PC World Komputer 1997 May/Pcwk0597.iso/sybase/starbuck/license.txt

Text File | 1996-08-30 | 8KB | 104 lines

Powersoft« Language Products
Software License Agreement Card

This License Agreement is only valid in the country in which it was originally delivered and is your proof of license. For
countries not covered by a local language License Agreement in this booklet, the English version is the controlling License
Agreement.  This software may not be re-exported.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND POWERSOFT CORPORATION, A DIVISION OF
SYBASE, INC.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE
MEDIA PACKAGE AND THE ACCOMPANYING WRITTEN MATERIALS, BINDERS AND OTHER
CONTAINERS (the "Documentation") IN ORIGINAL CONDITION TO THE PLACE YOU OBTAINED THEM FOR
A FULL REFUND.

1.    DEFINITIONS. As used in this Agreement:
    "Seat" means a specific identifiable unique accessor of information such as a computer, terminal, PC, single user
workstation or real time device. "Named User" means a specific named person licensed to use a copy of the
software program.

2.    LICENSE. Powersoft Corporation ("Powersoft") hereby grants to you a non-exclusive license (the "License") to
use one copy of the Powersoft software program accompanying this License (the "Software") in only one of the two
following ways. If you choose to use the Software as a Standalone Seat, the copy of the Software may only be
accessed through the Seat on which it resides. If you choose to use the Software as a Standalone Named User, the
Software may be used only by one Named User, but such Named User may copy and use such Software on more
than one Seat.  The Software is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or
installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer. You may
install the Software on a network server for the sole purpose of distributing the Software to each user(s) for whom a
license has been purchased. This license will allow you to use the indicated version or instead any earlier version for
which you already have a licensed copy.

3.    COPYRIGHT AND OWNERSHIP.  The Software and Documentation are owned by Powersoft, its affiliates or
their suppliers and are protected by United States and Canadian copyright laws and international treaty provisions.
You acquire only the right to use the Software and  Documentation and do not acquire any rights of ownership in
the Software and Documentation or the media on which they are provided.
4.    OTHER RESTRICTIONS.  You may not rent, sell or lease the Software, but you may transfer your rights under
this License on a permanent basis provided you transfer this License Card, the Software and all Documentation,
retain no copies and the recipient agrees to the terms of this Agreement.  You may not modify, reverse engineer,
decompile or disassemble the Software.  If the Software is an update version, any transfer must include the update
and all prior versions.

5.    REDISTRIBUTION RIGHTS.  If the Software is an Optima++ or WATCOM compiler product you are also
granted a non-exclusive, royalty-free right to reproduce and distribute executable files created using the Software.
You may be granted additional rights to reproduce and distribute components of the Software including components
licensed from third parties.  Such additional rights, including any restrictions thereto, and the  components, shall be
specified in the product documentation (including online documentation).

6.    LIMITED WARRANTY AND LIABILITY.  Powersoft warrants that the Software, as updated and when properly
used, will operate in all material respects in conformity with the Documentation for such Software, and the Software
media shall be free of defects, for ninety (90) days from the date of shipment of such version to you.  In the event of a
failure to meet the foregoing limited warranty, your sole remedy in the event of nonconformity of the Software, at
Powersoft's option, shall be replacement of the defective materials or a refund of the license fees paid for the affected
Software.  This limited warranty gives you specific legal rights.  You may have other rights, which vary among
states/provinces.  Some states/provinces do not allow limitation on the duration of implied warranties so the above
limitation may not apply to you.

    POWERSOFT DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR
    IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR
     CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
    WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE
    OF TRADE, WITH RESPECT TO THE SOFTWARE, THE DOCUMENTATION, THE SUPPORT OR OTHER
    SERVICES RELATED TO THE  SOFTWARE.  NO WARRANTY IS MADE REGARDING THE RESULTS OF
    ANY SOFTWARE OR SERVICES OR THAT ALL ERRORS IN THE  SOFTWARE WILL BE CORRECTED, OR
    THAT THE SOFTWARES' FUNCTIONALITY WILL MEET YOUR REQUIREMENTS.  IN NO EVENT
    WILL POWERSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA, LOSS
    OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF
    POWERSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  POWERSOFT'S TOTAL
    LIABILITY, IF ANY, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE
    LICENSE FEES PAID BY YOU FOR THE SOFTWARE.  THE FOREGOING RESTRICTIONS, DISCLAIMERS
    AND LIMITATIONS SHALL APPLY AND REMAIN IN FORCE EVEN IN THE EVENT OF A BREACH BY
    POWERSOFT HEREUNDER OF A CONDITION OR FUNDAMENTAL TERM HEREUNDER, OR IN THE
    EVENT OF A BREACH WHICH CONSTITUTES A FUNDAMENTAL BREACH.  SOME
    STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
    CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

             7.  U.S. GOVERNMENT RESTRICTED RIGHTS.  If this license is acquired under a U.S. Government contract, use,
    duplication or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013(c)(ii)
    for Department of Defense contracts and as set forth in FAR 52.227-19(a)-(d) for civilian agency contracts.
    Powersoft reserves all unpublished rights under the United States copyright laws.

      8.   GOVERNING LAW; COMPLETE AGREEMENT.  THIS AGREEMENT CONSTITUTES THE
        COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SOFTWARE
        AND IS GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS IF THE USER IS
        LOCATED IN THE UNITED STATES, AND BY THE LAWS OF THE PROVINCE OF ONTARIO IF THE USER
        IS LOCATED IN CANADA.  The terms of this Agreement supersede the terms of any purchase order, order letter or
        other document issued or signed by you to authorize your license of the Software and Documentation.  If any
        provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as
        necessary to eliminate its unenforceability, and all other provisions shall remain unaffected.

9.  WAIVERS.  The failure or delay of either party to exercise any of its rights shall not be deemed a waiver thereof
and no waiver by either party of any breach of this Agreement shall constitute a waiver of any other or subsequent
breach.
Should you have any questions concerning this Agreement, the Software or the Documentation, you may contact Powersoft
by writing to:
Powersoft Corporation
Contracts Department
561 Virginia Road
Concord, Massachusetts, 01742-2732
U.S.A.

Sybase, Powersoft, Optima++ and Watcom are registered trademarks or trademarks of Sybase, Inc. and its subsidiaries.