Cream of the Crop 21/Cream of the Crop 21 (Terry Blount) (October 1996).iso/comm/vftpd112.zip/LICENSE.TXT

Text File | 1996-04-11 | 6KB | 115 lines

                      VFTPD SOFTWARE LICENSE AGREEMENT

THIS AGREEMENT PRESCRIBES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THE
EXECUTABLE SOFTWARE PROGRAMS AND ASSOCIATED DOCUMENTATION AND FILES
ACCOMPANYING THIS AGREEMENT (COLLECTIVELY, "VFTPD").

VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT VFTPD.
THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES LICENSEE LIMITED RIGHTS TO
USE VFTPD AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. ARCANE
SOFTWARE RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT.

1. Grant of License

1.1. Unregistered (evaluation) Version.

VFTPD is not free software. Arcane Software grants you a nonexclusive
license to use VFTPD on a single host computer for an evaluation period of
30 days. If you use this software after the 30 day evaluation period a
registration fee is required as described in the file ORDER.TXT. You may
not: (1) rent, lease or sublicense all or any portion of the VFTPD; (2)
modify or prepare derivative works of VFTPD; (3) reverse engineer,
decompile or disassemble VFTPD; or (4) generate unauthorized activation
keys.

You are hereby licensed to make as many copies of the unregistered version
of VFTPD and documentation as you wish; give exact copies of the original
unregistered version to anyone; and distribute the unregistered version of
VFTPD and documentation in its unmodified form via electronic means.

1.2. Registered Version.

Arcane Software grants you a nonexclusive license to use VFTPD and its
activation key ("KEY") on a single host computer. You may not: (1) rent,
lease or sublicense all or any portion of the VFTPD or the KEY; (2) modify
or prepare derivative works of VFTPD or the KEY; (3) reverse engineer,
decompile or disassemble VFTPD or the KEY; or (4) generate unauthorized
activation keys.  You agree to keep confidential and use your best efforts
to prevent and protect the contents of VFTPD and the KEY from unauthorized
disclosure or use.

2. Property Rights and Restrictions.

2.1 Licensee acknowledges that VFTPD and the KEY, all enhancements,
corrections and modifications to the Software (regardless whether made by
Arcane Software, Licensee or anyone else) and all copyrights, trade
secrets, trademarks and other intellectual property rights protecting or
pertaining to any aspect of the Software (or any enhancements, corrections
or modifications) are and shall remain the sole and exclusive property of
Arcane Software. This Agreement does not convey title or ownership to
Licensee, but instead gives Licensee only the limited right to use the
software set forth in Section 1.

2.2 Except as set forth in Section 1, Licensee has no right to use, make,
sublicense, modify, or distribute copies of VFTPD or the KEY or permit
anyone else to do.

2.3 Licensee acknowledges that the Software, in its source code form,
contains valuable trade secrets belonging to Arcane Software. Licensee may
not reverse engineer, decompile, disassemble or otherwise translate VFTPD
or KEY.

3. Limited Software Product Warranty

3.1 This warranty does not cover damage caused by improper use or neglect.
We do not warrant the contents of VFTPD or that it will be error free.
VFTPD is furnished "AS IS" and without warranty as to the performance or
results you may obtain by using VFTPD.  The entire risk as to the results
and performance of VFTPD is assumed by you.

4. Disclaimer of Warranty And Limitation of Remedies

4.1 You are responsible for installation, management and operation of
VFTPD.

5. THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.  WE DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES.  IN NO
EVENT WILL OUR LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR
CONSEQUENVFTPDL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE KNOWLEDGE
OF THE POTENVFTPDL LOSS OR DAMAGE.

6. Our entire liability and your exclusive remedies for our liability of
any kind (including liability for negligence except liability for personal
injury caused solely by our negligence) for VFTPD covered by this Agreement
and all other performance or nonperformance by us under or related to this
Agreement are limited to the remedies specified by this Agreement.

7.  Some states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.  This warranty gives you specific
legal rights, and you may also have other rights which vary from state to
state.

BY USING VFTPD YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU
FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN YOU AND ARCANE SOFTWARE WHICH SUPERSEDES ANY PROPOSAL OR
PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

EXPORT CONTROL. The re-export of United States origin software and
documentation is subject to the Export Administration Act of 1969 as
amended. Compliance with such regulations is your responsibility.

U.S. GOVERNMENT RESTRICTED RIGHTS. This computer software and documentation
are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 (Oct. 1988) or if provided under a contract or
subcontract with NASA or a civilian agency of the Government, to the
restrictions set forth is such contract or subcontract.
Contractor/Manufacturer is Matte Kalinowski, 107 Williams Rd., Smithton, PA
15479.

Copyright ⌐ 1996, Arcane Software.