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

Text File | 1996-12-09 | 10KB | 186 lines

IMPORTANT - READ CAREFULLY BEFORE USING
 THE ACCOMPANYING SOFTWARE


YOU MAY USE THE ACCOMPANYING SOFTWARE (THE
"PROGRAMS")  ONLY IN ACCORDANCE WITH THIS LICENSE
AGREEMENT.    DELIVERY OF THIS SOFTWARE IS EXPRESSLY
CONDITIONED ON YOUR AGREEING TO THIS LICENSE AGREEMENT.
YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT
BY INSTALLING AND USING THE SOFTWARE.  IF YOU DO NOT
AGREE WITH THESE TERMS, DO NOT INSTALL OR USE THE
SOFTWARE.

SYBASE 30-DAY EVALUATION SOFTWARE
LICENSE
For Product Codename "Starbuck"
(THIS IS A LICENSE AND NOT A SALE)

1. DEFINITIONS.  A "Seat" is a specific identifiable unique accessor of
information such as a terminal, PC, single user workstation or real time
device. (Use of software or hardware which reduces the number of Seats
directly accessing the Programs (sometimes called "multiplexing" or
"pooling") does not reduce the number of Seats required to be licensed,
but rather the number of licensed Seats must include the number of
distinct inputs to the multiplexing software or hardware.).

2. PRERELEASE CODE. You understand that the Program is pre-release
software that Sybase is providing solely for your evaluation and test
purposes and which may not be at the level of performance and
compatibility of the final, generally available version.   Accordingly, you
acknowledge the Program may not operate correctly and may be
substantially modified prior to first commercial shipment. Sybase is not
obligated to make this or any later version of the Programs commercially
available.

3. LICENSE.  You may use on a non-exclusive basis one copy of each of the
enclosed Programs (and accompanying documentation) on one Seat but
you may not use the Programs or applications developed with the Programs
for commercial development purposes or in, or for development of,
production systems.

4. NO DISTRIBUTION RIGHTS.  You may not copy or distribute the
Programs or applications developed using the Programs.

5. SUPPORT.  This Agreement does not entitle you to any later versions of
the Programs, which must be separately licensed, or to any technical
support.

6. JAVA TECHNOLOGY.  THE JAVA TECHNOLOGY THAT IS INCLUDED IN
THE SOFTWARE PRODUCT IS NOT FAULT-TOLERANT AND IS NOT
DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE IN
THE ON-LINE CONTROL OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFIC CONTROL,
DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH
THE FAILURE OF THE JAVA TECHNOLOGY OR THE SOFTWARE
PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR
SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

7. CONFIDENTIALITY.  "Confidential Information", which includes the
Program (including methods or concepts utilized therein) and all
information identified by Sybase as proprietary or confidential, shall
remain the sole property of Sybase or its suppliers and shall not be
disclosed to any third party without the express written consent of Sybase
(except solely for your internal business needs, to consultants bound by a
written agreement with you to maintain the confidentiality of such
Confidential Information in a manner consistent with this Agreement).
Except with respect to the Program, items will not be deemed Confidential
Information if (i) available to the public other than by breach of an
agreement with Sybase; (ii) rightfully received from a third party not in
breach of any obligation of confidentiality; (iii) independently developed by
you without access to the Confidential Information; (iv) known to you at
the time of disclosure; or (v) produced in compliance with applicable law
or court order, provided Sybase is given reasonable notice of such law or
order.  A copyright notice on a Program does not, by itself, constitute
evidence of publication or public disclosure. Results of benchmark or other
performance tests run on the Programs shall not be disclosed to any third
party without Sybase's prior written consent.

GENERAL TERMS AND CONDITIONS

8. COPYRIGHT AND OWNERSHIP.  The Programs are owned by Sybase, its
affiliates or their suppliers and are protected by copyright laws and
international treaty provisions.  You acquire only the right to use the
Programs and do not acquire any rights of ownership in the Programs.

9. COPY AND OTHER RESTRICTIONS.  You may not copy the Programs
except (a) to make a copy for backup or archival purposes, and (b) as
specifically authorized in this Agreement.  You may not modify, reverse
engineer, decompile or disassemble the Programs (except to the extent
applicable laws specifically prohibit such restriction and except as
specifically permitted in the documentation). Transfer of a Program
outside the country in which it was originally delivered to you is not
permitted without Sybase's prior written consent and is subject to
compliance with all applicable export restrictions.  You may not use the
Programs for timesharing, rental or service bureau purposes.  You shall not
remove any proprietary notices from the Programs, and you shall
reproduce such notices on all permitted copies or extracts of the Programs.
Upon reasonable notice to you, Sybase may audit the number of copies of
the Programs licensed by you and your use of those Programs.

10. U.S. GOVERNMENT RESTRICTED RIGHTS.  The Program and
documentation thereof are Commercial Computer Software.  Use,
duplication and disclosure by the U.S. Government is subject to
restrictions set forth in this license or in a written agreement specifying the
Government's right to use the Program.  All technical data is subject to
limited rights as long as this Agreement is in effect.

11. TERMINATION.  Either party may terminate this Agreement immediately
if the other party breaches any of its obligations hereunder or for
convenience by notifying the other party. This Agreement and the license
granted herein shall automatically terminate thirty (30) days following
your installation of the Program. Upon termination, you shall cease using
the Program and destroy all copies of the Programs and documentation in
any form.

12. LIMITED WARRANTY.    THE SOFTWARE IS PROVIDED TO YOU
"AS IS", WITHOUT ANY WARRANTY WHATSOEVER.  SYBASE
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABLE QUALITY, NONINFRINGEMENT, 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 PROGRAMS, DOCUMENTATION, SUPPORT OR
OTHER SERVICES RELATED TO THE PROGRAMS.  NO
WARRANTY IS MADE REGARDING THE RESULTS OF ANY
PROGRAM OR SERVICES OR THAT ALL ERRORS IN A
PROGRAM WILL BE CORRECTED, OR THAT A PROGRAM'S
FUNCTIONALITY WILL MEET YOUR REQUIREMENTS.  YOU
ACKNOWLEDGE YOUR RESPONSIBILITY TO (i) REGULARLY
BACK UP DATA MAINTAINED ON ANY COMPUTER SYSTEM
USING THE PROGRAMS AND (ii) ADEQUATELY TEST PRIOR
TO DEPLOYMENT EACH PRODUCTION VERSION OF THE
PROGRAMS IN A CONFIGURATION WHICH REASONABLY
SIMULATES YOUR PLANNED PRODUCTION ENVIRONMENT.
This limited warranty gives you specific legal rights.  You may have other
rights which vary among jurisdictions.  Some jurisdictions do not allow
limitations on implied warranties so the above limitations may not apply
to you.

13. LIMITATION ON LIABILITY.  NEITHER SYBASE, ITS AFFILIATES
NOR ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR
INACCURACY OF DATA, LOSS OF PROFITS OR DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.  SYBASE'S AND ITS
AFFILIATES' TOTAL LIABILITY, IF ANY, ARISING OUT OF
THIS AGREEMENT OR YOUR USE OF THE PROGRAM(S)
SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU FOR
THE PROGRAM(S) GIVING RISE TO THE CLAIM.  THE
FOREGOING RESTRICTIONS, DISCLAIMERS AND
LIMITATIONS SHALL REMAIN IN FORCE EVEN IN THE
EVENT OF A FUNDAMENTAL BREACH BY SYBASE OR A
BREACH BY SYBASE OF A CONDITION OR FUNDAMENTAL
TERM HEREUNDER.  SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO
THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT
APPLY TO YOU.

14. GOVERNING LAW; COMPLETE AGREEMENT.  THIS AGREEMENT
CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE
PARTIES WITH RESPECT TO THE PROGRAMS AND IS GOVERNED
BY THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. (EXCEPT
FOR CONFLICT OF LAW PROVISIONS).  It shall not be governed by
the United Nations Convention on the International Sale of Goods, the
application of which is expressly excluded.  The terms of this Agreement
supersede the terms of any purchase order or other document issued or
signed by you to authorize your license of the Programs.  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.  The failure or delay of
either party to exercise any of its rights shall not be deemed a waiver of
such rights and no waiver of any breach of this Agreement shall constitute
a waiver of any other breach.

If you have any questions concerning this Agreement, write to:
Sybase, Inc.
Contracts Department
561 Virginia Road
Concord, Massachusetts
USA 01742