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LICENSE.TXT
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1996-01-02
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Quote Ticker Bar Corporation SHAREWARE License Agreement
BEFORE YOU USE QTB, CAREFULLY READ THE TERMS AND CONDITIONS
OF THIS AGREEMENT. BY USING QTB FOR THE FIRST TIME, YOU ARE
CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, DO NOT USE THE SOFTWARE.
1. Quote Ticker Bar Corporation ("QTB") grants to you a
non-exclusive, non-sublicensable, license to use this Shareware
version of the Quote Ticker Bar network stock retrieval software
(the "Software"), in binary executable form for evaluation
and trial use purposes only.
2. QTB MAKES NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR
INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY
PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT
EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED
GRATUITOUSLY AND, ACCORDINGLY, QTB SHALL NOT BE
LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU
OR ANY USER OF THE SOFTWARE. QTB WILL NOT SUPPORT
THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO THIS
SOFTWARE.
3. All content accessed through the Software is the
property of the applicable content owner and may be
protected by applicable copyright law. This License
gives you no rights to such content.
4. While QTB intends to distribute a commercial
release of the Software, QTB reserves the right at
any time not to release a commercial release of the
Software or, if released, to alter prices, features,
specifications, capabilities, functions, licensing
terms, release dates, general availability or other
characteristics of the commercial release.
5. Title, ownership rights, and intellectual property
rights in and to the Software shall remain in QTB
and/or its suppliers. You agree to abide by the
copyright law and all other applicable laws of the
United States including, but not limited to, export
control laws. You acknowledge that the Software in
source code form remains a confidential trade secret of
QTB and/or its suppliers and therefore you agree
not to modify the Software or attempt to decipher,
decompile, disassemble or reverse engineer the
Software, except to the extent applicable laws
specifically prohibit such restriction.
6. QTB may terminate this License at any time by
delivering notice to you and you may terminate this
License at any time by destroying or erasing your copy
of the Software. Upon termination of this License, or
in any event within thirty (30) days following
QTB's release of a new commercial version of the
Software, you agree to destroy or erase the Software.
In the event of termination, the following sections of
this License will survive: 2, 3, 4, 5, 6, 7 and 8.
This License is personal to you and you agree not to
assign your rights herein. This License shall be
governed by and construed in accordance with the laws
of the State of California and, as to matters affecting
copyrights, trademarks and patents, by U.S. federal
law. This License sets forth the entire agreement
between you and QTB.
7. Use, duplication or disclosure by the Government is
subject to restrictions set forth in subparagraphs (a)
through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c) (1) (ii) of the Rights in Technical
Data and Computer Software clause at DFARS
252.227-7013, and in similar clauses in the NASA AR
Supplement.
8. You may not download or otherwise export or
reexport the Software or any underlying information or
technology except in full compliance with all United
States and other applicable laws and regulations. In
particular, but without limitation, none of the
Software or underlying information or technology may be
downloaded or otherwise exported or reexported (i) into
(or to a national or resident of) Cuba, Haiti, Iraq,
Libya, Yugoslavia, North Korea, Iran, or Syria or (ii)
to anyone on the US Treasury Department's list of
Specially Designated Nationals or the US Commerce
Department's Table of Deny Orders. By downloading the
Software, you are agreeing to the foregoing and you are
representing and warranting that you are not located
in, under control of, or a national or resident of any
such country or on any such list.
9. QTB OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR
(a) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT
DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT
OR OTHERWISE, EVEN IF QTB HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY
ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO
THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Copyright (c) 1996 Starfire Software Corporation.
All rights reserved.