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DEMO.TXT
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1991-06-13
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DEMO.TXT - DEMO LICENSE AGREEMENT
I. SOFTWARE. This copyrighted computer software from Digital
Communications Associates, Inc. ("DCA") has been specifically designed
for demonstration purposes by implementing a connect time limitation
("Demo Program"). The title and all copyrights and ownership rights
in the Demo Program are retained by DCA or its supplier. You
acknowledge that the Demo Program represents and embodies certain
trade secrets and confidential information of DCA or its supplier.
II. LICENSE. DCA grants you a limited non-exclusive license to
(i) load a copy of the Demo Program into the memory of a single
microcomputer (one (1) central processing unit); and (ii) use the Demo
Program subject to the connect time limitation inherent in the Demo
Program and subject to the terms of this Demo License Agreement.
III. RESTRICTIONS. You may not sublicense, rent, lease, sell, pledge,
or otherwise transfer or distribute the Demo Program. You agree not
to translate, modify, disassemble, decompile, reverse engineer, or
create derivative works based on the Demo Program or any portion
thereof. This Agreement automatically terminates without notice if
any provision of this Agreement is breached by you.
IV. WARRANTY DISCLAIMER. The Demo Program is provided "AS
IS", WITHOUT WARRANTY OF ANY KIND, either express or implied,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Without limitation, all warranties against infringement
or the like respecting the Demo Program are hereby disclaimed by us.
We do not warrant that any functions contained in the Demo Program
will meet your requirements or that your use of the Demo Program will
be uninterrupted or error-free.
V. LIMITATION OF LIABILITY. We shall have no liability to you or
any third party regarding the Demo Program or otherwise in warranty,
contract, tort, or otherwise. IN NO EVENT WILL WE BE LIABLE
FOR ANY DIRECT, INCIDENTAL, SPECIAL INDIRECT,
GENERAL, OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY
NATURE (such as damage to property, damages resulting from delay,
claims of third parties, loss of profits, or injury to person) which
may arise in connection with the use of or inability to use the
Demo Program. This clause shall survive failure of an exclusive
remedy. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
VI. GENERAL. The construction and performance of this Agreement
shall be governed by the laws of the State of Georgia. This Agreement
contains the entire understanding between the parties and supersedes
any proposal or prior agreement regarding the subject matter hereof.
Digital Communications Associates, Inc.
1000 Alderman Drive
Alpharetta, GA 30202-4199
404-442-4000