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- This is a legal agreement ("Agreement") between you (either an
- individual or an entity), the end user ("Recipient"), and InstallShield
- Software Corporation ("InstallShield"). BY INSTALLING, COPYING
- OR OTHERWISE USING THE PRODUCT (AS DEFINED BELOW), YOU AGREE TO
- BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
- THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE PRODUCT.
-
- INSTALLSHIELD LICENSE AND NON-DISCLOSURE AGREEMENT FOR PRE-RELEASE
- CODE for the INSTALLSHIELD Product code-named "InstallShield Developer"
-
- 1. GRANT OF LICENSE.
-
- (a) InstallShield grants Recipient a limited, non-exclusive,
- nontransferable, non-assignable, royalty-free license to
- install and use copies of the software accompanying this
- Agreement (the "Product") on a maximum of five (5) computers
- residing on Recipient's premises, solely for Recipient's
- internal testing. All other rights are reserved to
- InstallShield. Recipient shall not rent, lease, sell,
- sublicense, assign, or otherwise transfer the Product or any
- accompanying printed materials ("Documentation"). Recipient
- may not reverse engineer or decompile the Product, except to
- the extent that local law expressly prohibits the foregoing
- restriction. Recipient may not use the Product in a live
- operating environment where it may be relied upon to perform
- in the same manner as a commercially released product or with
- data that has not been sufficiently backed up. Recipient may
- not use the Product for benchmark or performance testing.
- InstallShield and its suppliers shall retain title and all
- ownership rights to the Product, and this Agreement shall not
- be construed in any manner as transferring any rights of
- ownership or license to the Product or to the features or
- information therein, except as specifically stated herein.
-
- (b) At InstallShield's request, Recipient agrees to provide
- reasonable feedback to InstallShield, including but not limited
- to usability, bug reports and test results, with respect to
- the testing of the Product. In addition, if requested by
- InstallShield, Recipient will use reasonable efforts to review
- and comment on all documentation supplied. All bug reports,
- test results and other feedback made by Recipient shall be
- the property of InstallShield and may be used by InstallShield for
- any purpose it sees fit. Due to the nature of the
- development work, InstallShield is not certain if errors or
- discrepancies in the Product may be corrected.
-
- (c) Recipient's use of the Product shall take place solely at
- Recipient's site. Recipient may not demonstrate or show the
- Product to third parties without the express written
- permission of InstallShield.
-
- 2. TERM OF AGREEMENT. The term of this Agreement shall commence
- upon Recipient's copying, installing or using the Product
- and shall continue unless terminated by InstallShield in
- writing at any time, with or without cause. This
- Agreement will terminate without notice upon the
- commercial release of the Product. Upon the termination
- of this Agreement, Recipient shall cease use of the
- Product and, upon request, shall promptly return to
- InstallShield, or certify destruction of, all full or partial
- copies of the Product and related materials provided by
- InstallShield.
-
- 3. SUPPORT. InstallShield is not obligated to provide technical or
- other support for the Product. However, limited
- technical support ("Support Services"), if noted in the
- materials provided to Recipient by InstallShield, may be
- available. Use of any such Support Services is governed
- by the InstallShield policies and programs described in
- "online" documentation, and/or in other InstallShield-provided
- materials. Any supplemental software code provided to
- Recipient as part of the Support Services shall be
- considered part of the Product and subject to the terms
- and conditions of this Agreement. With respect to
- technical information Recipient provides to InstallShield as
- part of the Support Services, InstallShield may use such
- information for its business purposes, including for
- product support and development. InstallShield will not
- utilize such technical information in a form that
- personally identifies Recipient. Such limited Support
- Services may not be available in all countries outside
- the United States and will be discontinued once the
- Product is commercially released.
-
- 4. MAINTENANCE. InstallShield is not obligated to provide
- maintenance, technical support, or updates to Recipient
- for Product licensed under this Agreement. In no event
- shall InstallShield be obligated to provide Recipient, free
- of charge, a copy of the commercial release version of
- the Product in connection with Recipient's participation
- in the testing program. InstallShield is not obligated to
- make the Product commercially available.
-
- 5. CONFIDENTIALITY. The Product, including its features, is
- proprietary and confidential information to InstallShield.
- Recipient agrees not to disclose or provide the Product,
- documentation, or any information relating to the Product
- (including features or the results of use or testing) to any
- third party except as expressly provided herein without
- InstallShield's express written permission. However, Recipient
- may disclose confidential information in accordance with
- judicial or other governmental order, provided Recipient shall
- give InstallShield reasonable notice prior to such disclosure
- and shall comply with any applicable protective order or
- equivalent. Recipient shall not be liable to InstallShield
- for such information which Recipient can prove (1) is
- already known to Recipient; (2) becomes publicly known
- through no wrongful act of Recipient; (3) is rightfully
- received from a third party without similar restriction
- and without breach of this Agreement; or (4) is
- independently developed by Recipient. This provision
- shall survive the termination or expiration of this
- Agreement.
-
- 6. DISCLAIMER OF WARRANTIES. To the maximum
- extent permitted by applicable law, InstallShield and its
- suppliers provide to Recipient the Product and Support
- Services AS IS AND WITH ALL FAULTS;
- and InstallShield and its suppliers hereby disclaim with
- respect to the Product and Support Services all
- warranties and conditions, whether express, implied or
- statutory, including, but not limited to, any (if any)
- warranties, duties or conditions of or related to:
- merchantability, fitness for a particular purpose, lack
- of viruses, accuracy or completeness of responses,
- results, workmanlike effort and lack of negligence. ALSO
- THERE IS NO WARRANTY, DUTY OR
- CONDITION OF TITLE, QUIET ENJOYMENT,
- QUIET POSSESSION, CORRESPONDENCE TO
- DESCRIPTION OR NON-INFRINGEMENT. THE
- ENTIRE RISK ARISING OUT OF USE OR
- PERFORMANCE OF THE PRODUCT AND ANY
- SUPPORT SERVICES REMAINS WITH
- RECIPIENT.
-
- 7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL
- AND CERTAIN OTHER DAMAGES. TO THE
- MAXIMUM EXTENT PERMITTED BY
- APPLICABLE LAW, IN NO EVENT SHALL
- INSTALLSHIELD OR ITS SUPPLIERS BE LIABLE
- FOR ANY SPECIAL, INCIDENTAL,
- INDIRECT, PUNITIVE OR CONSEQUENTIAL
- DAMAGES WHATSOEVER (INCLUDING, BUT
- NOT LIMITED TO, DAMAGES FOR: LOSS OF
- PROFITS, LOSS OF CONFIDENTIAL OR
- OTHER INFORMATION, BUSINESS
- INTERRUPTION, PERSONAL INJURY, LOSS
- OF PRIVACY, FAILURE TO MEET ANY DUTY
- (INCLUDING OF GOOD FAITH OR OF
- REASONABLE CARE), NEGLIGENCE, AND ANY
- OTHER PECUNIARY OR OTHER LOSS
- WHATSOEVER) ARISING OUT OF OR IN ANY
- WAY RELATED TO THE USE OF OR
- INABILITY TO USE THE PRODUCT OR THE
- SUPPORT SERVICES, OR THE PROVISION OF
- OR FAILURE TO PROVIDE SUPPORT
- SERVICES, OR OTHERWISE UNDER OR IN
- CONNECTION WITH ANY PROVISION OF THIS
- AGREEMENT, EVEN IF InstallShield OR ANY
- SUPPLIER HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES.
-
- 8. LIMITATION OF LIABILITY AND REMEDIES.
- Notwithstanding any damages that Recipient might incur
- for any reason whatsoever (including, without limitation,
- all damages referenced above and all direct or general
- damages), the entire liability of InstallShield and any of
- its suppliers under any provision of this Agreement and
- your exclusive remedy for all of the foregoing shall be
- limited to actual damages incurred by Recipient based on
- reasonable reliance up to the greater of the amount
- actually paid by Recipient for the Product or U.S.$5.00.
- The foregoing limitations, exclusions and disclaimers
- shall apply to the maximum extent permitted by applicable
- law, even if any remedy fails its essential purpose.
-
- 9. GOVERNING LAW; ATTORNEYS' FEES. This
- Agreement shall be construed and controlled by the laws
- of the State of Illinois, and Recipient consents to the
- jurisdiction and venue in the federal courts sitting in
- Cook County, Illinois, unless no federal subject matter
- jurisdiction exists, in which case Recipient consents to
- the jurisdiction and venue in the Superior Court of Cook
- County, Illinois. Recipient waives all defenses of
- lack of personal jurisdiction and forum non conveniens.
- Process may be served on either party in the manner
- authorized by applicable law or court rule. If either
- InstallShield or Recipient employs attorneys to enforce any
- rights arising out of or relating to this Agreement, the
- prevailing party shall be entitled to recover reasonable
- attorneys' fees.
-
- 10. U.S. GOVERNMENT RESTRICTED RIGHTS. The
- Product and Documentation provided to the U.S.
- Government pursuant to solicitations issued on or after
- December 1, 1995 is provided with the commercial rights
- and restrictions described elsewhere herein. Product
- and Documentation provided to the U.S. Government
- pursuant to solicitations issued prior to December 1,
- 1995 is provided with RESTRICTED RIGHTS as provided for
- in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR
- 252.227-7013 (OCT 1988), as applicable.
-
- 11. EXPORT RESTRICTIONS. Recipient
- acknowledges that the Product is of U.S. origin.
- Recipient agrees to comply with all applicable
- international and national laws that apply to these
- products, including the U.S. Export Administration
- Regulations, as well as end-user, end-use and country
- destination restrictions issued by U.S. and other
- governments.
-
- Should you have any questions concerning this Agreement, or if
- you desire to contact InstallShield for any reason, please write:
- InstallShield Corporation, InstallShield Developer Beta Team,
- 900 National Parkway, Suite 125,
- Schaumburg, Illinois, 60173-5108
- USA.
-
-
-