OS/2 Shareware BBS: 35 Internet/35-Internet.zip/ongutils.zip/License.txt

Text File | 1997-04-13 | 6KB | 113 lines

                  INTERNATIONAL LICENSE AGREEMENT


     This is a legal agreement between you, the end user, and ONG
SoftWare and Andrew A. Phillips.

     ONG SoftWare and Andrew A. Phillips's ONG Utilities I (the
"software") is licensed by ONG SoftWare for use only on
the terms and conditions set forth in this document. Please read
this license agreement carefully. If you download or run the
software you are indicating to ONG SoftWare that you accept and
agree to be bound by the terms set forth in this document. If you
do not agree to the terms and conditions set forth in this document,
you agree that you will not download or run the software and we
thank you for your interest.

     1. Grant of License The software is not public domain software
nor is it free software. The use of the software, except for an initial
30-day trial period, requires registration. Non-licensed users are
granted a limited license to use the software on a 30-day trial
basis for the purpose of determining whether the software is
appropriate for their needs. After this period, you must either
register the software or remove it from your computer system. The
use of unlicensed copies of the software outside of the initial
30-day trial period by any person, firm, business, corporation,
government agency or other entity is strictly prohibited.

     Each purchase of ONG Utilities I comes with only one license.
Each single user license grants you the right to use one copy of
the software on a single terminal connected to a single computer
(ie. CPU). A licensed user may use the software on different
computers, but will not use the software on more than one computer
at the same time.

     2. Grant of Network License. A site license permits a company
with multiple users to use several copies of the software on stand-alone
computers, or to use a single copy over a network. A computer
network is any combination of two or more terminals that are
electronically linked and capable of sharing the use of a single
software program. A licensed computer network is a computer network
for which you have acquired and dedicated at least one version of
the software (which can run alone or as a network server). If you
wish to arrange for a site license, please contact ONG software for
more details.

     3. Copyright. The software is owned by ONG SoftWare and Andrew A.
Phillips. The software is protected by copyright laws. All rights
are reserved. You may either (a) make two copies of the software
solely for backup or archival purposes provided that you reproduce
all copyright and other proprietary notices that are on the original
copy of the software provided to you, or (b) transfer the software
to a single hard disk provided you keep the original solely for
backup or archival purposes. You may not copy the written materials
accompanying the software.

     4. Other Restrictions. You may not rent or lease the software. You
may not reverse engineer, decompile, disassemble, or create
derivative works from the software. Use of the software for any
military or arms production related purpose, whether direct or
indirect, is strictly prohibited and will constitute a breach
of the license granted under this Agreement.

     5. Termination. A breach of any term or condition in this Agreement
by a licensed user will entitle ONG SoftWare to terminate the
license granted hereby. Upon notice of termination from ONG
SoftWare, you agree that you will immediately cease the use of the
software, remove it from your computer system and destroy any
software disks or manuals acquired from ONG SoftWare.

     6. Dual Media software. If the software package contains both
3.5" and 5.25" disks, then you may use only the disks
appropriate for your single-user computer or licensed computer
network. You may not use the other disks on another computer or
computer network, or loan, rent or transfer them to another
user.

SOFTWARE LIMITED WARRANTY

     To the original customer purchasing this product in the first
instance only, ONG SoftWare provides the following warranties:

THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY ONG SOFTWARE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR
AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY
NEW WARRANTIES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME
THE RISK OF PAYING THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES. IN NO EVENT WILL ONG SOFTWARE BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR THE
INABILITY TO USE THIS PRODUCT EVEN IF ONG SOFTWARE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

LIMITATION OF REMEDIES

REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT
FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ONG SOFTWARE
OR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS BE LIABLE TO
YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES,
INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH
EVEN IF ONG SOFTWARE OR ANYONE ELSE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES AND PROVINCES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
CASE WILL ONG SOFTWARE'S LIABILITY EXCEED THE PURCHASE
PRICE FOR THE SOFTWARE.