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- QUARTERDECK END USER LICENSE AGREEMENT
-
-
- 1. License Garant. QUARTERDECK grants you a nonexclusive, personal license: (a) to use the
- QUARTERDECK Software on any single personal computer system (whether a standalone computer
- or a workstation component of a multi-user network); and (b) to copy the QUARTERDECK Software
- solely for the purposes of installing it on your computer and for backup and archival storage. You may
- not transfer, sell, lease or distrihute copies of the Quarterdeck Software to others. You may assign its
- rights under this Agreement to a third party provided the third party agrees in writing to be bound by
- the terms of this agreement and you transfer all copies of the QUARTERDECK Software to the third
- party or destroy any copies not transferred. Any other attempt to sublicense, assign or transfer any the
- rights, duties or obligations hereunder is void.
-
-
- 2. Other Rights. You acknowledge that the QUARTERDECK Software is copyrighted by
- QUARTERDECK and Is proprietary to QUARTERDECK. QUARTERDECK retains title and
- ownership of the QUARTERDECK Software. The license garanted above is not a sale of the
- QUARTERDECK Software, and except as stated above, this Agreement does not give you any rights
- to patents, copyrights, trade secrets, trademarks or any other rights or licenses with respect to the
- QUARTERDECK Software. You agree to hold the QUARTERDECK Software in confidence and to
- take reasonable steps to prevent unauthorized copying or disclosure.
-
-
- 3. No Modification or Reverse Compilation. YOU MAY NOT MODIFY, ALTER, TRANSLATE.
- DISASSEMBLE OR DECOMPILE THE QUARTERDECK SOFTWARE OR DOCUMENTATION
- OR ANY COPY, IN WHOLE OR IN PART.
-
-
- 4. Limited Warranty. Quarterdeck provides a warranty in accordance with the
- terms of the limited Warranty Statement enclosed with the Software.
-
-
- 5. Limit of Liability. IN NO EVENT SHALL QUARTERDECK BE LIABLE TO YOU FOR ANY
- CONSEQUENTIAL, SPECIAL, INCIDENTALOR OR IN DIRECT DAMAGES OF ANY KIND ARISING
- OUT OF THE USE OF THE QUARTERDECK SOFTWARE, EVEN IF QUARTERDECK HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- IN NO EVENT WILL QUARTERDECKs, LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY
- OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY END USER. NOTHING
- IN THIS CLAUSE SHALL AFFECT THE LIABILITY OF THE LICENSOR FOR DEATH OR
- PERSONAL INJURY CAUSED BY HIS NEGLIGENCE.
-
-
- 6. Choise of Law. This Agreement will be governed by the laws of Ireland an applied to transactions
- taking place wholly within Ireland between residents of Ireland. Quarterdeck and you acknowledge that
- the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically
- excluded from application to this Agreement.
-
-
- 7. Term. This Agreement in effective until the year 2040 unless earlier terminated as set forth below.
- You may terminate this Agreement and the license it grants at any time by destroying the QUARTERDECK
- Software and all copies. QUARTERDECK has the right to terminate this Agreement and license it
- grants immediately if you fail to comply with any term or condition of this Agreement. You agree that
- upon any such termination by QUARTERDECK, you will destroy the QUARTERDECK Software
- and all copies.
-
-
- 8.Integration. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS
- AGREEMENT, UNDERSTAND IT, AND THAT IT IS THE ENTIRE AGREEMENT BETWEEN
- QUARTERDECK AND YOU WHICH SUPERSEDES ANY PRIOR AGREEMENT, WHETHER
- WRITTEN OR ORAL, AND ANY OTHER COMMUNICATIONS BETWEEN QUARTERDECK
- AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
- This agreement may be modyfied only by a written document signed by QUARTERDECK.
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