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OS/2 Shareware BBS: 8 Other
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npru209.zip
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LICENSE.TXT
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2000-05-15
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PRINTER DRIVER SOFTWARE LICENSE
COPYRIGHT IN THE ACCOMPANYING SOFTWARE ("THE SOFTWARE") IS OWNED
BY INTERNATIONAL BUSINESS MACHINES AND/OR THIRD PARTIES
(COLLECTIVELY "IBM"). YOU, THE END USER, MAY NOT LOAD THE
SOFTWARE INTO ANY COMPUTER, USE IT FOR ANY PURPOSE OR COPY IT
WITHOUT A LICENSE FROM IBM.
BEFORE USING THIS SOFTWARE, YOU SHOULD CAREFULLY READ THE
FOLLOWING TERMS AND CONDITIONS.
IBM OR THE APPLICABLE IBM COUNTRY ORGANIZATION OFFERS YOU A
NON-EXCLUSIVE LICENSE FOR THE SOFTWARE ON THE TERMS OF THIS
LICENSE AGREEMENT ONLY IN THE COUNTRY WHERE YOU ACQUIRED THE
SOFTWARE. BY OPENING THE SEALED DISK PACKAGE OR BY LOADING THE
SOFTWARE INTO A COMPUTER, YOU ARE AGREEING TO BE BOUND BY THESE
TERMS. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT YOU
MAY, WITHIN 14 DAYS OF PURCHASE, RETURN THE UNOPENED DISK
PACKAGE CONTAINING THE SOFTWARE, TOGETHER WITH ITS OTHER
PACKAGING AND DOCUMENTATION UNUSED AND INTACT TO YOUR SUPPLIER,
IN COMPLIANCE WITH THEIR RETURNS PROCEDURES, FOR A FULL REFUND.
AS USED HEREIN, THE TERM "SOFTWARE" MEANS THE ORIGINAL AND ALL
WHOLE OR PARTIAL COPIES OF IT, INCLUDING MODIFIED COPIES OR
PORTIONS MERGED INTO OTHER PROGRAMS. IBM OWNS OR HAS LICENSED
FROM THE OWNER, COPYRIGHTS IN THE SOFTWARE.
YOU ARE SOLELY RESPONSIBLE FOR THE INSTALLATION OF, USE AND
RESULTS OBTAINED FROM, THE SOFTWARE.
Grant of License
The Software is licensed, and not sold, for use by you only on a
computer that is directly or indirectly coupled to an IBM
printer in which either a PostScript or PCL feature has been
validly enabled. In addition, you may use the Software on a
computer, network or system which permits electronic access to
it by more than one user, provided that said computer, network
or system is connected to an IBM printer in which either a
PostScript or PCL feature has been validly enabled. No other use
is permitted.
You obtain no rights to the software other than those granted
you under this license. IBM and/or its third party suppliers
retain title to the Software, its documentation and any full or
partial copies thereof. You are not permitted to sublicense,
assign, rent or lease the Software.
You may transfer the Software and your rights under this license
to another party. In order for the transfer to be valid, the
other party agrees to all of the terms and conditions of this
license agreement by its first use of the Software.
If you transfer the software, you must transfer an unaltered
copy of this license, all related contract documentation all
other documentation and at least one complete, unaltered copy of
the software to the other party. You must, at the same time,
either transfer all your other copies of the Software and its
documentation to the other party or destroy them. Your license
to utilize the Software in any manner is terminated once you
transfer a copy of the Software to another party.
You must reproduce the copyright and any proprietary notice(s)
on each copy or partial copy of the Software or its
documentation that you make.
You may not make any copies of the Software except such copies
as are necessary for licensed use and operational security.
For this purpose, one archival copy may be made. Any such copy
is subject to the conditions of this license. Documentation,
including help files, may not be copied for any purpose without
IBM's consent.
You may not copy, modify, adapt, merge, translate, reverse
engineer, decompile, disassemble or create derivative works
based on the whole or any part of the Software or its associated
documentation except as provided in this license.
You may be held legally responsible for any copyright
infringement, unauthorized transfer, reproduction or use of the
Software or its documentation.
Acceptance
You shall be deemed to have accepted the terms of this Agreement
by opening the package in which the media containing the
Software is sealed or by loading the Software into a computer.
Termination
This license is effective until terminated. You may terminate
your license at any time. In addition, IBM may terminate the
license if you fail to comply with the terms of this Agreement.
In either event, upon termination, you agree to destroy all
copies of the Software and its documentation.
Limited Warranty
IBM warrants to the original user that the Software, if
unaltered, will perform substantially in accordance with its
accompanying documentation, provided that the Software is
properly used on a computer and with an unmodified operating
system for which it was designed. Except for the foregoing
warranty, IBM is licensing the software to you "as is." The
express terms of this Agreement are in lieu of all warranties,
conditions, undertakings, terms and obligations implied by
statute, common law, trade usage, course of dealing or
otherwise, all of which are hereby excluded to the fullest
extent permitted by law.
If you notify IBM of significant errors in the Software or its
documentation within ninety days from the date of purchase, IBM
will, at its option, correct any such demonstrable errors in the
Software or its documentation within a reasonable time or
provide or authorize a refund of the price paid for the Software
upon return of the Software and its documentation.
IBM does not warrant that the Software will meet your
requirements or that the operation of the Software will be
uninterrupted or error-free or that defects in the Software will
be corrected. You shall load and use the Software at your own
risk and in no event shall IBM be liable for any loss, damage or
expense (including indirect and consequential loss or damage) of
any nature (except personal injury or death resulting from IBM's
negligence) howsoever arising and including but not limited to
any loss resulting directly or indirectly from the use of the
Software.
This limited warranty for the media and Software will apply
only if the Software is licensed and located in the United
States and Puerto Rico. Outside the United States, contact your
local IBM supplier for information on warranty.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some countries and states in the U.S. do not allow the exclusion
of implied warranties, so the above exclusion may not apply to
you. This limited warranty gives you specific legal rights, and
you may also have other rights which vary from state to state.
Limitation of Remedies
IBM's liability or that of its third party suppliers under this
license is as follows:
IBM will provide any warranty described in this license or, if
included with the Software, IBM's Statement of Limited Warranty.
IBM will (a) replace defective media, or (b) make a warranted
program operate or replace the Software with functionally
equivalent Software, as such options may be warranted.
Otherwise, you may terminate your license, return all copies of
the Software and its documentation, and IBM will refund the
amount you paid to license the Software.
For any claim, including fundamental breach, in any form,
related in any way to this license, IBM's entire liability in
the aggregate will be for actual damages only and shall be
limited to the IBM's then generally available license fee for
the Software or the license fee you paid, whichever is greater.
This limitation will not apply to claims for bodily injury or
damages to real or tangible personal property for which IBM is
legally liable.
IBM will not be liable for any lost profits, lost savings, or
incidental damages or other economic consequential damages, even
if IBM, or its suppliers, has been advised of the possibility of
such damages. IBM will not be liable for any damages claimed by
you on any third party claim.
This limitation of remedies also applies to any supplier of
software or data supplied to IBM and included in the Software.
IBM's and the supplier's limitations of remedies are not
cumulative. Such developer is an intended beneficiary of this
section regarding Limitation of Remedies.
Some jurisdictions do not allow these limitations or exclusions,
so they may not apply to you.
General
If any provision or portion of this Agreement shall be found to
be illegal, invalid or unenforceable, the remaining provisions
or portions shall remain in full force and effect. This
Agreement shall be governed by the law of the jurisdiction in
which the Software is acquired.
You are responsible for payment of taxes, including personal
property taxes, resulting from this license.
No party to this license agreement may bring an action,
regardless of form, more than two years after the cause of the
action arose.
If you acquired the Software in the United States, this license
is governed by the laws of the State of New York. If you
acquired the software in Canada, this license is governed by the
laws of the Province of Ontario. Otherwise, this license is
governed by the laws of the country in which you acquired the
Software.