.net 1997 May/net 32/NET32PC.iso/mac/NET32PC/INFOPUSH/CASTANET/WIN95/Tuner.EXE/_setup.lib/LICENSE.txt

Text File | 1997-01-24 | 7.2 KB | 186 lines

CASTANET(tm) TUNER END USER LICENSE

IMPORTANT - READ CAREFULLY.  BY CLICKING ON THE
"ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT"
BUTTON AND THE INSTALLATION PROCESS WILL NOT
CONTINUE.

This Castanet(tm) Tuner License ("Agreement") is
between you (either an individual or a single
entity) ("Licensee") and Marimba, Inc. ("Marimba")
and applies to the version of the Castanet(tm)
Tuner software program in object code format that
Licensee has selected to download, together with
any documentation included in the download (the
"Software").  By clicking on the accept button or
installing, copying, or otherwise using the
Software, Licensee agrees to be bound by the terms
of this Agreement.  If Licensee does not agree to
the terms of this Agreement, do not install or use
the Software.

GRANT OF LICENSE.

Provided that Licensee fully complies with the
terms and conditions set forth below, Marimba
hereby grants Licensee (and only Licensee), free
of charge, a personal, non-sublicensable,
non-exclusive license to use the Software only in
accordance with the terms and specifications
contained in the applicable user documentation
provided with the Software (the "License").  This
License does not entitle Licensee to any hard-copy
documentation, support or telephone assistance.

RESTRICTIONS.

Except for one copy made solely for back-up
purposes, Licensee may not copy the Software.
Licensee must reproduce and include the copyright
notice and any other notices that appear on the
original Software on any copies and any media
therefor.  Licensee shall not (and shall not allow
any third party to) (i) decompile, disassemble, or
otherwise reverse engineer (except to the extent
that applicable law prohibits reverse engineering
restrictions) or attempt to reconstruct or
discover any source code or underlying ideas or
algorithms or file formats or programming or
interoperability interfaces of the Software by any
means whatsoever, (ii) remove any product
identification, copyright or other notices, (iii)
provide, lease, lend, use for timesharing or
service bureau purposes or otherwise use or allow
others to use the Software to or for the benefit
of third parties, (iv) modify, incorporate into or
with other software or create a derivative work of
any part of the Software, (v) disseminate
performance information or analysis (including,
without limitation, benchmarks) from any source
relating to the Software or remove or export from
the United States or allow the export or re-export
of any part of the Software or any direct product
thereof in violation of any restrictions, laws or
regulations of the United States Department of
Commerce, the United States Department of Treasury
Office of Foreign Assets Control, or any other
United States or foreign agency or authority.
Licensee represents that it is not a government
agency and it is not acquiring the License
pursuant to a government contract or with
government funds; the License does not authorize
or allow use by, or funded by, any governmental
entity.

TERMINATION.

This License if effective until terminated.  This
License will terminate automatically if Licensee
fails to comply with the limitations described
above.  On termination, Licensee must immediately
cease use of the Software program and destroy all
copies of the Software and any documentation.
Except for the License and except as otherwise
expressly provided herein, the terms of the
Agreement shall survive termination.  Termination
is not an exclusive remedy and all other remedies
will be available whether or not the License is
terminated.

DISCLAIMER OF WARRANTY.

Since the Software is provided free of charge, the
Software is provided "AS IS", WITHOUT WARRANTY OF
ANY KIND, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, FREEDOM FROM BUGS AND
NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE
BY LICENSEE.  SHOULD THE SOFTWARE PROVE DEFECTIVE,
LICENSEE AND NOT MARIMBA ASSUMES THE ENTIRE COST
OF ANY SERVICE AND REPAIR.  THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE
AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF
AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT
APPLY TO LICENSEE AND LICENSEE MAY HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY
JURISDICTION.

TITLE.

Title, ownership rights and intellectual property
rights in and to the Software shall remain in
Marimba and/or its suppliers. The Software is
protected by the copyright laws of the United
States and international copyright treaties.
Title, ownership rights, and intellectual property
rights in and to the content accessed through the
Software is the property of the applicable content
owner and may be protected by applicable copyright
or other law.  This License gives Licensee no
rights to such content.

LIMITATION ON LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE,
SHALL MARIMBA OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO LICENSEE OR ANY OTHER PERSON FOR (I) ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF MARIMBA SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) 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 LICENSEE.

MISCELLANEOUS.

Neither the Agreement or the License granted
hereunder are assignable or transferable by
Licensee without the prior written consent of
Marimba; any attempt to do so shall be void.
Marimba may assign or transfer this Agreement in
whole or in part.  Any notice, report, approval or
consent required or permitted hereunder shall be
in writing.  No failure or delay in exercising any
right hereunder will operate as a waiver thereof,
nor will any partial exercise of any right or
power hereunder preclude further exercise.  If any
provision of this Agreement shall be adjudged by
any court of competent jurisdiction to be
unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise
remain in full force and effect and enforceable.
This Agreement shall be deemed to have been made
in, and shall be construed pursuant to the laws of
the State of California and the United States
without regard to conflicts of laws provisions
thereof, and without regard to the United Nations
Convention on the International Sale of Goods.
Any waivers or amendments shall be effective only
if made in writing.  This Agreement is the
complete and exclusive statement of the mutual
understanding of the parties and supersedes and
cancels all previous written and oral agreements
and communications relating to the subject matter
of this Agreement.  The prevailing party in any
action to enforce this Agreement will be entitled
to recover its attorney's fees and costs in
connection with such action.