home *** CD-ROM | disk | FTP | other *** search
- TRIAL SOFTWARE LICENSE
-
-
- PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS TRIAL
- SOFTWARE. BY CLICKING THE "ACCEPT" BUTTON OR BY USING THIS
- TRIAL SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF
- THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
- LICENSE, CLICK THE "DECLINE" BUTTON AND DO NOT USE THIS
- TRIAL SOFTWARE.
-
- You are interested in receiving from Claris Corporation or
- Claris Ireland (collectively referred to as "Claris") the
- Claris trial software ("Trial Software") and you agree to
- use the Trial Software solely in accordance with the terms
- of this License.
-
- Please be aware that this Trial Software may be programmed
- to cease functioning on a certain date.
-
- 1. License Grant. This Trial Software is licensed, not
- sold, to you by Claris for use only under the terms of this
- License, and Claris reserves any rights not expressly
- granted to you. Subject to all the terms and conditions of
- this License, Claris grants you a nonexclusive,
- nontransferable license to use the Trial Software on a
- single computer. To "use" the Trial Software means that the
- Trial Software is either loaded in the temporary memory
- (i.e. RAM) of a computer or installed on the permanent
- memory of a computer (i.e., hard disk, CD ROM, etc.). You
- may make one (1) copy of the Trial Software in machine
- readable form solely for backup purposes. You must
- reproduce on each copy any copyright or other proprietary
- notices that were on the original copy supplied by Claris.
-
- 2. Restrictions. The Trial Software contains trade secrets
- in its human perceivable form and, to protect them, you may
- not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE
- REDUCE THE TRIAL SOFTWARE TO ANY HUMAN PERCEIVABLE FORM.
- YOU MANY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN,
- RESELL FOR PROFIT OR CREATE DERIVATIVE WORKS BASED UPON THE
- TRIAL SOFTWARE OR ANY PART THEREOF.
-
- 3. Termination. This License is effective until
- terminated. This License will terminate immediately without
- notice from Claris or judicial resolution if you fail to
- comply with any provision of this License. Upon such
- termination you must destroy the Trial Software, any
- accompanying written materials and all copies thereof, and
- Sections 2, 4, 5, 6 and 7 will survive any termination.
-
- 4. Export Law Assurances. You may not use or otherwise
- export or reexport the Trial Software except as authorized
- by United States laws and the laws of the jurisdiction in
- which the Trial Software was obtained. In particular, but
- without limitation, the Trial Software may not be exported
- or reexported (i) into (or to a national or resident of )
- any U.S. embargoed country or (ii) to anyone on the U.S.
- Treasury Department's list of Specially Designated Nationals
- or the U.S. Department of Commerce's Table of Denial Orders.
- By using the Trial Software, you represent and warrant that
- you are not located in, under control of, or a national or
- resident of any such country or on any such list.
-
- 5. Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE TRIAL
- SOFTWARE MAY NOT SATISFY YOUR REQUIREMENTS OR BE FREE FROM
- DEFECTS. THE TRIAL SOFTWARE IS PROVIDED "AS IS" WITHOUT
- WARRANTY OF ANY KIND, AND CLARIS EXPRESSLY DISCLAIMS ALL
- IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED
- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
- PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
- IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY
- NOT APPLY TO YOU.
-
- 6. Limitation of Remedies and Damages. CLARIS WILL NOT BE
- LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR
- SPECIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING
- NEGLIGENCE), CONTRACT OR OTHERWISE, THAT STEM FROM ANY USE
- OF OR INABILITY TO USE THE TRIAL SOFTWARE OR OTHERWISE
- ARISING FROM THIS LICENSE. CLARIS' LIABILITY FOR ACTUAL
- DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
- OF THE ACTION, WILL BE LIMITED TO US$50.00. THIS
- LIMITATION WILL NOT APPLY IN CASE OF DEATH, PERSONAL INJURY
- AND LOSS OF, DAMAGE TO OR DESTRUCTION OF TANGIBLE PROPERTY
- ORDINARILY INTENDED FOR PRIVATE USE OR CONSUMPTION, ONLY
- WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH
- LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
- INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
- YOU.
-
- 7. General. This License will be construed under the laws
- of the State of California, except for that body of law
- dealing with conflicts of law. If any provision of this
- License shall be held by a court of competent jurisdiction
- to be contrary to law, that provision will be enforced to
- the maximum extent permissible, and the remaining provisions
- of this License will remain in full force and effect. If
- the Trial Software is supplied to the United States
- Government, the Trial Software is classified as "restricted
- computer software" as defined in clause 52.227-19 of the
- FAR. The United States Government's rights to the Trial
- Software are as provided in clause 52.227-19 of the FAR.
-