InterCD 1999 June/june_1999.iso/Security/ESafe/setup.EXE/%TEMP%/license.txt

Text File | 1999-05-25 | 11.6 KB | 226 lines

Shrink-Wrap License Agreement
-----------------------------

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE OPENING THE PACKAGE CONTAINING THIS COMPUTER
SOFTWARE - `eSafe Protect', (THE "PROGRAM"), AND/OR BEFORE
DOWNLOADING OR INSTALLING THE PROGRAM, AND INDICATE YOUR
ACCEPTANCE BY CHOOSING "I ACCEPT". THE PROGRAM IS COPYRIGHTED
AND LICENSED (NOT SOLD). BY CHOOSING "I ACCEPT", YOU ARE ACCEPTING
AND AGREEING TO BE BOUND BY ALL THE TERMS OF THIS LICENSE
AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE
AGREEMENT CONCERNING THE PROGRAM, BETWEEN YOU AND ALADDIN
KNOWLEDGE SYSTEMS LTD. ("LICENSOR"), AND IT SUPERSEDES ANY
PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE
PARTIES.

You may print and keep a copy of this Agreement.

This Agreement has 3 sections:
Section I applies if you are downloading or using the Program
free of charge for evaluation purposes only.
Section II applies if you have purchased a license to the Program.
Section III applies to all grants of license.

SECTION I -- TERMS APPLICABLE TO GRANT OF EVALUATION LICENSE
License Grant. Licensor hereby grants to you, and you accept,
a nonexclusive license to use the Program in machine-readable,
object code form only, free of charge, for the purpose of
evaluating whether to purchase an ongoing license to the
Program and only as authorized in this License Agreement.
The evaluation period is limited to 30 days. If you are using
the Program free of charge, you are not entitled to hard-copy
documentation or support. You may use the Program in the manner
described in Section III below under "Extent of Grant."

DISCLAIMER OF WARRANTY
The Program is provided on an "AS IS" basis, without warranty of
any kind. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. SOME JURISDICTIONS
DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER
MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY
BY JURISDICTION. The entire risk as to the quality and performance
of the Program is borne by you. This disclaimer of warranty
constitutes an essential part of the agreement. If you initially
acquired a copy of the Program without purchasing a license and
you wish to purchase a license, contact Licensor on the
http://www.esafe.com the Internet or call us at 1-888-7-SAFEPC or
[phone].

SECTION II -- APPLICABLE TERMS WHEN LICENSE FEE PAID
License Grant. Subject to payment of applicable license fees,
Licensor hereby grants to you, and you accept, a nonexclusive
license to use the Program in machine-readable, object code form
only, and the accompanying documentation ("Documentation") in
the manner described in Section III below under "Extent of Grant."

Limitation of Warranty. Licensor warrants, for your benefit alone,
that for a period of ninety (90) days from the date of acquisition
(referred to as the "Warranty Period"), the Program, if operated
as directed, shall operate substantially in accordance with the
functional specifications in the Documentation. Licensor does not
warrant, however, that your use of the Program will be uninterrupted
or that the operation of the Program will be error-free or secure.
Licensor's sole liability for any breach of this warranty shall be,
in Licensor's sole discretion: (i) to replace or repair your defective
Program; or (ii) to refund the price paid by you for the Program.
Any replacement or repaired Program will be warranted for the remainder
of the original warranty period or 30 days, whichever is longer.
Only if you inform Licensor in writing of your problem with the
Program during the applicable Warranty Period and provide evidence
of the date you purchased a license to the Program, will Licensor
be obligated to honor this warranty. Licensor will use reasonable
commercial efforts to repair, replace or refund pursuant to the
foregoing warranty within 30 days of being so notified. You agree
that the foregoing constitutes your sole and exclusive
remedy for breach by Licensor of any warranties made under this
Agreement.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM AND THE
DOCUMENTATION ARE LICENSED "AS IS", AND LICENSOR DISCLAIMS ANY
AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS; NO
LICENSOR DEALER, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS
TO THIS WARRANTY.

If any modifications are made to the Program by you during the
warranty period; if the media is subjected to accident, abuse,
or improper use; or if you violate the terms of this Agreement,
then  this warranty shall immediately be terminated.

This warranty shall not apply if the Program is used on or in
conjunction with hardware or Program other than the unmodified
version of hardware and Program with which the Program was designed
to be used as described in the Documentation.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE
OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

SECTION III -- TERMS APPLICABLE TO ALL GRANTS OF LICENSE
Extent of Grant

Program: The Program may be used only on a single computer owned,
leased, or otherwise controlled by you; or in the event of the
inoperability of that computer, on a backup computer selected by you.

Network: A license for the Program may not be shared. Neither
concurrent use on two or more computers, nor use in a local area
network or other network is permitted without separate authorization
and the payment of other license fees for each computer on which the
Program is used or to which it is distributed.

Back-up: Upon loading the Program into your computer, you may retain
the Program Diskettes for backup purposes. In addition, you may make
a single copy of the Program on a second set of diskettes (or on
cassette tape) for the purpose of backup in the event the Program
diskettes are damaged or destroyed. Any such copies of the Program
shall include Licensor's copyright and other proprietary notices.
Except as authorized under this paragraph, no copies of the Program
or any portions thereof may be made by you or any person under you
authority or control.

Limitations: You may not: (i) modify, translate, reverse engineer,
decompile, disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create derivative
works based on the Program; (ii) place the Program onto a server
so that it is accessible via a public network

Rental: You may not rent or lease the Program.

Transfer: You may permanently transfer all of your rights under
this Agreement only as part of a sale or transfer of your computer,
provided you retain no copies, you transfer all of the Program and
the Documentation, and, the recipient agrees to the terms of this
Agreement. If the Program is an upgrade, any transfer must include
all prior versions of the Program.

Intellectual Property: You acknowledge and agree that the Program
and the Documentation, including any revisions, corrections,
modifications, enhancements and/or upgrades thereto, are Licensor's
property protected under copyright laws and treaties. You further
acknowledge and agree that all right, title, and interest in and
to the Program, including associated intellectual property rights
(including, without limitation, copyrights, trade secrets,
trademarks, etc.), evidenced by or embodied in and/or
attached/connected/related to the Program (including, without
limitation, the code), are and shall remain with Licensor.
This License Agreement does not convey to you an interest in
or to the Program, but only a limited right of use revocable in
accordance with the terms of this License Agreement. Nothing in
this Agreement constitutes a waiver of Licensor's intellectual
property rights under any law. You may not copy the Documentation.

Termination: Without prejudice to any other rights, Licensor may
terminate this license upon the breach by you of any term hereof.
Upon such termination by Licensor, you agree to destroy, or return
to Licensor, the Program and the Documentation and all copies and
portions thereof.

Limitation of Liability: Licensor's comulative liability to you or
any other party for any loss or damages resulting form any claims,
demands, or actions arising out of or relating to this Agreement
shall not exceed the license fee paid to Licensor for the use of
the Program.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR
RESELLERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, BUSINESS INTERUPTION, COMPUTER FAILURE OR
MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS
INFORMATION, DAMAGES FOR PERSONAL INJURY OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR
RECEIVED FROM YOU FOR A LICENSE TO THE PROGRAM, EVEN IF LICENSOR
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH  DAMAGES, OR
FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY
NOT APPLY TO YOU.

Export Controls: None of the Program or underlying information
or technology may be downloaded or otherwise exported or
reexported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria or any other country to
which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Denial Orders. By
downloading or using the Program, you are agreeing to the
foregoing and you are representing and warranting that you are
not located in, under the control of, or a national or resident
of any such country or on any such list.

Miscellaneous
If the copy of the Program you received was accompanied by a
printed or other form of "hard-copy" End User License Agreement
whose terms vary from this Agreement, then the hard-copy End
User License Agreement governs your use of the Program.  This
Agreement represents the complete agreement concerning this
license and may amended only by a writing executed by both
parties.

THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY
MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN,
AND NOT THOSE IN YOUR PURCHASE ORDER.

If any provision of this Agreement is held to be unenforceable,
such provision shall be reformed only to the extent necessary
to make it enforceable.  This Agreement shall be construed and
governed in accordance with the laws of the state of Washington, US
(except for conflict of law provisions). The application of the
United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. The failure of either party
to enforce any rights granted hereunder or to take action against
the other party in the event of any breach hereunder shall not
be deemed a waiver by that party as to subsequent enforcement
of rights or subsequent actions in the event of future breaches.

I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO
BE BOUND BY ALL OF THE TERMS.

Please indicate your acceptance by choosing 'I accept'.