Cream of the Crop 21/Cream of the Crop 21 (Terry Blount) (October 1996).iso/comm/ras95.zip/RASPLS95.Z/eula.txt

Text File | 1996-07-26 | 6KB | 132 lines

THIS IS A PRE-RELEASE VERSION OF RAS+ 95 FOR MICROSOFT(TM) WINDOWS 95(R).
THIS SOFTWARE IS STILL IN DEVELOPMENT; SOME OF THE FUNCTIONALITY MAY BE
INCOMPLETE AT THIS TIME.

LAMB SOFTWARE, INC. ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THAT MAY
OCCUR EITHER DIRECTLY OR INDIRECTLY FROM USE OF THIS SOFTWARE PRODUCT.

OBTAIN THE LATEST VERSION OF RAS+ 95 AT HTTP://WWW.LAMBSOFTWARE.COM

BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE, YOU ARE
CONSENTING TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND
THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT
TO THE PLACE OF PURCHASE FOR A FULL REFUND.

RAS+ 95 END USER LICENSE AGREEMENT (EULA) REDISTRIBUTION NOT PERMITTED.

THIS AGREEMENT HAS 3 PARTS.  PART I APPLIES IF YOU HAVE NOT PURCHASED A
LICENSE TO THE ACCOMPANYING SOFTWARE (THE "SOFTWARE").  PART II APPLIES
IF YOU HAVE PURCHASED A LICENSE TO THE SOFTWARE.  PART III APPLIES
TO ALL LICENSE GRANTS.  IF YOU INITIALLY ACQUIRED A COPY OF THE
SOFTWARE WITHOUT PURCHASING A LICENSE AND YOU WISH TO PURCHASE A
LICENSE, CONTACT LAMB SOFTWARE, INC. ON THE INTERNET AT
HTTP://WWW.LAMBSOFTWARE.COM.

PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT PAID.

LAMB SOFTWARE, INC. GRANTS YOU A NON-EXCLUSIVE LICENSE TO USE THE
SOFTWARE FREE OF CHARGE IF YOUR USE OF THE SOFTWARE IS FOR THE
PURPOSE OF EVALUATING WHETHER TO PURCHASE AN ONGOING LICENSE TO THE
SOFTWARE.  THE EVALUATION PERIOD FOR USE IS LIMITED TO 20 DAYS.  IF YOU
ARE USING THE SOFTWARE DURING THE 20 DAY TRIAL PERIOD YOU ARE NOT
ENTITLED TO SUPPORT OR EMAIL ASSISTANCE.  IF YOU FIT WITHIN THE
DESCRIPTION ABOVE, YOU MAY USE THE SOFTWARE IN THE MANNER DESCRIBED
IN PART III BELOW UNDER "SCOPE OF GRANT."

PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID

GRANT.  SUBJECT TO PAYMENT OF APPLICABLE LICENSE FEES,
LAMB SOFTWARE, INC. GRANTS TO YOU A NON-EXCLUSIVE LICENSE TO USE
THE SOFTWARE IN THE MANNER DESCRIBED IN PART III BELOW UNDER
"SCOPE OF GRANT."

DISCLAIMER OF WARRANTY.

THIS IS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  YOU HAVE 20
DAYS TO EVALUATE THE SOFTWARE. NO REFUNDS WILL BE ISSUED AFTER YOUR
PURCHASE AS YOU HAVE BEEN GIVEN 20 DAYS TO DECIDE IF THE PRODUCT MERITS
PURCHASE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE IS BORNE BY YOU.  SHOULD THE SOFTWARE PROVE DEFECTIVE,
YOU AND NOT LAMB SOFTWARE, INC. ASSUME THE ENTIRE COST OF ANY SERVICE
AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THE AGREEMENT.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY
HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS

SCOPE OF GRANT.

YOU MAY:
* USE THE SOFTWARE ON ANY SINGLE COMPUTER;
* USE THE SOFTWARE ON A NETWORK, PROVIDED THAT EACH
  PERSON ACCESSING THE SOFTWARE THROUGH THE NETWORK
  MUST HAVE A COPY LICENSED TO THAT PERSON;
* USE THE SOFTWARE ON A SECOND COMPUTER SO LONG AS ONLY
  ONE COPY IS USED AT A TIME;
* COPY THE SOFTWARE FOR ARCHIVAL PURPOSES, PROVIDED ANY
  COPY MUST CONTAIN ALL OF THE ORIGINAL SOFTWARE'S
  PROPRIETARY NOTICES; OR
* IF YOU HAVE PURCHASED MULTI USER LICENSES: YOU MUST RETAIN
  ALL OF THE ORIGINAL SOFTWARE'S PROPRIETARY NOTICES.
  THE NUMBER OF COPIES IS THE TOTAL NUMBER OF COPIES THAT
  MAY BE MADE FOR ALL PLATFORMS.

YOU MAY NOT:
* PERMIT OTHER INDIVIDUALS TO USE THE SOFTWARE EXCEPT
  UNDER THE TERMS LISTED ABOVE;
* PERMIT CONCURRENT USE OF THE SOFTWARE;
* MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE,
  DISASSEMBLE (EXCEPT TO THE EXTENT APPLICABLE LAWS
  SPECIFICALLY PROHIBIT SUCH RESTRICTION), OR CREATE
  DERIVATIVE WORKS BASED ON THE SOFTWARE;
* COPY THE SOFTWARE OTHER THAN AS SPECIFIED ABOVE;
* RENT, LEASE, GRANT A SECURITY INTEREST IN, OR
  OTHERWISE TRANSFER RIGHTS TO THE SOFTWARE; OR
* REMOVE ANY PROPRIETARY  NOTICES OR LABELS ON THE
  SOFTWARE.

TITLE.

TITLE, OWNERSHIP RIGHTS, AND INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE
SHALL REMAIN IN LAMB SOFTWARE, INC.  THE SOFTWARE IS PROTECTED BY THE
COPYRIGHT LAWS AND TREATIES.  TITLE AND RELATED RIGHTS IN THE CONTENT
ACCESSED THROUGH THE SOFTWARE IS THE PROPERTY OF THE APPLICABLE CONTENT
OWNER AND MAY BE PROTECTED BY APPLICABLE LAW.  THIS LICENSE GIVES YOU NO
RIGHTS TO SUCH CONTENT.

TERMINATION.

REFUNDS: THERE WILL BE NO REFUNDS ALLOWED AFTER 30 DAYS OF LICENSED USE,
BEGINNING ON THE DAY OF PAYMENT RECEIVED AND PROCESSED.  IF A REFUND IS
GRANTED DURING THE 30 DAY PERIOD, A $10 RESTOCKING FEE WILL BE RETAINED
FROM YOUR REFUND.

THE LICENSE WILL TERMINATE AUTOMATICALLY IF YOU FAIL TO COMPLY WITH THE
LIMITATIONS DESCRIBED HEREIN.  ON TERMINATION, YOU MUST DESTROY ALL COPIES
OF THE SOFTWARE.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL LAMB SOFTWARE, INC. BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
IN NO EVENT WILL LAMB SOFTWARE, INC. BE LIABLE
FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
LAMB SOFTWARE, INC. RECEIVED FROM YOU FOR A LICENSE
TO THE SOFTWARE, EVEN IF LAMB SOFTWARE, INC. SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION.  FURTHERMORE,
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.