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LICENSE.DOC
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1997-02-05
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99 lines
Virtual ComTech 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. LICENSE.
Virtual ComTech International, Inc. ("Virtual") hereby grants you
the nonexclusive right to:
(a) Use the 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.
IF THIS IS A "DEMO VERSION" THEN THE TERM LIMIT IS SIXTY (60) DAYS
MAXIMUM FOR THE EVALUATION PERIOD. AFTER 60 DAYS YOU MUST EITHER
REGISTER (PURCHASE) THE SOFTWARE, OR DISCONTINUE ITS USE.
(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 "DEMO VERSION" of the software.
Serial Numbers ("UNLOCKING KEYS") are NOT to be distributed.
2. RESTRICTIONS.
You agree that you may not:
(a) Copy the software or documentation, except to the extent provided
in Paragraph 1 (c).
(b) Sublicense, distribute, disclose, or transfer the software or the
documentation or the serial numbers ("UNLOCKING KEYS"), in whole
or in part, to any third party.
(c) Reverse assemble, reverse compile or reverse engineer the software.
(d) Use the software, documentation, or any portion thereof after
any expiration, termination, or cancellation of this Agreement
or any license granted hereunder.
3. LIMITED LIABILITY.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED ON AN "AS-IS" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE LIABILITY FOR THE
SELECTIONS AND USE OF THE SOFTWARE AND DOCUMENTATION, AND VIRTUAL
SHALL HAVE NO LIABILITY FOR ANY ERROR, MALFUNCTIONS, DEFECTS, OR
LOSS OF DATA RESULTING FROM OR RELATED TO THE USE OF SOFTWARE
AND/OR DOCUMENTATION.
VIRTUAL SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, OR
CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO
THIS AGREEMENT OR YOUR USE OF THE SOFTWARE AND/OR DOCUMENTATION,
EVEN IF VIRTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VIRTUAL'S LIABILITY HEREUNDER, IF ANY, EXCEED THE
PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.
4. TERM.
The term of this Agreement and the license granted to you
pursuant to Paragraph 1 shall commence upon you installing
the software and shall terminate as outlined in Paragraph 5.
5. TERMINATION/CANCELLATION.
This Agreement and the license granted to you herein may be
terminated/cancelled by Virtual in the event you are in breach of
any provision of this Agreement. You may terminate/cancel any
license granted hereunder at any time. In either event, you must
destroy all copies of the software, serial number, and documentation.
6. 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 Virtual, and Virtual 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
Virtual, 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.
(c) This Agreement shall be governed by the laws of the State of Michigan.
All suits to interpret or enforce this Agreement will be brought in the
Circuit Court for Ottawa County, Michigan. You hereby consent to said
Court's jurisdiction and this venue.
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.