PC Gamer 4.5/1998-11_Disc_4.5.bin/ELINK/CLARISHP/_SETUP.1/License.txt

Text File | 1996-12-03 | 8KB | 187 lines

SOFTWARE LICENSE

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING
THIS SOFTWARE.  BY CLICKING THE "ACCEPT" BUTTON
OR BY USING THIS SOFTWARE, YOU AGREE TO BECOME
BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE, CLICK THE
"DECLINE" BUTTON, DO NOT USE THIS SOFTWARE, AND
PROMPTLY RETURN IT TO THE PLACE WHERE YOU OBTAINED
IT FOR A FULL REFUND.

IF YOU LICENSED THIS SOFTWARE UNDER A CLARISPLUS
AGREEMENT, THEN THE TERMS OF SUCH AGREEMENT WILL
SUPERSEDE THESE TERMS, AND THESE TERMS DO NOT
CONSTITUTE THE GRANTING OF AN ADDITIONAL LICENSE
TO THE SOFTWARE.

The enclosed computer program(s) ("Software") is
licensed, not sold, to you by Claris Corporation
and Claris Ireland (collectively referred to as
"Claris") for use only under the terms of this
License, and Claris reserves any rights not expressly
granted to you.  You own the media on which the
Software is recorded or fixed, but Claris and its
licensors retain ownership of the Software itself.

1. License. This License allows you to:
(a) Use one copy of the Software on a single computer
at a time. If both a Macintosh and a Windows version
of the Software are included, then you are only
licensed to use the Software for one platform (i.e.,
the Macintosh or Windows version), but not both
platforms, except as provided in Section 1(b). To
"use" the Software means that the Software is either
loaded in the temporary memory (i.e., RAM) of a
computer or installed on the permanent memory of a
computer (i.e., hard disk, etc.).

(b) Make one copy of the Software in machine readable
form solely for backup purposes.  Additionally, only
so long as the Software is installed only on the
permanent memory of a single desktop computer which
is not accessible by multiple computers and that
single desktop computer is used by one user for at
least 80% of the time the computer is in use, that
same user may also make a copy of the Software to use
on a portable or home computer which is primarily
used by such user.  As an express condition of this
License, you must reproduce on each copy any
copyright notice or other proprietary notice that
is on the original copy supplied by Claris.

(c) Permanently transfer all your rights under this
License to another party by providing to such party
all copies of the Software licensed under this
License together with a copy of this License and the
accompanying written materials, provided that the
other party reads and agrees to accept the terms and
conditions of this License.

(d) Notwithstanding any other terms in this License,
if the Software is licensed as an upgrade or update,
then you may only use the Software to replace
previously validly licensed versions of the same
software.  You agree that the upgrade or update does
not constitute the granting of a second license to
the Software (i.e., you may not use the upgrade or
update in addition to the software it is replacing,
nor may you transfer the software which is being
replaced to a third party).

2. Restrictions.  The Software contains trade secrets
in its human perceivable form and, to protect them,
you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE
OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN
PERCEIVABLE FORM.  YOU MAY NOT MODIFY, ADAPT,
TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE
WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Dual Media.  Even if this Claris product includes
the Software on more than one medium (e.g., on both a
CD and on magnetic disks; or on both 3.5 inch disks
and 5.25 inch disks), you are only licensed to use
one copy of the Software as described in Section 1(a).
You may not use the Software stored on the other
medium on another computer or common storage device,
nor may you rent, lease, loan or transfer it to
another user except as part of a transfer pursuant to
Section 1(c).

4. Termination.  This License is effective until
terminated.  This License will terminate immediately
without notice from Claris or judicial resolution if
you fail to comply with any provision of this License.
Upon such termination you must destroy the Software,
all accompanying written materials and all copies
thereof, and Sections 6, 7 and 8 will survive any
termination.

5. Export Law Assurances.  You may not use or
otherwise export or reexport the Software except as
authorized by United States law and the laws of the
jurisdiction in which the Software was obtained.
In particular, but without limitation, the Software
may not be exported or reexported to (i) into (or to
a national or resident of)any U.S. embargoed country
or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nations or the U.S.
Department of Commerce's Table of Denial Orders.  By
using the Software you represent and warrant that
you are not located in, under control of, or a
national or resident of any such country or on any
such list.

6. Limited Warranty.  Claris warrants for a period
of ninety (90) days from your date of purchase that
(i) the media provided by Claris, if any, on which
the Software is recorded will be free from defects
in materials and workmanship under normal use, and
(ii) the Software as provided by Claris will
substantially conform to Claris' published
specifications for the Software.  Claris' entire
liability and your sole and exclusive remedy for
any breach of the foregoing limited warranty will
be, at Claris' option, replacement of the media,
refund of the purchase price or repair or
replacement of the Software.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED
BY CLARIS AND CLARIS AND ITS LICENSORS EXPRESSLY
DISCLAIM ALL OTHER WARRANTIES AND/OR CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN
MATERIALS.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  THE
TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY
UNDER THIS SECTION 6 DO NOT AFFECT OR PREJUDICE THE
STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE
SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS,
NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR
DEATH OR PERSONAL INJURY CAUSED BY CLARIS'
NEGLIGENCE.

7. Limitation of Remedies and Damages.  In no event
will Claris, its parent or subsidiaries or any of
the licensors, directors, officers, employees or
affiliates of any of the foregoing be liable to you
for any consequential, incidental, indirect or
special damages whatsoever (including, without
limitation, damages for loss of business profits,
business interruption, loss of business information
and the like), whether foreseeable or unforeseeable,
arising out of the use of or inability to use the
Software or accompanying written materials,
regardless of the basis of the claim and even if
Claris or a Claris representative has been advised
of the possibility of such damage. Claris' liability
to you for direct damages for any cause whatsoever,
and regardless of the form of the action, will be
limited to the greater of $500 (U.S.) or the money
paid for the Software that caused the damages.

THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL
INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE
LAW REQUIRES SUCH LIABILITY.  BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.

8. General.  This License will be construed under
the laws of the State of California, except for that
body of law dealing with conflicts of law.  If any
provision of this License shall be held by a court
of competent jurisdiction to be contrary to law,
that provision will be enforced to the maximum
extent permissible, and the remaining provisions of
this License will remain in full force and effect.
If the Software is supplied to the United States
Government, the Software is classified as
"restricted computer software" as defined in clause
52.227-19 of the FAR.  The United States Government's
rights to the Software are as provided in clause
52.227-19 of the FAR.