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OS/2 Shareware BBS: 11 Util
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LicAgree.Txt
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1994-01-16
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6KB
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118 lines
LICENSE AGREEMENT
DO NOT USE THE SOFTWARE - until you carefully read the following terms and
conditions. Using the Software indicates that you, as the single end-user,
or as the duly authorized representative of a legal entity, such as a
corporation, accept these terms and conditions. If you object to any term
or condition in this agreement, then do not use the Software.
YOU UNDERSTAND THIS AGREEMENT (THE "AGREEMENT") IS THE FINAL, COMPLETE AND
EXCLUSIVE STATEMENT OF THE ENTIRE AGREEMENT BETWEEN ROBERT SIMPSON (THE
"AUTHOR") AND YOU.
License Agreement for Trial Evaluation
--------------------------------------
Subject to the terms and conditions of this Agreement, you are hereby granted
a temporary licence to use the executable versions of the related computer
software (the "Software") and related documentation (the "Documentation") for
a limited evaluation period. You may copy and distribute the Software for
use by others for a trial evaluation, if: 1) only the trial versions of the
software are distributed; and 2) the Software is provided in the same
complete and unaltered form as originally provided to you. Support, updates
and upgrades for non-registered users is at the sole discretion of the
Author. You may not decompile, modify, reverse engineer or sublicense the
Software. All right, title and interest in the Software and any copies is
retained by the Author.
Licence Agreement for Registered Users
--------------------------------------
Upon acceptance of your registration, you, or the legal entity you represent,
becomes a "Registered User". Registered Users are granted a license to use
the Software on one computer per license registered. Registered Users are
entitled to receive updates and upgrades, if any, at no charge or for a
nominal fee. Registered Users shall have access to any support that is
then-currently available from the Author. Registered Users may not assign,
sublicense or transfer in any way their license for registered versions of
the Software or Documentation. Registered Users may not copy the Software or
Documentation, provided, however, that Registered Users may install the
Software on the hard disk of one (1) computer for each license and may make
archival copies of the Software for backup purposes.
Limited Warranty
----------------
THE TRIAL VERSIONS OF THE SOFTWARE AND DOCUMENTATION ARE SUPPLIED "AS IS"
WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The registered version of the Software and Documentation is warranted to the
initial purchaser to operate in accordance with the Documentation when used
on an IBM PC compatible computer running the OS/2 version 2.0 operating
system or its successors (versions 2.x). THE AUTHOR SPECIFICALLY DISCLAIMS
ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING
FROM CUSTOM OR USAGE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limited Warranty (continued)
----------------
The entire and exclusive liability for any breach of warranty shall be either
the correction of errors in the Software and/or Documentation, if possible,
or the refund of the price paid for the license, at the discretion of the
Author. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY OTHER OBLIGATIONS OR
LIABILITIES INCLUDING WITHOUT LIMITATION LIABILITY FOR DAMAGES (WHETHER
GENERAL OR SPECIAL, DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY), OR FOR ANY CLAIM FOR THE LOSS OF DATA, PROFITS, BUSINESS OR
INFORMATION, OR DAMAGE TO GOOD WILL EVEN IF THE AUTHOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE AUTHOR'S MAXIMUM LIABILITY SHALL BE
LIMITED TO THE AMOUNT OF THE PRICE PAID TO REGISTER THE SOFTWARE.
Miscellaneous
-------------
If either the Software or Documentation is used in any way not expressly and
specifically permitted by this license, then the license shall immediately
terminate. Upon the termination of the license, you shall thereafter make no
further use of the Software or Documentation, and you shall destroy or return
to the Author all licensed materials, postage prepaid.
The Software and Documentation have been developed exclusively at private
expense, and are provided with RESTRICTED RIGHTS. Use, duplication or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 (Oct-88). The contractor is the
Author, 2839 Dolores Drive, Library, PA 15129.
This Agreement shall be considered severable, and, if for any reason any term
or condition is determined to be invalid, illegal, or unenforceable under
current or future law, such invalidity shall not impair the operation of, or
otherwise effect, the valid terms and conditions of this Agreement, so long
as the intent of this Agreement is maintained.
This Agreement shall be governed by, construed and enforced in accordance
with the laws of the Commonwealth of Pennsylvania, with the exception of its
conflict of law provisions. The parties consent to the personal jurisdiction
of the Commonwealth of Pennsylvania and agree that any legal proceedings
arising out of this Agreement shall be conducted solely in such Commonwealth.
This license may be amended by the Author's then-current license agreement
that is provided with the registered version of the Software.
No action, regardless of form, arising out of this Agreement may be brought
by either party more than two (2) years after a claim has accrued.
THIS AGREEMENT SUPERSEDES ANY PRIOR AND CONTEMPORANEOUS COMMUNICATION IN
RELATION TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER ORAL OR WRITTEN.
NO TERMS OR CONDITIONS, OTHER THAN THOSE CONTAINED IN THIS AGREEMENT, AND NO
OTHER UNDERSTANDING OR AGREEMENT WHICH IN ANY WAY MODIFIES THESE TERMS AND
CONDITIONS, SHALL BE BINDING UPON THE AUTHOR UNLESS MADE BY A WRITTEN
AGREEMENT, EXECUTED BY DULY AUTHORIZED REPRESENTATIVES OF BOTH THE AUTHOR AND
YOU.