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- Star Division EndUser License Agreement
-
- BY OPENING THE CDROM PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND
- ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
- THE TERMS OF THIS AGREEMENT, RETURN THE COMPLETE PACKAGE UNOPENED TO
- THE PLACE OF PURCHASE FOR A FULL REFUND.
-
- STAR DIVISION STAR OFFICE ENDUSER LICENSE AGREEMENT GRANT.
- REDISTRIBUTION NOT PERMITTED.
-
- This Agreement has 3 parts. Part I applies if you have not purchased
- a license to the accompanying software (the "Software"). Part II
- applies if you have purchased a license to the Software. Part III
- applies to all license grants. If you initially acquired a copy of
- the Software without purchasing a license and you wish to purchase a
- license, contact Star Division GmbH ("Star Division") on the Internet
- at http:/www.stardivision.de
-
- PART I TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO
- EVALUATION, EDUCATIONAL AND NONPROFIT USE) GRANT.
-
- Star Division grants you a nonexclusive license to use the Software
- free of charge if (a) you are a student, faculty member or staff
- member of an educational institution (K12, junior college, college or
- library), a staff member of a religious organization, or an employee
- of an organization which meets Star Division's criteria for a
- charitable nonprofit organization; or (b) your use of the Software is
- for the purpose of evaluating whether to purchase an ongoing license
- to the Software. The evaluation period for use by or on behalf of a
- commercial entity is limited to 90 days; evaluation use by others is
- not subject to this 90 day limit. Government agencies (other than
- public libraries) are not considered educational, religious, or
- charitable nonprofit organizations for purposes of this Agreement. If
- you are using the Software free of charge, you are not entitled to
- support or telephone assistance. If you fit within the description
- above, you may use the Software in the manner described in Part III
- below under "Scope of Grant."
-
- DISCLAIMER OF WARRANTY.
-
- Free of charge Software is provided on an "AS IS" basis, without
- warranty of any kind, including without limitation the warranties of
- merchantability, fitness for a particular purpose and
- noninfringement. The entire risk as to the quality and performance of
- the Software is borne by you. Should the Software prove defective,
- you and not Star Division assume the entire cost of any service and
- repair. In addition, the security mechanisms implemented by Star
- Division software have inherent limitations, and you must determine
- that the Software sufficiently meets your requirements. This
- disclaimer of warranty constitutes an essential part of the
- agreement. 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.
-
- PART II TERMS APPLICABLE WHEN LICENSE FEES PAID GRANT. Subject to
- payment of applicable license fees, Star Division grants to you a
- nonexclusive license to use the Software and accompanying online
- documentation ("Documentation") in the manner described in Part III
- below under "Scope of Grant."
-
- LIMITED WARRANTY.
-
- Star Division warrants that for a period of ninety (90) days from the
- date of acquisition, the Software, if operated as directed, will
- substantially achieve the functionality described in the
- Documentation. Star Division does not warrant, however, that your use
- of the Software will be uninterrupted or that the operation of the
- Software will be errorfree or secure. In addition, the security
- mechanisms implemented by Star Division software have inherent
- limitations, and you must determine that the Software sufficiently
- meets your requirements. Star Division also warrants that the media
- containing the Software, if provided by Star Division, is free from
- defects in material and workmanship and will so remain for ninety (90)
- days from the date you acquired the Software. Star Division's sole
- liability for any breach of this warranty shall be, in Star Division's
- sole discretion: (i) to replace your defective media; or (ii) to
- advise ou how to achieve substantially the same functionality with the
- Software as described in the Documentation through a procedure
- different from that set forth in the Documentation; or (iii) if the
- above remedies are impracticable, to refund the license fee you paid
- for the Software. Repaired, corrected, or replaced Software and
- Documentation shall be covered by this limited warranty for the period
- remaining under the warranty that covered the original Software, or if
- longer, for thirty (30) days after the date (a) of shipment to you of
- the repaired or replaced Software, or (b) Star Division advised you
- how to operate the Software so as to achieve the functionality
- described in the Documentation. Only if you inform Star Division of
- your problem with the Software during the applicable warranty period
- and provide evidence of the date you purchased a license to the
- Software will Star Division be obligated to honor this warranty. Star
- Division will use reasonable commercial efforts to repair, replace,
- advise or, for individual consumers, refund pursuant to the foregoing
- warranty within 30 days of being so notified.
-
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY Star
- Division. Star Division MAKES NO OTHER EXPRESS WARRANTY AND NO
- WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF
- IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
- MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO
- THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW
- LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY
- NOT APPLY TO YOU. NO STAR DIVISION DEALER, AGENT, OR EMPLOYEE IS
- AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
- WARRANTY. If any modifications are made to the Software 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 Software is used on or in conjunction with hardware or
- software other than the unmodified version of hardware and software
- with which the software 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.
-
- PART III TERMS APPLICABLE TO ALL LICENSE GRANTS
-
- SCOPE OF GRANT.
-
- You may:
- * use the Software on any single computer;
- * use the Software on a network, provided that each person accessing
- the Software through the network must have a copy licensed to that
- person;
- * use the Software on a second computer so long as only one copy is
- used at a time;
- * copy the Software for archival purposes, provided any copy
- must contain all of the original Software's proprietary notices; or
- * if you have purchased licenses for a 10 Pack or a 50 Pack, make up
- to 10 or 50 copies, respectively, of the Software (but not the
- Documentation), provided any copy must contain all of the original
- Software's proprietary notices. The number of copies is the total
- number of copies that may be made for all platforms. Additional
- copies of Documentation may be purchased.
-
- You may not:
-
- * permit other individuals to use the Software except under the terms
- listed above;
- * permit concurrent use of the Software;
- * modify, translate, reverse engineer, decompile, disassemble
- (except to the extent applicable laws specifically prohibit such
- restriction), or create derivative works based on the Software;
- * copy the Software other than as specified above;
- * rent, lease, grant a security interest in, or otherwise transfer
- rights to the Software; or
- * remove any proprietary notices or labels on the Software.
-
- TITLE.
-
- Title, ownership rights, and intellectual property rights in the
- Software shall remain in Star Division and/or its suppliers. The
- Software is protected by the copyright laws and treaties. Title and
- related rights in the content accessed through the Software is the
- property of the applicable content owner and may be protected by
- applicable law. This License gives you no rights to such content.
-
- TERMINATION.
-
- The license will terminate automatically if you fail to comply with
- the limitations described herein. On termination, you must destroy
- all copies of the Software and Documentation.
-
- EXPORT CONTROLS.
-
- None of the Software or underlying information or technology may be
- exported or reexported (i) into (or to a national or resident of)
- Cuba, Iraq, Libya, Yugoslavia, 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 Software, 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.
-
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
- THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL STAR DIVISION OR ITS
- SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR 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. IN NO EENT WILL STAR DIVISION BE LIABLE
- FOR ANY DAMAGES IN EXCESS OF THE AMOUNT STAR DIVISION RECEIVED FROM
- YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF STAR DIVISION SHALL HAVE
- BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR 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 JURISDICTIONS DO NOT
- ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
- DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
-
- HIGH RISK ACTIVITIES.
-
- The Software is not faulttolerant and is not designed, manufactured or
- intended for use or resale as online control equipment in hazardous
- environments requiring failsafe performance, such as in the operation
- of nuclear facilities, aircraft navigation or communication systems,
- air traffic control, direct life support machines, or weapons systems,
- in which the failure of the Software could lead directly to death,
- personal injury, or severe physical or environmental damage ("High
- Risk Activities"). Star Division and its suppliers specifically
- disclaim any express or implied warranty of fitness for High Risk
- Activities.
-
- MISCELLANEOUS.
-
- If the copy of the Software you received was accompanied by a printed
- or other form of "hardcopy" End User License Agreement whose terms
- vary from this Agreement, then the hardcopy End User License Agreement
- governs your use of the Software. 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 governed by Utah law (except for
- conflict of law provisions). The application the United Nations
- Conventio of Contracts for the International Sale of Goods is
- expressly excluded.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by
- the Government is subject to restrictions set forth in subparagraphs
- (a) through (d) of the Commercial ComputerRestricted Rights clause at
- FAR 52.22719 when applicable, or in subparagraph (c)(1)(ii) of the
- Rights in Technical Data and Computer Software clause at DFARS
- 252.2277013, or at 252.2117015, or to Star Division's standard
- commercial license, as applicable, and in similar clauses in the NASA
- FAR Supplement. Contractor/manufacturer is Star Division, Sachsenfeld
- 4, 20097 Hamburg, Germany.
-
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