Cream of the Crop 22/Cream of the Crop 22.iso/program/aphvb423.zip/LICENSE.TXT

Text File | 1996-10-10 | 8KB | 178 lines

'---------  |  ------------------- Improving Your Efficiency
'  .~. .~.  |.~.                           Andrew P. Holupka
' (__|/|__)/|  |/                        4850 White Cloud Rd
'      |                                 Leechburg, PA 15656
PROGRAM: VB 4-to-3
VERSION: 9610 (Shareware Version)


                 SOFTWARE LICENSE AGREEMENT

This is an Agreement between you, the USER and/or VENDOR,
and Andrew P. Holupka, the DEVELOPER, pertaining to the
ownership, use and distribution of VB 4-to-3,
the SOFTWARE. By using and/or distributing the SOFTWARE,
you acknowledge that you understand and agree to be bound
by the terms of this Agreement.

1. DEFINITIONS

For purposes of this Agreement and at any time during the
term of this Agreement, the following terms shall have the
meanings indicated:

 A. The term "SOFTWARE" shall mean all of the files
    listed in, and including, the PACKING.LST file.

 B. The term "USE" shall mean loading or running the
    SOFTWARE, or placing or copying the SOFTWARE onto
    a hard disk or other storage medium.

 C. The term "USER" shall mean any party who uses the
    SOFTWARE.

 D. The term "COMMERCIALLY DISTRIBUTE" shall mean to
    distribute the SOFTWARE for money or other considera-
    tions.  It includes distributing the SOFTWARE on any
    medium to include floppy disks and CD-ROMs, bundling
    the SOFTWARE with hardware, or distributing the
    SOFTWARE in a retail environment (such as on a rack).

 E. The term "VENDOR" shall mean any independent sales
    organization, distributor, retail store or other
    entity that commercially distributes, or attempts
    to commercially distribute, the SOFTWARE.

 F. The term "PERIOD OF EVALUATION" shall refer to a period
    of thirty (30) days from first use. The SOFTWARE may not
    be used after this period unless the SOFTWARE is
    registered. The SOFTWARE can only be registered with
    DEVELOPER, or DEVELOPER's empowered agents, as described
    in the REGISTER.TXT file.

2. GRANT OF LICENSE

DEVELOPER grants to you the right to use the SOFTWARE
during a period of evaluation and according to the terms
of this Agreement. You shall not use, copy, rent, lease,
distribute, sell, sublicense or transfer the SOFTWARE except
as provided by this Agreement. You shall not modify, reverse
engineer, decompile, translate, disassemble or create
derivative works based upon the SOFTWARE. You agree that the
SOFTWARE will not be shipped, transferred or exported into
any country in violation of the U.S. Export Administration
Act and that you will not utilize, in any other manner, the
SOFTWARE in violation of any applicable law.

3. OWNERSHIP AND COPYRIGHT

This SOFTWARE is owned by DEVELOPER and is protected by
United States copyright laws and international treaty
provisions. You must treat the SOFTWARE just like any other
copyrighted material with the following provisions and
exceptions in sections 3A and 4 of this Agreement. Except
as expressly licensed by DEVELOPER, DEVELOPER has and
reserves the exclusive copyright and all other rights,
titles and interests in the SOFTWARE.

 A. USERS may make copies of the SOFTWARE to give to others
    as long as all files originally distributed with the
    SOFTWARE by DEVELOPER are included without modification,
    no files are added to the SOFTWARE and the SOFTWARE is
    not commercially distributed.

4. COMMERCIAL DISTRIBUTION

The SOFTWARE may not be commercially distributed without
receiving DEVELOPER's prior written consent as described
in the VENDOR.TXT file.

Upon receiving written consent from DEVELOPER, VENDORS are
granted a non-exclusive license to commercially distribute
the SOFTWARE subject to the following conditions:

 A. The SOFTWARE is identified as shareware and you explain
    the shareware concept. Shareware is "try before you buy"
    and fees delivered to VENDORS are for distribution only.

 B. All of the files originally distributed with the
    SOFTWARE by DEVELOPER must be included without
    modification. Other than installation routines, no
    other programs may be included with the SOFTWARE.

 C. You make every effort to distribute the current
    version of the SOFTWARE and may not distribute the
    SOFTWARE for more than eight (8) US dollars.

 D. You must include on the distribution media and any
    packaging and documentation the following: the word
    "SHAREWARE" and your name, address and phone number.

5. DISCLAIMER OF WARRANTY

THIS SOFTWARE IS PROVIDED "AS-IS".  DEVELOPER MAKES NO
EXPRESS OR IMPLIED WARRANTIES OF ANY KIND CONCERNING THE
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THIS
SOFTWARE.  IT IS THE SOLE RESPONSIBILITY OF THE USER TO
DETERMINE THE SUITABILITY OF THE SOFTWARE FOR ANY PURPOSE.
IN NO EVENT SHALL DEVELOPER OR ANYONE ELSE WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE
SOFTWARE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM THE
USE OF THE SOFTWARE, EVEN AFTER NOTICE OF THE POSSIBILITY
OF SUCH DAMAGES.  ADDITIONAL STATEMENTS SUCH AS VENDOR
ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO
NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON.

6. MISCELLANEOUS PROVISIONS

 A. This Agreement constitutes the entire understanding and
    agreement between you and DEVELOPER and supersedes
    any and all prior or contemporaneous oral or written
    communications with respect to the subject matter
    hereof, all of which are merged herein.

 B. In the event that any provision hereof is found invalid
    or unenforceable pursuant to judicial decree or
    decision, the remainder of the Agreement shall remain
    valid and enforceable according to its term. If any
    provision is determined to be unenforceable, you agree
    to a modification of such provision to provide for
    enforcement of the provision's intent, to the extent
    permitted by applicable law. Without limiting the
    foregoing, it is expressly understood and agreed that
    each provision of this Agreement which provides for a
    limitation liability, disclaimer of warranties or
    exclusion of damages shall be severable and independent
    of any other such provision and enforceable as such.
    Further, it is expressly understood and agreed that in
    the event any remedy hereunder is determined to have
    failed in its essential purpose, all limitations of
    liability and exclusions of damages set forth herein
    shall remain in effect.

 C. Failure of a party to enforce any provision of this
    Agreement shall not constitute or be construed as a
    waiver of such provision or of the right to enforce
    such provision.

 D. TERM: If you fail to comply with any of the terms of
    this Agreement, your license shall be immediately and
    automatically terminated. Further, this license may
    be terminated by DEVELOPER by giving a thirty (30)
    day advance written notice. Upon termination, you must
    discontinue use or distribution of the SOFTWARE and
    return the SOFTWARE to DEVELOPER.

 E. CURRENT VERSION: All previous versions of the SOFTWARE
    have been withdrawn from shareware. This version of the
    SOFTWARE replaces any previous version.

 F. With respect to every matter arising under this, you
    consent to the exclusive jurisdiction and venue of the
    state and federal courts sitting in the immediate locale
    of DEVELOPER and to service by certified mail, return
    receipt requested, or as otherwise permitted by law.

9610                                     email: [e-mail]
aph