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- ViDir(tm)/ViRes(tm) File Monitoring System
- Copyright 1994 Vahnzinn(tm) international, All Rights Reserved
- 412 Norristown Road, Ambler, PA 19002-2737, USA
- Telephone: 215-643-6901 CompuServe: 70353,151
- VENDOR.DOC
-
-
- [1] WHO HAS TO SIGN THIS?
-
- [A] Distributors other than vendor-members of the Association of
- Shareware Professionals ("ASP") who wish to Commercially Distribute this
- program and its related files (the "Software") must indicate their
- agreement to this VENDOR.DOC by signing and sending it to us. It becomes a
- binding agreement when signed and accepted by us in our discretion.
-
- [B] Vendor-members of the ASP who wish to Commercially Distribute the
- Software, and those who wish to non-Commercially distribute it (which
- includes BBSs), must comply with the respective terms and conditions
- applicable to them in the SLICENSE.DOC.
-
- [C] As used here, "Commercial Distribution" means distribution for money
- or gain, and (1) INCLUDES those who charge for distribution by disk, CD-ROM
- and all other media now or subsequently known, and distribution by retail
- rack, direct mail, catalog, advertisement, and trade show; but (2) DOES
- *NOT* INCLUDE distribution by any not-for-profit organization, by any
- hobby, user or computer interest group to its members, or distribution
- electronically by any BBS (whether or not it charges for online time or for
- downloading).
-
- [2] OWNERSHIP: Except to the extent expressly licensed by us, we have and
- reserve the exclusive copyright, trade secret and other rights to the
- Software, and the right to use the trademarks Vahnzinn, ViDir, ViRes (the
- "Trademarks") in connection with it. In particular, no rights are granted
- to distribute the Registered Version of the Software, or to copy related
- printed materials.
-
- [3] RIGHT TO DISTRIBUTE: Non-ASP vendor-members may commercially
- distribute the Software under the Trademarks upon our acceptance (as
- described above) and on the conditions that:
-
- [A] all of its related files (including this one) as released by us are
- included;
-
- [B] if distributed in "*.ZIP" format, the compressed file is called
- "ViDir102.ZIP";
-
- [C] it is not modified, and no copyright or trademark related information
- is removed;
-
- [D] you (1) clearly market it as copyright protected, evaluation-copy
- shareware using "try before you buy" or similar words, (2) try to sell only
- the most current version, and (3) make distribution copies only from master
- copies received directly from us using high quality disks and duplication
- technology, (4) report any material problems or complaints regarding the
- Software, and (5) replace physically defective copies you may distribute.
- We reserve the right to require payment for Commercial Distribution.
-
- [4] TERM: Unless terminated for cause, your distribution rights terminate
- 30 days after written notice. Following such termination, you may
- distribute the Software until the earlier of 60 days after the termination
- date in the notice, or distribution of the copies you have in stock.
- Sections [2], [5], and [6] survive termination.
-
- [5] LIMITED WARRANTY AND LIMITATION OF REMEDIES
-
- If we provide a copy of the Software to you that is physically defective,
- we will replace it on request. Aside from this warranty, THE SOFTWARE IS
- PROVIDED "AS-IS", AND NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), EXPRESS
- OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. OUR ENTIRE
- LIABILITY AND YOUR EXCLUSIVE REMEDY IS SUCH REPLACEMENT, AND UNDER NO
- CIRCUMSTANCES WILL WE PROVIDE ANY OTHER REMEDY FOR DIRECT, INDIRECT,
- SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING FROM
- IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY
- OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
-
- [6] MISCELLANY
-
- [A] Since we would be irreparably damaged if Section [3], [4] or [6][E]
- were not specifically enforced, we will be entitled without bond, other
- security or proof of damages, to appropriate equitable remedies with
- respect to breaches of such sections, in addition to such other remedies as
- we may have.
-
- [B] You will hold us, our partners, contractors, employees and agents
- harmless from damage, loss and expense arising directly or indirectly from
- your acts and omissions in copying and distributing the Software.
-
- [C] With respect to every matter arising under this, you consent to the
- exclusive jurisdiction and venue of the state and federal courts sitting in
- Philadelphia, PA, and to service by certified mail, return receipt
- requested, or as otherwise permitted by law.
-
- [D] Your rights under this are personal, and do not include any right to,
- without our consent in writing, (a) sublicense or (b) sell the Software as
- part of any hardware or software package or compilation.
-
- [E] You will not modify, reverse compile, disassemble, or reverse
- engineer the Software, or use or disclose any of our secret information
- that it contains.
-
- ACCEPTED AND AGREED:
-
- COMMERCIAL VENDOR COMPANY NAME:____________________________________________
- Address____________________________________________________________________
- Address____________________________________________________________________
- City____________________________________ State______Zip Code______________
- Country___________________________ Phone (____)___________________________
- Name of Person Signing_____________________________________________________
- Signature and Title________________________________________________
- Date_________________
-
-
- VAHNZINN INTERNATIONAL
-
- Name of Person Signing_____________________________________________________
- Signature and Title________________________________________________
- Date_________________
-
-
- Control #9402110000
-
- [VENDOR.DOC v.02.11.94]
-