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- [ LEGAL STUFF ]
-
- LICENSE AND EVALUATION AGREEMENT
-
- WildNews/WildBull/WildEdit/WildStyle
- ANSIBull/ANSIStyle
- WildStats/Call Log/WildPrompt/2CENTS
- WIT/Myths & Legends
- (c) Copyright 1992 - Blake Software
-
- This license agreement pertains to each of these products.
-
-
- READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
- BEFORE USING THE ACCOMPANYING PROGRAM, THE COMPUTER SOFTWARE
- THEREIN, AND THE ACCOMPANYING USER DOCUMENTATION, IF ANY, (THE
- "PROGRAM"). THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE
- AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND HOWARD BLAKE OF
- BLAKE SOFTWARE (TM) (REFERRED TO AS LICENSOR), AND IT SUPERSEDES
- ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE
- PARTIES. BY USING THE ACCOMPANYING PROGRAM, YOU ARE ACCEPTING AND
- AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.
-
- IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE
- AGREEMENT, YOU SHOULD NOT USE THE ACCOMPANYING SOFTWARE.
-
- WITNESSETH:
-
- WHEREAS, Howard Blake, (hereinafter "LICENSOR") doing
- business as BLAKE SOFTWARE (TM) has developed certain programming
- and software to be covered by the terms of this agreement, and
-
- WHEREAS, the Program embodies and reflects certain Trade
- Secrets and Copyrights of the LICENSOR, and
-
- WHEREAS, you are interested in licensing computer software
- and documentation having the general characteristics of the
- Program and therefore desire to evaluate the Program for possible
- registration; and
-
- WHEREAS, the LICENSOR has delivered a demonstration copy of
- the Program to you, for the sole purpose of your conducting such
- evaluation under the terms, conditions and limitations of this
- Agreement;
-
- NOW, THEREFORE, in consideration of the premises hereof, and the
- mutual promises and obligations herein, upon use of the Program,
- you hereby agree to be bound as follows:
-
- (1) LICENSE GRANT: The LICENSOR hereby grants to you, and
- you accept upon first use, a non*exclusive right to use the
- accompanying Program Diskette and computer software contained
- therein in object-code only form, and only as authorized by this
- agreement. This computer program is strictly a
- non*registered, demonstration version. This non*registered
- version may be freely distributed and uploaded to BBS's subject
- to the herein proscribed time limitations. From the date of
- first use by you of the accompanying software Program, you can
- use and test the program for a single thirty (30) day time
- period. Thirty (30) days after first use of the program, the
- program may not thereafter be used unless it has been previously
- registered with the LICENSOR.
-
-
- (2) Licensor's Rights: You acknowledge and agree that the
- Program consists of proprietary, unpublished products of
- LICENSOR, protected under U.S. copyright law and trade secret
- laws of general applicability. You further acknowledge and agree
- that all right, title, and interest in and to the Program are and
- shall remain with LICENSOR. This License Agreement does not
- convey to you an interest in or to the Program, revocable in
- accordance with the terms of this License Agreement, but only a
- limited right of use.
-
- (3) Licensed "As Is" And Limitation Of Warranties:
-
- (a) The Program and software subject to this Agreement
- are licensed to you "AS IS" and the Licensor disclaims any and
- all warranties, whether express or implied, including without
- limitation any implied warranties of merchantability or of
- fitness for a particular purpose.
-
- (b) The Licensor and any of his associates shall not
- be liable or responsible for any damages resulting to you or
- others from your use of the Program. You assume full
- responsibility for determining what use(s) the Program serve(s),
- if any, and whether the Program meets your requirements. The
- LICENSOR makes no representations whatsoever concerning the
- performance, acceptability and/or compatibility with your
- equipment and operation of the Program provided.
-
- (4) Limitation Of Damages
-
- You agree that with respect to any claims of any nature
- whatsoever that you or any other party may have against LICENSOR
- resulting from use of the Program, that LICENSOR shall be
- notified in writing by you of the claim within 30 days of the
- incident or occurrence giving rise to the claim, mailed, by
- certified letter to:
-
- Howard Blake
- 512 W. 17th Street
- Clovis, NM 88101
-
- You agree that in no event shall LICENSOR be liable for any
- indirect, incidental, consequential, special, or exemplary
- damages or lost profits, even if LICENSOR has been advised of the
- possibility of such damages. You further agree that if for any
- reason the LICENSOR is found to be liable to you as a result of
- your use of the program and software, that as partial
- consideration of the LICENSOR granting you this license, you
- agree that LICENSOR'S sole and exclusive cumulative liability to
- you or others shall be no greater than the amount of any
- registration fee paid by you. SOME STATES DO NOT ALLOW THE
- LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
- NOT APPLY TO YOU.
-
- (5) Proprietary Protection
-
- (a) The Program is furnished to you for the sole
- purpose of enabling you to determine whether to register Program
- with the LICENSOR. You shall use the Program solely for such
- purpose, and shall not, without the prior written approval of the
- LICENSOR, either allow any third party to use, or yourself use,
- the Program for any other purpose or for the benefit of any third
- party.
-
- (b) This Agreement conveys to you only a limited right
- of use, fully revocable in accordance with the provisions of this
- Agreement. Except for such right of use, you shall not assert
- any right, title, or interest in or to the Program or any
- pertinent documentation.
-
- (c) The LICENSOR hereby represents, and you hereby
- acknowledge, that the program and software contain substantial
- Trade Secrets of the LICENSOR; such Trade Secrets have been
- entrusted to you for use only as expressly authorized under this
- Agreement. Under no circumstances may you decompile, reverse
- engineer, or "unlock" as the term is generally used in the
- industry, the program and software.
-
- (d) LICENSOR claims and reserves to itself all rights
- and benefits afforded under U.S. copyright law and all
- international copyright conventions in the Program and any
- pertinent documentation as restricted, unpublished works, or as
- copyrighted material, as the case may be.
-
- (e) You shall devote your best efforts, consistent
- with the practices and procedures under which you protect your
- own most valuable proprietary information and materials, to
- protect the Program and any pertinent documentation against any
- unauthorized or unlawful use or copying.
-
- (f)
- You shall make no hard copies of the Program, and may store in
- memory only so much programming as authorized by the terms of
- this agreement. Upon expiration of 30 days after your first use
- of the program and software, you shall permanently cease use of
- the program and software, unless it has been registered pursuant
- to provisions of this agreement.
-
- (6) Registration: You agree that after using the program
- and software provided for thirty (30) days from first use, you
- will not use or test the program and software, unless it has been
- registered with the LICENSOR in one of the two following manners:
-
- (a) You can register by filling out a coupon located at
- in the archive accompanying this program and send with
- the required amount to:
-
- Howard Blake
- 512 W. 17th Street
- Clovis, NM 88101
-
- (b) After completing registration you will be
- registered in the SUPPORT conference on Green Acres! BBS. The
- registration number permits you to make your demo*version a
- fully*operational, registered version. You agree not to defeat
- the registration, or to distribute a registered version of
- this software or registered key file to anyone. If you have any
- questions or comments, feel free to contact the home board:
-
- Green Acres! BBS (505)-763-5129
-
- (d) Registration of the Program shall be exclusive to
- the person registering said program and software, and you may not
- transfer the registered program and software to or provide copies
- of the registered program/key and software to third parties.
- The registered program and software shall be subject to all
- provisions and conditions of this agreement.
-
- (e) The specifications of this product and the terms
- and conditions of its registration are subject to change at any
- time upon the sole and exclusive discretion of LICENSOR without
- prior or future notification to you.
-
- (7)Trademark: BLAKE SOFTWARE and the title of this program are
- registered trademarks of the Licensor. No right, or interest to
- such trademarks are granted hereunder, and you agree that no such
- right, license, or interest shall be asserted by you with respect
- to such trademarks.
-
- (8) Governing Law: This Agreement shall be construed and
- governed in accordance with the laws of the State of New Mexico.
-
- (9) Ambiguity: As partial consideration for this agreement
- and use of the Program, you hereby agree that any ambiguity
- contained in this agreement shall be construed most favorably to
- the LICENSOR.
-
- (10) Severability: Should any term of this License
- Agreement be declared void or unenforceable by any court of
- competent jurisdiction, such declaration shall have no effect on
- the remaining terms hereof.
-
- (11) No Waiver: The failure of either party to enforce any
- rights granted hereunder or to take action against the other
- party in the event of any breach hereunder shall not be deemed a
- waiver by that party as to subsequent enforcement of rights or
- subsequent actions in the event of future breaches.
-
- (12) Venue and Jurisdiction: You hereby agree by virtue of
- this agreement that any and all actions brought by you against
- LICENSOR shall be brought before a Court of competent
- jurisdiction in Curry County, New Mexico, and that as between you
- and the LICENSOR, that this License Agreement shall be deemed to
- have been entered into in Curry County, New Mexico.
-
- (13) Acceptance: You agree to all the terms, conditions
- and limitations of this agreement upon your first use of the
- program and software covered hereby.
-
- THIS PROGRAM IS THE CONFIDENTIAL AND PROPRIETARY PRODUCT OF
- LICENSOR. ANY UNAUTHORIZED USE, REPRODUCTION OR TRANSFER OF THIS
- PROGRAM IS STRICTLY PROHIBITED. COPYRIGHT 1992 BY BLAKE
- SOFTWARE. SUBJECT TO LIMITED DISTRIBUTION AND RESTRICTED DISCLOSURE
- ONLY. ALL RIGHTS RESERVED.
-