENT
     SHALL QUARTERDECK OR THE LICENSOR OF QUARTERDECK
     BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL,
     INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING
     OUT OF THE USE OF THE SOFTWARE, EVEN IF QUARTERDECK
     OR THE LICENSOR OF QUARTERDECK HAS BEEN ADVISED OF
     THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
     QUARTERDECK'S LIABILITY FOR ANY CLAIM, WHETHER IN
     CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED
     THE LICENSE  FEE PAID BY YOU.

     12. U.S. GOVERNMENT RESTRICTED RIGHTS.

     If this product is acquired under the terms of a: DoD contract:
     Use, duplication or disclosure by the Government is subject to
     restrictions as set forth in subparagraph (c)(1)(ii) of 252.227-
     7013. Civilian agency contract: Use, reproduction or disclosure
     is subject to 52.227-19 (a) through (d) and restrictions set forth
     in the accompanying end user agreement. Unpublished-rights
     reserved under the copyright laws of the United States.
     Quarterdeck Corporation, 13160 Mindanao Way Marina del
     Rey, CA 90292-9705.

     13. Governing Law. This Agreement is governed by the laws of
     the State of California.

     14. Entire Agreement. This is the entire agreement between you
     and Quarterdeck which supersedes any prior agreement, whether
     written or oral, relating to the subject matter of this Agreement.

     Should you have any questions concerning this Agreement, or if
     you desire to contact Quarterdeck for any reason, please write:
     Quarterdeck Corporation, 13160 Mindanao Way Marina del
     Rey, CA 90292-9705.