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- 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 by this Agreement,
- 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 are the primary user of 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 allow 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 (800) 354-3222 or by letter addressed to Quarterdeck Corp.,
- P.O. Box 1471, Columbia MO 65205, 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. Updates. Quarterdeck may from time to time provide you with updates,
- patches, error corrections or new or modified versions of the Software
- (collectively referred to as "Updates"). Unless those Updates are supplied with
- a written license agreement, they will be deemed part of the Software subject
- to this Agreement. The warranty provided in Sections 2 and 3 will apply to an
- Update subject to this Agreement only if you obtain the Update during the
- Warranty Period (that is, within 90 days after you originally obtained the
- Software), and the warranty with respect to that Update will continue only
- until the end of the Warranty Period. Any Update subject to this agreement
- obtained after the Warranty Period will be provided AS IS. Quarterdeck has no
- obligation under this Agreement to provide any Updates.
-
- 5. 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.
-
- 6. 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 licensors 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.
-
- 7. 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 7 only apply to
- incidental transfers. No right is granted to transfer or in any way distribute
- multiple copies of the Software or to transfer Software in connection with a
- trade or business (whether as a value added reseller, OEM, distributor, systems
- integrator, or otherwise).
-
- 8. 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.
-
- 9. 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 9 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.
-
- 10. 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.
-
- 11. 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.
-
- 12. Governing Law. This Agreement is governed by California law.
-
- 13. 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: (310) 309-3700 Fax: (310) 309-4218.
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