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license.txt
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1997-05-29
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BY CLICKING ON THE "YES" BUTTON
OR OPENING THE PACKAGE, YOU ARE
CONSENTING TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE "NO"
BUTTON AND THE INSTALLATION
PROCESS WILL NOT CONTINUE OR
RETURN THE PRODUCT TO THE PLACE
OF PURCHASE FOR A FULL REFUND.
LEGAL CRIME END USER LICENSE
AGREEMENT
This Agreement has 3 parts. Part I applies if
you have not purchased a license to the
accompanying software (the "Software").
Part II applies if you have purchased a
license to the Software. Part III applies to all
license grants. If you initially acquired a
copy of the Software without purchasing a
license and you wish to purchase a license,
contact Byte Enchanters, Inc. ("Byte
Enchanters") on the Internet at
http://www.byteenchanters.com.
PART I -- TERMS APPLICABLE WHEN
LICENSE FEES NOT (YET) PAID
(LIMITED TO EVALUATION,
EDUCATIONAL AND NON-PROFIT USE)
GRANT.
Byte Enchanters grants you a non-exclusive
license to use the Software free of charge if
your use of the Software is for the purpose of
evaluating whether to purchase an ongoing
license to the Software. If you are using the
Software free of charge, you are not entitled
to support or telephone assistance. If you fit
within the description above, you may use
the Software in the manner described in Part
III below under "Scope of Grant."
DISCLAIMER OF WARRANTY.
Software is provided on an "AS IS" basis,
without warranty of any kind, including
without limitation the warranties of
merchantability, fitness for a particular
purpose and non-infringement. The entire
risk as to the quality and performance of the
Software is borne by you. Should the
Software prove defective, you and not Byte
Enchanters assume the entire cost of any
service and repair. In addition, the security
mechanisms implemented by Byte
Enchanters software have inherent
limitations, and you must determine that the
Software sufficiently meets your
requirements. This disclaimer of warranty
constitutes an essential part of the
agreement. SOME JURISDICTIONS DO
NOT ALLOW EXCLUSIONS OF AN
IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU
AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY BY
JURISDICTION.
PART II -- TERMS APPLICABLE WHEN
LICENSE FEES PAID
GRANT. Subject to payment of applicable
license fees, Byte Enchanters grants to you a
non-exclusive license to use the Software and
accompanying documentation
("Documentation") in the manner described
in Part III below under "Scope of Grant."
LIMITED WARRANTY.
Byte Enchanters warrants that for a period of
ninety (90) days from the date of acquisition,
the Software, if operated as directed, will
substantially achieve the functionality
described in the Documentation. Byte
Enchanters does not warrant, however, that
your use of the Software will be
uninterrupted or that the operation of the
Software will be error-free or secure. In
addition, the security mechanisms
implemented by Byte Enchanters software
have inherent limitations, and you must
determine that the Software sufficiently
meets your requirements. Byte Enchanters
also warrants that the media containing the
Software, if provided by Byte Enchanters, is
free from defects in material and
workmanship and will so remain for ninety
(90) days from the date you acquired the
Software. Byte Enchanters's sole liability for
any breach of this warranty shall be, in Byte
Enchanters's sole discretion: (i) to replace
your defective media; or (ii) to advise you
how to achieve substantially the same
functionality with the Software as described
in the Documentation through a procedure
different from that set forth in the
Documentation; or (iii) if the above remedies
are impracticable, to refund the license fee
you paid for the Software. Repaired,
corrected, or replaced Software and
Documentation shall be covered by this
limited warranty for the period remaining
under the warranty that covered the original
Software, or if longer, for thirty (30) days
after the date (a) of shipment to you of the
repaired or replaced Software, or (b) Byte
Enchanters advised you how to operate the
Software so as to achieve the functionality
described in the Documentation. Only if you
inform Byte Enchanters of your problem
with the Software during the applicable
warranty period and provide evidence of the
date you purchased a license to the Software
will Byte Enchanters be obligated to honor
this warranty. Byte Enchanters will use
reasonable commercial efforts to repair,
replace, advise or, for individual consumers,
refund pursuant to the foregoing warranty
within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT
IS THE ONLY WARRANTY MADE BY
BYTE ENCHANTERS. BYTE
ENCHANTERS MAKES NO OTHER
EXPRESS WARRANTY AND NO
WARRANTY OF NONINFRINGEMENT
OF THIRD PARTIES' RIGHTS. THE
DURATION OF IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY
AND OF FITNESS FOR A PARTICULAR
PURPOSE, IS LIMITED TO THE ABOVE
LIMITED WARRANTY PERIOD; SOME
JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO
LIMITATIONS MAY NOT APPLY TO
YOU. NO BYTE ENCHANTERS DEALER,
AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS WARRANTY. If any
modifications are made to the Software by
you during the warranty period; if the media
is subjected to accident, abuse, or improper
use; or if you violate the terms of this
Agreement, then this warranty shall
immediately be terminated. This warranty
shall not apply if the Software is used on or
in conjunction with hardware or software
other than the unmodified version of
hardware and software with which the
software was designed to be used as
described in the Documentation. THIS
WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY HAVE
OTHER LEGAL RIGHTS THAT VARY BY
JURISDICTION.
PART III -- TERMS APPLICABLE TO ALL
LICENSE GRANTS
SCOPE OF GRANT.
You may:
* use the Software on any single computer;
* use the Software on a network, provided
that each person accessing the Software
through the network must have a copy
licensed to that person;
* use the Software on a second computer so
long as only one copy is used at a time;
* copy the Software for archival purposes,
provided any copy must contain all of the
original Software's proprietary notices; or
* if you have purchased licenses for a 10
Pack or a 50 Pack, make up to 10 or 50
copies, respectively, of the Software,
provided any copy must contain all of the
original Software's proprietary notices. The
number of copies is the total number of
copies that may be made for all platforms.
Additional copies of Documentation may be
purchased.
You may not:
* permit other individuals to use the
Software except under the terms listed
above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer,
decompile, disassemble (except to the
extent applicable laws specifically prohibit
such restriction), or create derivative works
based on the Software;
* copy the Software other than as specified
above;
* rent, lease, grant a security interest in, or
otherwise transfer rights to the Software; or
* remove any proprietary notices or labels
on the Software.
TITLE.
Title, ownership rights, and intellectual
property rights in the Software shall remain
in Byte Enchanters and/or its suppliers. The
Software is protected by the copyright laws
and treaties. Title and related rights in the
content accessed through the Software is the
property of the applicable content owner and
may be protected by applicable law. This
License gives you no rights to such content.
TERMINATION.
The license will terminate automatically if
you fail to comply with the limitations
described herein. On termination, you must
destroy all copies of the Software and
Documentation.
LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE, SHALL BYTE
ENCHANTERS OR ITS SUPPLIERS OR
RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR
LOSSES. IN NO EVENT WILL BYTE
ENCHANTERS BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE
AMOUNT BYTE ENCHANTERS
RECEIVED FROM YOU FOR A LICENSE
TO THE SOFTWARE, EVEN IF BYTE
ENCHANTERS SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY OTHER PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, SOME
JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS.
If the copy of the Software you received was
accompanied by a printed or other form of
"hard-copy" End User License Agreement
whose terms vary from this Agreement, then
the hard-copy End User License Agreement
governs your use of the Software. This
Agreement represents the complete
agreement concerning this license and may
amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY
PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON
YOUR ASSENT TO THE TERMS SET
FORTH HEREIN, AND NOT THOSE IN
YOUR PURCHASE ORDER. If any
provision of this Agreement is held to be
unenforceable, such provision shall be
reformed only to the extent necessary to
make it enforceable. This Agreement shall
be governed by California law (except for
conflict of law provisions). The application
the United Nations Convention of Contracts
for the International Sale of Goods is
expressly excluded.