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1995-06-18
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LICENSE AGREEMENT
This LICENSE AGREEMENT describes the only terms by which we, Pie in the Sky
Software, of 1596 Ayrault Rd, Fairport, NY 14450 permit distribution of this
program.
Non-commercial Distribution
---------------------------
Distribution is non-commercial if it is for free, or by any
not-for-profit organization, or by hobby, user or computer interest
group to its members, or by any BBS. Non-commercial distribution is
permitted without further authorization.
CD-ROM Distribution
-------------------
You may distribute Industrial Killers on CDROM, as long as no modifications
to any of the files are made, and no files removed from the original release.
Distribution in a Retail Environment
------------------------------------
You may distribute Industrial Killers on CDROM, as long as no modifications
to any of the files are made, and no files removed from the original release.
By "Program" we mean this version and its related files including
this LICENSE.DOC, distributed by us under the Trademark
"INDUSTRIAL KILLERS", and as it may be upgraded or otherwise modified from
time to time.
A. OWNERSHIP: Except to the extent expressly licensed by us, we
have and reserve the exclusive copyright and other right, title and
interest to copy and distribute the Program, and the right to use
the Trademark "INDUSTRIAL KILLERS" in connection with it.
B. LICENSE: In order to distribute "INDUSTRIAL KILLERS", you must:
[1] try to sell only the most current version of it, [2] make distribution
copies only from master copies received from us using high quality disks and
duplication technology, [3] include the words "Pie in the Sky Software" in
every description of the program that you put in any catalog or other
product promotion, and [4] distribute all of its files together in
compressed or other format as released by us, except that you may
add simple introductory or batch files so long as they do not
interfere with or degrade the performance of the program or any
installation file it may contain.
C. THINGS YOU GET: We will provide to you on request [1]
descriptions of the Program's important features which you may
include in catalogs or elsewhere, [2] descriptions of its hardware
prerequisites. See "VENDOR.DOC" for details.
D. SOME THINGS YOU DON'T GET: Your right to distribute under this
license is personal, and does not include any right to [1]
sublicense or otherwise cause or permit others to copy or distribute
the program without our consent in writing, or [2] distribute it as
part of any hardware or software package.
E. THE PROGRAM IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON.
WE WILL PROVIDE NO REMEDY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES ARISING FROM IT, INCLUDING SUCH FROM NEGLIGENCE,
STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
H. MISCELLANY
1. Since we would be irreparably damaged if Sections A. or B. of
this License were breached, we will be entitled without bond, other
security or proof of damages, to appropriate equitable remedies with
respect to such breaches, in addition to such other remedies as we
may have.
2. You will hold us, our partners, contractors, employees and
agents harmless from damage, loss and expense arising directly or
indirectly from your acts and omissions in copying, distributing or
adding introductory or installation files to the program.
3. With respect to every matter arising under this License, you
consent to the exclusive jurisdiction and venue of the state and
federal courts sitting in Rochester, NY.