BUG 11/BUGCD1998_02.ISO/util/bigdisk/license.txt

Text File | 1998-01-10 | 5.8 KB | 92 lines

Legal Agreement. This is a legal agreement between you, the end user, and Syncronys
Softcorp ("Syncronys"). The enclosed BigDisk program (the "Software") is licensed by
Syncronys to you for use only on the terms of this Agreement. By opening the sealed
program media package or by using the Software you are agreeing to the terms of this
Agreement. If you do not agree to these terms, promptly return the unopened program
media package and all other accompanying items (including written materials, manuals,
and packaging) to the place you obtained them for a full refund.

Grant of License. Syncronys grants to you the right to use this copy of the enclosed
Software on a single computer. You may not network the Software or otherwise use it on
more than one computer at the same time. You may not rent, lease, merge, reverse
engineer, decompile, or disassemble the Software or create any derivative works from the
Software. You may not install, copy or upload the Software onto a time-sharing service
or any other type of remote access service enabling unauthorized persons to access the
Software. You may transfer the Software and the accompanying items on a permanent
basis provided you retain no copies and the recipient agrees to the terms of this
Agreement. If the Software is an update or has been updated, any transfer must include
the most recent update and all prior versions. This license is effective until terminated.
You may terminate this license by returning to Syncronys the original Software media
and any back-up copies. In the event you breach this Agreement, this license will
terminate automatically without notice to you.

Intellectual Property Rights. The Software is owned by Syncronys and is protected by the
copyright laws of the United States, Canada, and other countries and by international
treaty provisions. Therefore, you must treat the Software like any other copyrighted
materials (e.g., a book or a musical recording) and not make any copies in any media of
the Software, except that you may either (a) transfer the Software to a single hard disk for
use with a single computer and retain the original for backup purposes or (b) make one
copy of the Software solely for backup or archival purposes. You may not copy the
written materials accompanying the Software. Except as stated above, this Agreement
does not grant you any express or implied rights to any patents, trademarks, copyrights,
trade secrets, or any other rights now or hereafter owned by Syncronys.

LIMITED WARRANTY. AS ITS ONLY WARRANTY UNDER THIS AGREEMENT,
SYNCRONYS WARRANTS THE MEDIA ON WHICH THE SOFTWARE IS
RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND
WORKMANSHIP AND FROM MALFUNCTIONS FOR A PERIOD OF 90 DAYS
FROM THE DATE OF PURCHASE.  EXCEPT AS EXPRESSLY WARRANTED
HEREIN, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. TO THE EXTENT ANY FEDERAL OR STATE
AUTHORITY PROHIBITS DISCLAIMER OF ANY IMPLIED WARRANTY, SAID
IMPLIED WARRANTY IS GIVEN BY SYNCRONYS ALSO FOR THE PERIOD OF
90 DAYS FROM THE DATE OF PURCHASE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
SYNCRONYS DOES NOT WARRANT THAT THE SOFTWARE OR ITS
FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
DEFECTS WILL BE CORRECTED. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE
ABOVE LIMITATION FOR ANY IMPLIED WARRANTY MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Customer Remedies. Syncronys' entire liability and your exclusive remedy shall be
replacement of the Software that does not meet Syncronys' Limited Warranty and which
is returned to Syncronys at 3958 Ince Blvd., Culver City, CA, 90232, together with a
copy of
your receipt.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
SYNCRONYS OR ITS VENDORS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SYNCRONYS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THAT ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.

U.S. Government Restricted Rights. If you are licensing the Software on behalf of any
unit or agency of the United States Government, the Software and documentation 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, or subparagraphs (c)(1)
and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR
52.227-19 or subparagraph (d) of the NASA supplement to FAR at clause 18-52.227-86,
as applicable.
Governing Law. This Agreement shall be governed by the laws of the State of California.
Severability. If for any reason any provision of this Agreement is deemed invalid, such
invalidity shall not affect the validity of the remainder of this Agreement. Should the
period of warranty be deemed invalid, the minimum period provided under the applicable
law shall be substituted.

c1997 Syncronys Softcorp. All rights reserved. Software is c 1997 GlobalDev Inc. All
rights reserved. U.S. Patent pending. Syncronys, the Syncronys logo and BIGDISK are
trademarks of Syncronys Softcorp. All other trademarks, icons and logos are the property
of their respective holders.