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omdielem Folder
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1997-03-02
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85 lines
To reduce size and cost to our valued end-users, all OMDI
software documentation has gone on-line! Visit
http://www.octavian.com/omdielem.html
Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE")
CAREFULLY BEFORE USING OCTAVIAN MICRO DEVELOPMENT INC.
("OMDI") SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO
BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO
THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. License. The software accompanying this License is the
property of Octavian Micro Development Inc. OMDI retains
title to the OMDI software. The OMDI software accompanying
this License allows you to evaluate the OMDI software as a
"not fully tested" version of the OMDI software. You may not
copy, redistribute it, incorporate it into your products for
sale, or resell it in any way.
2. Disclaimer Of Warranty. Some of the OMDI software may be
designated as alpha, beta, development, pre-release,
untested, or not fully tested versions of the OMDI software.
Such OMDI software may contain errors that could cause
failures or loss of data, and may be incomplete or contain
inaccuracies. Versions of the OMDI software included with
this License are designated as "not fully tested" software.
You expressly acknowledge and agree that use of the OMDI
software is at your sole risk. The OMDI software is provided
"AS IS" and without warranty of any kind and OMDI EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. OMDI DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE OMDI SOFTWARE WILL MEET
YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE OMDI SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
OMDI SOFTWARE WILL BE CORRECTED. FURTHERMORE, OMDI DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE OMDI SOFTWARE OR IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY OMDI OR AN OMDI
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE OMDI
SOFTWARE PROVE DEFECTIVE, YOU (AND NOT OMDI OR AN OMDI
AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. IN EVALUATING THIS
SOFTWARE YOU ACCEPT THE SOLE ALLOCATION OF RISK.
3. Limitation Of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL OMDI BE LIABLE FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR
INABILITY TO USE THE OMDI SOFTWARE, EVEN IF OMDI OR AN OMDI
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO
YOU. In no event shall OMDI have any liability to you for
damages, losses, and causes of action (whether in contract,
tort (including negligence) or otherwise) due to the nature
of software that may be designated as alpha, beta,
development, pre-release, untested, or not fully tested
(mentioned in section 2.) Versions of the OMDI software
included with this License are designated as "not fully
tested" software.
4. Controlling Law and Severability. This License shall be
governed by the laws of Canada and the Province of Alberta.
If for any reason a court of competent jurisdiction finds any
provision, or portion thereof, to be unenforceable, the
remainder of this License shall continue in full force and
effect. Actions are to be taken by Canadian citizens in the
Court of Queen's Bench, Calgary.
5. Complete Agreement. This License constitutes the entire
agreement between the parties with respect to the use of the
OMDI software and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to
or modification of this License will be binding unless in
writing and signed by OMDI.
© 1997 Octavian Micro Development Inc.
* All trademarks are the property of their respective owners.