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OS/2 Shareware BBS: 2 BBS
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license.txt
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1996-12-07
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104 lines
Idaho Central Interchange Software License Agreement
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING
AND USING THIS SOFTWARE. BY YOUR USE OF THIS SOFTWARE YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.
1. Grant of License.
Subject to the terms of this Agreement, Idaho Central Interchange
("ICI") grants you a non-exclusive, non-transferable license to:
(a) Use Data Downs or Data Downs Lite ("Software") contained in
this archive during the term of this Agreement on any single central
processing unit or single continuous Local Area Network (LAN) segment.
(b) Use the documentation contained in this archive during the term
of this Agreement in support of your use of the software.
(c) Copy and Distribute the "Data Downs Lite" version of the software.
2. Term of License.
The term of this Agreement and the license granted to you pursuant to
Paragraph 1 shall commence upon you installing the software and shall
remain in effect until terminated. You may terminate the license at any
time by destroying all copies, modifications, or merged portions of the
Software. It will also terminate if you fail to comply with any term or
condition of this Agreement. You agree upon such termination to destroy
the Software, any and all copies, modifications, or merged portions in
any form.
3. Copyright.
The Software and the accompanying documentation is owned by ICI and is
protected by United States copyright laws and international treaty
provisions. You may not modify, disassemble, decompile or reverse
engineer the Software or documentation, except as consented to in
writing by ICI. You shall not sell, lease, assign, sublicense or
otherwise transfer or disclose the Software in whole or in part, to any
third party. This license will automatically terminate if you transfer
possession of any copy of the Software to any other party.
4. General
(a) This Agreement is the complete agreement and understanding of the
parties with respect to the software and documentation, and supersedes
all prior oral, written, or representations and agreements. This
Agreement may only be amended in writing by an authorized officer of
ICI, and ICI expressly rejects any modifications to this Agreement and
all additional terms and conditions.
(b) Title in and to the software and documentation remain exclusively
in ICI, subject to the express, limited, and nonexclusive license
granted to you pursuant to Paragraph 1. This includes the original,
and all whole or partial copies thereof, modified copies, and copies
merged into other programs.
5. Acknowledgment and Indemnity.
YOU ACKNOWLEDGE THAT THE FAILURE TO PROPERLY OPERATE THE SOFTWARE
LICENSED HEREUNDER, INCLUDING THE TIMELY AND ACCURATE INPUT AND
TRANSMISSION OF ALL AND ANY DATA, COULD RESULT IN PROPERTY DAMAGE,
PERSONAL INJURY OR DEATH THAT MIGHT HAVE BEEN AVOIDED IF THE SOFTWARE
HAD BEEN PROPERLY OPERATED IN A TIMELY MANNER.
You agree to indemnify and hold ICI harmless from any and all claims,
damage, loss, cost, expense or other liability for property damage,
personal injury, wrongful death or any other claim resulting from the
negligent failure to properly operate the Software, including the
timely and accurate input and transmission of ALL and ANY data.
6. Limited Warranty.
ICI warrants that the Software will perform substantially in accordance
with the accompanying ICI end-use documentation for a period of sixty
(60) days from the date of purchase. THIS WARRANT IS EXCLUSIVE AND ICI
MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Remedies.
If you believe that the Software has not performed in accordance with
the foregoing limited warranty, you must notify ICI in writing not more
than 90 days after the end of the applicable warranty period. In the
event such limited warranty has been breached, ICI shall, at its
option, either (i) repair or replace the Software free of charge, or
(ii) accept the return of the Software and refund the purchase price
thereof.
No Liability for Damages. IN NO EVENT WILL ICI BE LIABLE TO YOU FOR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
LOST SAVINGS, PERSONAL INJURY, WRONGFUL DEATH, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE, EVEN IF ICI OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY,
EXCEPT TO THE EXTENT OF THE REMEDIES DESCRIBED ABOVE IN THE EVENT OF
THE BREACH OF THE LIMITED WARRANTY DESCRIBED ABOVE.
8. Governing Law.
The parties agree that any dispute or default arising from this
Agreement shall be governed by the internal law of the State of Idaho,
and each party agrees to submit to the jurisdiction and venue of the
Circuit Court of Cassia County, Idaho.
BY YOUR INSTALLATION AND USE OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU
HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND
THEREBY.