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Text File | 1992-10-10 | 21.5 KB | 512 lines

┌╦═══╦┐ ┌╦═══╦┐ ┌╦ ╦┐ ┌╔═══╦┐ ┌╦═══╦┐ │╠═══╩┘ │║ ║│ │║╔╩╗║│ ├╬═══ │╠══╦╩┘ └╩ └╩═══╩┘ └╩╝ ╚╩┘ └╩═══╩┘ └╩ ╚═┘ Version 1.0 Date October 8, 1992 Copyright 1991-1992 Michael D. O'Connor All Rights Reserved ┌─────────┐ ┌─────┴───┐ │ (R) ──│ │o │────────────────── │ ┌─────┴╨──┐ │ Association of │ │ │─┘ Shareware └───│ o │ Professionals ──────│ ║ │──────────────────── └────╨────┘ MEMBER ┌──────────────────┐ │ FILE LICENSE.DOC │ └──────────────────┘ Trial-Use and Limited Distribution License ────────────────────────────────────────── and Personal or Site Software License ───────────────────────────────── This file, LICENSE.DOC, contains software licenses for both the evaluation (trial) and registered (licensed) uses of Power. These licenses apply to both individual users and sites (corporations or organizations) who wish to distribute copies to others. For additional usage information, see the README.1ST file contained in the archive. SHAREWARE EVALUATION INFORMATION ──────────────────────────────── A TRIAL USE LICENSE appears below, with the terms for use of Power during the 30-day evaluation period. A LIMITED DISTRIBUTION LICENSE also appears, which governs reproduction and distribution of Power in its Shareware form. REGISTERED USER INFORMATION ─────────────────────────── At the end of this file, the PERSONAL OR SITE SOFTWARE LICENSE applies to all registered (licensed) users of Power. If you wish a signed copy of the license, file it out and send it to me with your order. If you don't want a signed copy of the license, you are still bound by its terms and conditions. ┌───────────────────────────────────────────────────────────────┐ │ Please! Show your support for shareware by registering the │ │ programs you actually use. My ability to enhance Power │ │ depends upon and needs your support. Thank you! │ └───────────────────────────────────────────────────────────────┘ =================================================================== TO DISTRIBUTE OR TO EVALUATE THE SHAREWARE VERSION OF POWER ON A TRIAL BASIS, SEE THE TRIAL USE AND LIMITED DISTRIBUTION LICENSE FOLLOWING THIS PAGE. =================================================================== POWER Version 1.0 TRIAL USE AND LIMITED DISTRIBUTION LICENSE ────────────────────────────────────────── 1.0 COPYRIGHT. Power is NOT a public domain program. It is Copyright 1991 by Michael D. O'Connor. The proprietary computer program called Power ("SOFTWARE") and documentation are protected by United States Copyright law and by International Treaty provisions. Evaluation and distribution of this SOFTWARE must comply with Copyright law and the terms of this TRIAL USE AND LIMITED DISTRIBUTION LICENSE. 2.0 TRIAL USE. I (LICENSOR) hereby grant you (LICENSEE) a limited LICENSE to use this SOFTWARE and its documentation for evaluation purposes for a period not to exceed thirty (30) days. If you use this SOFTWARE and documentation after this period, you are required to make a registration payment to LICENSOR. 2.1 TIME LIMIT ON TRIAL USE. Using this SOFTWARE and documentation after the 30 day evaluation period, without registering the SOFTWARE, is a violation of the terms of this limited LICENSE, and a violation of copyright. 2.2 OTHER LIMITATIONS ON TRIAL USE. LICENSEE shall not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed SOFTWARE except as provided in this AGREEMENT. Any unauthorized use shall result in immediate and automatic termination of this LICENSE. 3.0 LIMITED DISTRIBUTION. As the copyright holder for Power, I authorize individuals, BBS SysOps, User Groups and ASP Disk Vendors to distribute the Power executable program according to the following restrictions. I DO NOT authorize anyone to distribute the source code to Power, which is not available. Vendors and Distributors who are not members of the ASP, and who sell shareware evaluation copies for profit, must refer to the VENDOR.DOC file for procedures to obtain distribution permission. 3.1 INDIVIDUAL EVALUATION. Individuals may copy Power for their own evaluation purposes, or for other individuals to evaluate, subject to the following conditions. 3.2 PRODUCT DEFINITION AND INTEGRITY. Power is defined as containing EXACTLY the material listed in the PACKING.LST file, and must be distributed as a complete package, without modification of any kind. If any listed files including the PACKING.LST file itself are missing or extra, then the package is defective and distribution is forbidden--please contact me to obtain a complete package suitable for distribution. 3.3 DISTRIBUTION COST LIMIT. No price or other compensation may be charged for Power. A distribution cost may be charged for the cost of the diskette, shipping and handling, as long as the total (per disk) does not exceed US $8.00 in the United States and Canada, or US $12.00 internationally. A nominal distribution fee (for example: reimbursement for connect and communication charges), may be charged by for-pay BBS systems such as CompuServe. 3.4 PRODUCT PRESENTATION. Power CANNOT be sold as part of some other inclusive package, nor can it be included in any commercial SOFTWARE packaging offer, without a written AGREEMENT from me. Power cannot be "rented" or "leased" to others. 3.5 USER AWARENESS OF RESPONSIBILITY. Anyone to whom you give a copy of Power MUST be made aware of: (1) each disk or copy is ONLY for evaluation, and (2) he or she does not become a registered (licensed) user until I receive payment for the SOFTWARE. These requirements can be met by distributing the complete Power package precisely as defined by the file PACKING.LST. 3.6 CURRENT VERSION OF PRODUCT. I prohibit the distribution of outdated versions of the Power package. If the version you have is older than twelve (12) months old, please contact me to ensure you have the most current version. This version's date and number are shown at the top of this file. 3.7 U.S. GOVERNMENT INFORMATION: Use, duplication, or disclosure by the U.S. Government of the computer SOFTWARE and documentation in this package shall be subject to the restricted rights applicable to commercial computer SOFTWARE as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (DFARS 52.227-7013). The contractor/manufacturer is: Michael D. O'Connor President, Byte O'Software P.O. BOX 283 Sterling, VA 20167 U.S.A. 4.0 All rights not expressly granted herein are reserved to me. =================================================================== FOR SINGLE SYSTEM AND SITE LICENSE REGISTERED USERS: WHEN YOU REGISTER POWER, YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THE PERSONAL OR SITE LICENSE AGREEMENT ON THE FOLLOWING PAGES. IF YOU WOULD LIKE A SIGNED COPY OF THE AGREEMENT, FILL OUT THE AGREEMENT AND SEND IT TO ME, AND I WILL SIGN IT AND RETURN IT TO YOU FOR YOUR FILES. =================================================================== POWER Version 1.0 PERSONAL or SITE SOFTWARE LICENSE AGREEMENT ─────────────────────────────────────────── This AGREEMENT is entered into this _____ day of _______, _____, by and between Michael D. O'Connor, an individual, P.O. BOX 283, Sterling, VA 20167, USA, hereinafter referred to as LICENSOR, and ___________________________________________________________________, located at _________________________________________________________ hereinafter referred to as LICENSEE. LICENSOR and LICENSEE agree to: 1.0 LICENSE TO USE LICENSOR'S PROGRAM ────────────────────────────────────── 1.1 LICENSE GRANT. LICENSOR, for the PAYMENT named, hereby grants to LICENSEE a non-exclusive LICENSE to use the proprietary computer program called Power ("SOFTWARE"). "Use" means copying of any portion of the licensed object code program from a storage unit or media into the designated equipment, execution of the licensed SOFTWARE on the equipment, and archiving the SOFTWARE for backup purposes. Source code is not included in this LICENSE. / circle one \ 1.2 PAYMENT. For the (personal)(site) LICENSE to use this SOFTWARE, LICENSEE shall pay LICENSOR a one-time fee of _____________________________________ US Dollars ($__________). (fee in words) (fee in numbers) 1.3a FOR PERSONAL LICENSE ONLY. LICENSOR grants to LICENSEE the right to use and cause the SOFTWARE to be active on no more than one computer system at a time. 1.3b FOR SITE LICENSE ONLY. LICENSOR grants to LICENSEE the nontransferable, nonexclusive right to use and distribute _______ copies of the SOFTWARE internal to the LICENSEE's organization. 1.3b.1 SITE DISTRIBUTION. LICENSOR will deliver one copy of the licensed SOFTWARE to LICENSEE, unless LICENSEE requests separately-serialized diskettes, then LICENSOR will deliver the requested number of copies. If LICENSEE requests a single master diskette, LICENSEE may make additional copies of the program, up to the number of copies licensed herein, provided each copy of the program contains Power's copyright notice, copy number, and any proprietary legends (including those under the Federal Acquisition Regulations (FAR) if any), contained on the delivered copy. 1.3b.2 COUNT OF SITE COPIES. Each copy of the licensed SOFTWARE provided under this LICENSE may be used on only one computer at any one time. If Power is made available on a Local Area Network (LAN) or Wide Area Network (WAN) system, each terminal user configured on the LAN or WAN is automatically considered to be using a distinct copy of the licensed SOFTWARE, whether or not it is active on a given terminal. 1.4 BRANDING OF REGISTERED COPIES. LICENSOR shall supply the latest version of the SOFTWARE to LICENSEE. The SOFTWARE shall operate in the registered mode and display the statement "Registered to:" LICENSEE's name as declared on the Registration Form (invoice) and the serial number of the program on the bottom status bar. 1.5 REPRODUCTION RIGHTS. This right to copy and reproduce extends to any material and documentation supplied by LICENSOR and related to the SOFTWARE. LICENSEE shall not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed SOFTWARE except as provided in this AGREEMENT. Any such unauthorized use shall result in immediate and automatic termination of this LICENSE. 2.0 TITLE TO SOFTWARE, CONFIDENTIALITY, AND PROPRIETARY RIGHTS ─────────────────────────────────────────────────────────────── 2.1 TITLE. Title and copyright to the SOFTWARE, associated trademarks, and all related material is with LICENSOR. The SOFTWARE program is licensed, not sold. Nothing in this AGREEMENT shall be construed as conveying the title in the SOFTWARE to LICENSEE. 2.2 The obligations under this paragraph shall survive the termination or rescission of this AGREEMENT. 3.0 TERMS OF AGREEMENT, TERMINATION, AND DISPOSITION OF SOFTWARE ───────────────────────────────────────────────────────────────── 3.1 TERM. This LICENSE is effective until terminated, including as otherwise provided in this AGREEMENT. 3.2 TERMINATION BY LICENSOR. LICENSOR may terminate this AGREEMENT on ten (10) days written notice to LICENSEE if LICENSEE fails to comply with the terms and conditions herein, and LICENSEE fails to cure such failure within fifteen (15) days after notice of such failure by LICENSOR. 3.3 TERMINATION BY LICENSEE. LICENSEE may terminate this AGREEMENT at any time by destroying all copies, backups, and archives of the SOFTWARE, and notifying LICENSOR in writing within five (5) days. On termination, LICENSEE shall return a written verification that the destruction of materials has occurred. 4.0 WARRANTY ───────────── 4.1 LIMITED WARRANTY. LICENSOR warrants for a period of ninety (90) days from the date of delivery of the licensed SOFTWARE, the program, if unmodified by the LICENSEE, will perform in substantial conformity with the user documentation. LICENSOR does not warrant that the licensed SOFTWARE is free from coding errors. Any program problems reported to LICENSOR during the warranty period and determined by LICENSOR to be actual coding errors will be corrected by LICENSOR within a reasonable time. Any modifications to the licensed SOFTWARE shall thereafter be licensed AS IS. 4.2 EXCLUSION FOR MISUSE. The above warranty does not apply to the extent that any failure of the licensed SOFTWARE to perform as warranted is caused by the licensed SOFTWARE being (1) not used in accordance with the user documentation, or (2) modified by any person other than LICENSOR. 4.3 OTHER EXCLUSION. LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. 5.0 LIMITATION OF LIABILITY ──────────────────────────── 5.1 LIMITATION. The total liability of LICENSOR or its suppliers for any claim or damage arising out of the use of the licensed SOFTWARE or otherwise related to this LICENSE shall be limited to direct damages which shall not exceed the LICENSE fee which have been paid by LICENSEE to LICENSOR for the specific client activity which is the subject of such claim or damage. 5.2 OTHER LIABILITY. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ADDITIONAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED PROGRAM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6.0 GENERAL TERMS ────────────────── 6.1 ASSIGNMENT OR TRANSFER. Neither this AGREEMENT nor any rights or obligations hereunder shall be assigned or otherwise transferred by LICENSEE without prior written consent of LICENSOR, which consent will not be unreasonably withheld. LICENSOR may assign this AGREEMENT entirely in its discretion upon the express written assumption of the obligations hereunder by the assignee. This AGREEMENT shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this paragraph shall be construed as a consent to any assignment of this AGREEMENT by either party except as provided hereinabove. 6.2 LAWS GOVERNING. Regardless of the place of contracting, place of performance, or otherwise, this Contract, and all amendments, modifications, alterations, or supplements thereto, shall be governed by the laws of the State of Maryland, as to the nature, validity, and interpretation thereof. No suit for enforcement of or for a declaration of rights between the parties to this AGREEMENT shall be commenced in any court other than the General District or Circuit Court of Montgomery County, Maryland, or in the United States District Court for the State of Maryland. 6.3 ARBITRATION. Any controversy or claim arising out of or relating to this AGREEMENT or the breach thereof shall be settled by arbitration in accordance with the commercial rules of the American Arbitration Association, using an arbitrator with knowledge of computers and software, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No arbitration or other action arising out of any claimed breach of this AGREEMENT or transactions under this AGREEMENT may be demanded by either party more than one year after the cause of action accrued. The prevailing party in any such action related to or arising under this AGREEMENT shall be entitled to reasonable attorneys' fees. This provision shall not apply to any action or proceeding for injunctive relief. 6.4 ENFORCEABILITY. If any terms or provisions of this AGREEMENT shall be found to be illegal or unenforceable then, notwithstanding, this AGREEMENT shall remain in full force and effect and such term or provision shall be deemed stricken. 6.5 AMENDMENT, WAIVER, BREACH. No amendment of this AGREEMENT shall be effective unless it is in writing and signed by duly authorized representatives or both parties. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to or waiver of a breach by the other, whether express or implied, shall not constitute a consent to, waiver of or excuse for any other, different or subsequent breach. This AGREEMENT and its exhibits contain the entire AGREEMENT between the parties hereto, superseding all previous AGREEMENTs, representations, understandings and negotiations. 6.6 PAYMENT. Timely payment is of the essence of this AGREEMENT. 6.7 EXECUTION. This AGREEMENT may be signed in counterparts. IN WITNESS WHEREOF the parties hereto have caused this AGREEMENT to be duly executed on their behalf as of the day and year first written in the preamble of this AGREEMENT in two counterparts, each one of which bearing original signatures shall for all purposes be deemed an original. Michael D. O'Connor, individual Accepted by: SS No. 030-42-6575 Sign _______________________________ Sign _______________________________ (LICENSOR) (LICENSEE) Print _______________________________ Title: Author and Owner Title _______________________________ Date _______________________________ Date _______________________________ END OF FILE LICENSE.DOC