Extra Strength Realhelp/Extra Streangth Realhelp.iso/_setup.lib/EULAINST.TXT

Text File | 1997-11-26 | 10.4 KB | 203 lines

END USER LICENSE AGREEMENT

NOTICE: PLEASE READ THIS END USER LICENSE AGREEMENT (THIS
"AGREEMENT"). IF YOU INSTALL OR USE THIS SOFTWARE PRODUCT (THE
"SOFTWARE"), YOU WILL BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU
DO NOT WANT TO BE BOUND, YOU MUST PROMPTLY RETURN THE SOFTWARE,
ALL ACCOMPANYING DOCUMENTATION, AND ALL OTHER ACCOMPANYING
WRITTEN MATERIALS IN THE ORIGINAL PACKAGING TO THE LOCATION
WHERE YOU OBTAINED THEM FOR A FULL REFUND. IF YOU DO NOT ACCEPT
THIS AGREEMENT, YOU MAY NOT COPY, RETAIN OR USE THE SOFTWARE.

1.      LICENSE GRANT. Quarterdeck Corporation ("Quarterdeck")
grants you a nonexclusive license to use the Software, as
follows:

Except as stated below, you may install the Software on only one
computer. If the Software may be used from any computer or
terminal other than the computer on which it is installed
(whether because the computer on which it is installed is part
of a network or for any other reason), you must license a copy
of the Software for each computer or terminal from which the
Software may be used. For example, if ten computers or terminals
have access to the Software on your network, then you must
license ten copies of the Software solely for use on that
network. However, multiple users may share the Software to work
collaboratively on the same document or data at the same time
without licensing multiple copies so long as the Software is
resident on only one computer and may not otherwise be used from
another computer or terminal.

If you regularly use more than one computer (such as an office
computer and a home computer), you may install the Software on
each of them so long as the Software is never used on more than
one of the computers at the same time. If you want to allow the
Software to be used on more than one computer at the same time,
then you must license a copy of the Software for each computer.

You may make a reasonable number of back-up copies of the
Software. The back-up copies may be used only to replace an
unusable copy of the Software. You must destroy any copies of
the Software that are replaced by a back-up copy. Back-up copies
must include all proprietary rights notices appearing on the
original and must remain in your possession or control.


Except as specifically permitted in this Agreement, you may not
(i) copy the Software or this manual, (ii) modify the Software
or separate out any of its components for use with other
software (except to the extent contemplated in the enclosed user
documentation) (iii) use the Software to provide time sharing,
service bureau or similar services, or (iv) decompile,
disassemble, or otherwise reverse engineer the Software.
Further, you may not allow anyone to do anything that this
Agreement prohibits you from doing.


You understand that the Software is licensed to you and not
sold. Quarterdeck retains title to all copies of the Software.

2.     LIMITED WARRANTIES AND DISCLAIMER. (a) Quarterdeck
warrants that, for ninety (90) days after you obtain the
Software (the "Warranty Period"), (i) the Software will operate
as stated in the enclosed user documentation, and (ii) the disk
or other media on which the Software is provided will be free of
defects in material or workmanship. This limited warranty does
not cover anything caused by accident or abuse or by use of the
Software other than for its reasonably intended purposes and as
recommended in the accompanying user documentation. Also,
Quarterdeck does not warrant that the operation of the Software
will be uninterrupted or error free. This warranty gives you
specific legal rights, and you may also have other rights which
vary from state to state.

(b)    EXCEPT AS STATED IN SECTION 2(a), QUARTERDECK DOES NOT
MAKE ANY WARRANTIES. IN PARTICULAR, QUARTERDECK DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. THE DURATION OF ANY IMPLIED WARRANTY THAT IS
NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE 90 DAY
WARRANTY PERIOD. SOME STATES DO NOT APPLY LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.

3.     EXCLUSIVE REMEDIES. (a) If, during the Warranty Period,
you report any breach of warranty to Quarterdeck and Quarterdeck
is reasonably able to verify that breach, Quarterdeck will, at
its option, either (i) correct the Software or replace any
defective media, (ii) help you work around or avoid the problem,
or (iii) allow you to return the Software, all accompanying
documentation, and all other accompanying written materials in
the original packaging for a full refund. If you return the
Software for a refund, you may not retain or use the Software,
and you must immediately destroy all back-up copies and any
other copies of the Software in your possession or control.

(b)    During the Warranty Period, you may report breaches of
warranty over the phone by calling
[phone] or by letter addressed to Quarterdeck Corp., 5770
Roosevelt Blvd. Building 400, Clearwater, FL 34620, Attention:
Customer Service. You must describe the breach in detail and
include a phone number or address at which you can be reached
during normal business hours. Quarterdeck will respond within a
reasonable time to any reported breach. You must pay all costs
of shipping any Software or other materials from you to
Quarterdeck and from Quarterdeck to you. Any corrected or
replaced software that you obtain under this Agreement will be
considered part of the Software licensed under this Agreement
and will be covered by warranty only for any time remaining in
the original Warranty Period.

(c)    THE REMEDIES STATED IN THIS SECTION 3 ARE YOUR ONLY
RIGHTS OR REMEDIES, AND WILL BE QUARTERDECK'S ONLY LIABILITY OR
OBLIGATION, FOR ANY BREACH BY QUARTERDECK OF ANY WARRANTY.

4.     PROPRIETARY RIGHTS. Quarterdeck and its licensors retain
all copyrights, trade secret rights, patents, trademarks, and
any other proprietary rights covering or relating to the
Software. You acknowledge that the Software includes or
incorporates proprietary and confidential information belonging
to Quarterdeck and/or its licensors. All rights not expressly
granted by Quarterdeck in this Agreement are reserved.

5.     NO CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY.
NEITHER QUARTERDECK NOR ITS LICENSORS WILL BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOST
PROFITS OR LOSS OF DATA OR INFORMATION OF ANY KIND, ARISING OUT
OF OR IN CONNECTION WITH THE SOFTWARE OR ITS USE OR THIS
AGREEMENT, EVEN IF QUARTERDECK OR ITS LICENSOR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
QUARTERDECK'S OR ITS LICENSORS' LIABILITY FOR ANY CLAIM RELATING
TO THE SOFTWARE OR ITS USE OR THIS AGREEMENT, WHETHER IN
CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE
LICENSE FEE PAID BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

6.     LIMITS ON YOUR RIGHT TO TRANSFER. You may not
sublicense, rent, lease, lend, sell, grant a security interest
in, or otherwise transfer the Software or any rights under this
Agreement, except that you may transfer your copy of the
Software if: (i) you transfer to the same person all copies of
the Software and of any accompanying documentation in your
possession or control, (ii) that person agrees in writing to
assume all of your obligations under and otherwise to be bound
by this Agreement, and (iii) you notify Quarterdeck at the
address or phone number specified below of the transfer of the
Software, including the name, address and phone number of the
new user of the Software and the serial number of the Software.
Your rights under this Section 6 only apply to incidental
transfers. No right is granted to transfer or in any way
distribute multiple copies of the Software in connection with a
trade or business (whether as a value added reseller, OEM,
distributor, systems integrator, or otherwise).

7.     EXPORT. You acknowledge that the Software is subject to
United States export control laws, including the export
administration regulations. You will not export, re-export or
divert the Software in contravention of those laws.

8.     TERMINATION.   Quarterdeck may terminate this Agreement
if you violate it. You must destroy all copies of the Software
in your possession or control promptly upon termination. Upon
Quarterdeck's request, you must certify in writing that you have
complied with your obligations under this Section 8 and
otherwise under this Agreement. Termination by Quarterdeck will
not limit any of its other rights or remedies under this
Agreement or at law or in equity. Any provision of this
Agreement that by its sense and context is intended to survive
termination of this Agreement will survive termination.

 9.     SEVERABILITY. If any provision of this Agreement is
illegal or unenforceable under applicable law, the remaining
provisions of this Agreement will remain valid and fully
enforceable. If any provision is in part enforceable and in part
unenforceable, it will be enforced to the extent permitted under
applicable law.

 10.   U.S. GOVERNMENT RESTRICTED RIGHTS. If this product is
licensed by a DoD agency, such agency's rights in this product
are governed by the restrictions in the Technical Data --
Commercial Items clause at DFARS 252.227-7015 and DFARS
227.7202, or any successor regulation. If this product is
licensed by any other agency or instrumentality of the United
States of America, use, duplication and disclosure are subject
to restriction as set forth in subparagraphs (a) - (d) of the
rights in Technical Data and Computer Software clause at FAR
52.227-19 or any successor regulation.

 11.   GOVERNING LAW. This Agreement is governed by California
law.

 12.    ENTIRE AGREEMENT. This Agreement, together with any
special rights or promotions provided in writing with your copy
of the Software, is the entire agreement between you and
Quarterdeck relating to the Software. It supersedes any prior or
contemporaneous oral or written communication relating to the
Software.

Questions? Write: Quarterdeck Corporation, 13160 Mindanao Way,
Marina del Rey, CA 90292-9705. Phone: [phone] Fax: (310)
309-4218.