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- GroupShade (tm) Shareware Version Licensing Instructions
- Copyright (c) 1994 Ethosoft, Inc.
-
-
- PLEASE FEEL FREE TO (i) UPLOAD THIS SOFTWARE TO ANY ELECTRONIC BULLETIN
- BOARD, (ii) DEMONSTRATE THE SOFTWARE AND ITS CAPABILITIES OR (iii) GIVE COPIES
- TO POTENTIAL USERS, SO THAT OTHERS MAY HAVE THE OPPORTUNITY TO OBTAIN A
- COPY FOR USE IN ACCORDANCE WITH THE LICENSE TERMS CONTAINED IN THIS FILE.
-
-
-
- Licensing
-
- END-USER LICENSE. If you are an end-user, the first of the two licenses in
- this file pertains to you. A form to order this license is the companion
- file: gsorder.txt.
-
- SHAREWARE DISTRIBUTION LICENSE. If you are a shareware distributor, the
- second of the two licenses in this file pertains to you.
-
-
- ETHOSOFT, INC. END-USER LICENSE
-
- NOTICE TO USERS ("COMPANY"): CAREFULLY READ THE FOLLOWING LEGAL
- AGREEMENT. COMPANY'S USE OF THIS SOFTWARE IS CONDITIONED UPON
- COMPLIANCE BY COMPANY WITH THE TERMS OF THIS AGREEMENT. THE SOFTWARE
- MAY BE EVALUATED FOR THIRTY DAYS ON A ROYALTY FREE BASIS. CONTINUED USE
- AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY COMPANY OF THE LICENSE
- FEE SPECIFIED IN A CONFIRMATION LETTER FROM ETHOSOFT, INC. ("ETHOSOFT").
- (PRICES FOR STANDARD SIZE CONFIGURATIONS OF THE PRODUCT CAN BE FOUND IN
- THE ACCOMPANYING FILE: GSORDER.TXT.)
-
- The Software may not be distributed by Company to any outside
- corporation, organization or government agency. This license authorizes
- Company to use the number of copies as indicated in a confirmation letter
- from Ethosoft and for which Company has paid Ethosoft the negotiated
- license fee. If the confirmation letter from Ethosoft indicates that
- Company's license is "Corporate-Wide", this license will be deemed to cover
- copies duplicated and distributed by Company for use on any additional
- incremental machines purchased or leased by Company during the Term, at no
- additional charge. If Company does not obtain a confirmation letter and
- pay the applicable license fee, this license expires at the end of the thirty
- day evaluation period.
-
- I. SINGLE POINT OF CONTACT. Support for Software bug reports and other
- product issues will be handled through a single point of contact within the
- Company. Company shall identify the contact individual when placing its
- order with Ethosoft or Ethosoft's Authorized Agent. There will be no charge
- for support of the Software from the Company's headquarters in Medford when
- channelled through such individual. Support requests from other
- organizational areas will be billed at normal hourly support rates.
-
- II. PRODUCT SUPPORT. Telephone, and CompuServe support for GroupShade is
- available at no additional charge.
-
- III. GENERAL TERMS.
-
- COPYRIGHT. The Software is protected by United States copyright laws
- and international treaty provisions. Company acknowledges that no title to
- the intellectual property in the Software is transferred to Company. Company
- further acknowledges that full ownership rights to the Software will remain
- the exclusive property of Ethosoft or its suppliers, and Company will not
- acquire any rights to the Software except as expressly set forth in this
- license. Company agrees that any copies of the Software made by Company will
- contain the same proprietary notices which appear on and in the Software.
-
- REVERSE ENGINEERING. Company agrees that it will not attempt, and
- will use its best efforts to prevent its employees from attempting to reverse
- compile, modify, translate or disassemble the Software in whole or in part.
-
- LIMITED WARRANTY. Ethosoft warrants that the Software will perform
- substantially in accordance with the accompanying documentation for a period
- of ninety (90) days from the date Ethosoft receives payment.
-
- COMPANY REMEDIES. If the Software does not conform to the limited
- warranty above ("Limited Warranty"), Ethosoft's entire liability and Company's
- sole and exclusive remedy shall be, at Ethosoft's option, either to (a)
- correct the error, (b) help Company work around or avoid the error or (c)
- authorize a refund, so long as the Software is destroyed by Company. The
- Limited Warranty is void if failure of the Software has resulted from
- accident, abuse, or misapplication. Any replacement Software will be
- warranted for the remainder of the original Limited Warranty period.
-
- NO OTHER WARRANTIES. ETHOSOFT DOES NOT WARRANT THAT THE SOFTWARE
- IS ERROR FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, ETHOSOFT
- DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER
- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
- OF THIRD PARTY RIGHTS.
-
- SEVERABILITY. In the event of invalidity of any provision of this
- license, the parties agree that such invalidity shall not affect the validity
- of the remaining portions of this license.
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ETHOSOFT OR
- ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES
- OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE
- SOFTWARE, EVEN IF ETHOSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. IN NO EVENT WILL ETHOSOFT'S LIABILITY FOR ANY CLAIM, WHETHER IN
- CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE
- PAID BY COMPANY.
-
- EXPORT. Company agrees that it will not export or re-export the
- Software to North Korea, Vietnam, Cuba, Iran or Iraq without the appropriate
- United States or foreign government licenses.
-
- GOVERNING LAW. This Agreement will be governed by the laws of the
- State of Massachusetts. The United Nations Convention on Contracts for the
- International Sale of Goods is specifically disclaimed.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS. If the Software is acquired (i)
- for use by DoD, use, duplication or disclosure by the Government is subject
- to the terms of this license unless superseded by 252.227-7013(c)(1)(ii) or
- (ii) for use by civilian agencies, use, reproduction or disclosure is subject
- to the terms of this license unless superseded by 52.227-19.
-
- ENTIRE AGREEMENT. This Agreement together with any Ethosoft
- confirmation letter constitute the entire agreement between Company and
- Ethosoft which supersedes any prior agreement, including any prior license
- from Ethosoft, or understanding, whether written or oral, relating to the
- subject matter of this Agreement. The terms and conditions of this Agreement
- shall apply to all orders submitted to Ethosoft and shall supersede any
- different or additional terms on purchase orders from Company.
-
- Should you have any questions concerning this license agreement, or if
- you desire to contact Ethosoft for any reason, please call (617) 393-5460,
- fax (617) 393-5461, or write: Ethosoft, Inc. 196 Boston Avenue, Suite 3500,
- Medford, MA 02155.
-
- _________________________________________________________________
-
- Ethosoft, INC. SHAREWARE DISTRIBUTION LICENSE
-
- NOTICE TO SHAREWARE DISTRIBUTORS ("DISTRIBUTOR"): CAREFULLY READ THE
- FOLLOWING LEGAL AGREEMENT. DISTRIBUTOR'S RIGHT TO DISTRIBUTE THIS
- SOFTWARE IS CONDITIONED UPON COMPLIANCE BY DISTRIBUTOR WITH THE TERMS
- OF THIS AGREEMENT.
-
- 1. LICENSE GRANT. Ethosoft, Inc. ("Ethosoft") grants to
- Distributor a nonexclusive, worldwide right to distribute the object code
- version of the Software as shareware. This license to distribute the Software
- is conditioned upon Distributor's compliance with the terms of this Agreement.
- Distributor will not copy the Software except as necessary to use it in
- accordance with this license, and Distributor is granted no right to modify
- or sublicense the Software. Distributor may download the Software files from
- CompuServe. All files of this Software must be distributed bundled together,
- either by distributing a copy of the original .ZIP file or by unzipping the
- entire contents of the .ZIP file onto a diskette. All Software distribution
- must be via diskettes (which are either write-protected or notchless) or
- electronic transmission (in which case the original archive file from Ethosoft
- must be used). Distributor is prohibited from installing copies of the
- Software on hard drives and distributing such hard drives.
-
- 2. NO SUBLICENSE FEE. Shareware Distributors may not charge
- their customers for the Software other than a nominal fee for the diskette
- and must make clear on the diskette package and diskette label that the
- Software on the diskette is for evaluation purposes only, and that its use
- beyond 30 days requires a valid license or registration through Ethosoft, Inc.
- or an Authorized Ethosoft Support center. Shareware Distributors agree not to
- offer any service or subscription that includes updates of Ethosoft Software.
- Such access to, or provision of, Ethosoft Software updates is a benefit of
- properly licensing the Software through Ethosoft, Inc. or an Authorized Agent.
- All registration and licensing opportunities shall be referred to Ethosoft,
- Inc. or to an Authorized Agent.
-
- 3. COPYRIGHT. The Software is protected by United States
- copyright laws and international treaty provisions. Distributor acknowledges
- that no title to the intellectual property in the Software is transferred to
- Distributor. Distributor further acknowledges that full ownership rights to
- the Software will remain the exclusive property of Ethosoft or its suppliers,
- and Distributor will not acquire any rights to the Software except as
- expressly set forth in this license. Distributor agrees that any copies of
- the Software made by Distributor will contain the same proprietary notices
- which appear on and in the Software.
-
- 4. REVERSE ENGINEERING. Distributor agrees that it will not
- attempt, and will use its best efforts to prevent its employees from
- attempting to reverse compile, modify, translate or disassemble the Software
- in whole or in part.
-
- 5. LIMITED END USER WARRANTY. Ethosoft warrants the Software TO
- END USERS ONLY pursuant to the terms and conditions of the end user license
- and no warranty is extended to Distributor. In the event the Software does
- not conform to the limited warranty described in the end user license,
- Ethosoft will provide the end user with a solution in accordance with the
- terms of the end user license. Distributor agrees to provide Ethosoft with
- reasonable assistance in providing warranty assistance to end users.
-
- 6. NO OTHER WARRANTIES. ETHOSOFT DOES NOT WARRANT THAT THE
- SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS WARRANTIES GRANTED TO
- THE END USER IN THE END USER LICENSE AGREEMENT, ETHOSOFT DISCLAIMS ALL
- OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR
- IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
- OF THIRD PARTY RIGHTS.
-
- 7. SEVERABILITY. In the event of invalidity of any provision of
- this license, the parties agree that such invalidity shall not affect the
- validity of the remaining portions of this license.
-
- 8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
- ETHOSOFT OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR
- INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR
- USE OF THE SOFTWARE, EVEN IF ETHOSOFT HAS BEEN ADVISED OF THE POSSIBILITY
- OF SUCH DAMAGES.
-
- 9. EXPORT. Distributor agrees that it will not export or re-
- export the Software to North Korea, Vietnam, Cuba, Iran or Iraq without the
- appropriate United States or foreign government
-
-
- 10. GOVERNING LAW. This Agreement will be governed by the laws
- of the State of Massachusetts. The United Nations Convention on Contracts
- for the International Sale of Goods is specifically disclaimed.
-
- 11. U.S. GOVERNMENT RESTRICTED RIGHTS. If Distributor provides
- the Software for use by DoD, Distributor agrees to insure that use,
- duplication or disclosure by the Government will be subject to the terms of
- this Agreement unless superseded by 252.227-7013(c)(1)(ii). If Distributor
- provides the Software for use by civilian agencies, Distributor agrees to
- insure that use, reproduction or disclosure is subject to the terms of this
- Agreement unless superseded by 52.227-19.
-
- 12. ENTIRE AGREEMENT. This Agreement constitutes the entire
- agreement between Distributor and Ethosoft which supersedes any prior
- agreement, including any prior license from Ethosoft, or understanding,
- whether written or oral, relating to the subject matter of this Agreement.
-
- Should you have any questions concerning this license agreement, or if
- you desire to contact Ethosoft for any reason, please call (617) 393-5460,
- fax (617) 393-5461, or write: Ethosoft, Inc. 196 Boston Avenue, Suite 3500,
- Medford, MA 02155.
-