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PERSONAL CALENDAR (PC) FOR DOS Version 14.41
FILE LICENSE.DOC 10 Mar 1992
Trial-Use and Limited Distribution License
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Personal or Site Software License
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Copyright 1985-1992 by Paul Munoz-Colman. All rights reserved.
┌─────────┐
┌─────┴───┐ │ (R)
──│ │o │──────────────────
│ ┌─────┴╨──┐ │ Association of
│ │ │─┘ Shareware
└───│ o │ Professionals
──────│ ║ │────────────────────
└────╨────┘ MEMBER
╔═════════════════════════════════════════════════════════════════════════════╗
║ Paul Muñoz-Colman │ TECHNICAL SUPPORT: │ CREDIT CARD ORDERS: ║
║ FunStuff Software │ Voice 703-435-1110 │ Voice 800-242-4775 ║
║ 11645 Charter Oak Court │ 703-693-5227 │ FAX 713-524-6398 ║
║ Suite 201 │ FAX 703-435-3130 │ CompuServe 71355,470 ║
║ Reston, VA 22090-4526 USA │ CompuServe 71141,1224 │ or !GO SE (the MALL) ║
╚═════════════════════════════════════════════════════════════════════════════╝
This file, LICENSE.DOC, contains software licenses for both the evaluation
(trial) and registered (licensed) uses of Personal Calendar. These licenses
apply to both individual users and sites (corporations or organizations) who
wish to distribute copies to others. For additional usage information, see the
README.DOC file contained in the archive, and the Help Text.
SHAREWARE EVALUATION INFORMATION.
A TRIAL USE LICENSE appears below, with the terms for use of
Personal Calendar during the 30-day evaluation period.
A LIMITED DISTRIBUTION LICENSE also appears, which governs
reproduction and distribution of Personal Calendar in its Shareware
form.
REGISTERED USER INFORMATION.
At the end of this file, the PERSONAL OR SITE SOFTWARE LICENSE applies
to all registered (licensed) users of Personal Calendar.
If you wish a signed copy of the license, file it out and send it to me with
your order. If you don't want a signed copy of the license, you are still
bound by its terms and conditions.
┌──────────────────────────────────────────────────────────────────────────┐
│ PLEASE! Show your support for shareware by registering the programs │
│ you actually use! My ability to enhance Personal Calendar depends │
│ upon and needs your support! Thank you! │
└──────────────────────────────────────────────────────────────────────────┘
===============================================================================
TO DISTRIBUTE OR TO EVALUATE THE SHAREWARE VERSION OF PERSONAL CALENDAR
ON A TRIAL BASIS, SEE THE TRIAL USE AND LIMITED DISTRIBUTION LICENSE
FOLLOWING THIS PAGE.
===============================================================================
PERSONAL CALENDAR
TRIAL USE AND LIMITED DISTRIBUTION LICENSE
1.0 COPYRIGHT. Personal Calendar is NOT a public domain program. It is
Copyright 1985-1992 by Paul Munoz-Colman. This SOFTWARE and documentation are
protected by United States Copyright law and by International Treaty
provisions. Evaluation and distribution of this SOFTWARE must comply with
Copyright law and the terms of this TRIAL USE AND LIMITED DISTRIBUTION LICENSE.
2.0 TRIAL USE. I (LICENSOR) hereby grant you (LICENSEE) a limited LICENSE to
use this SOFTWARE and its documentation for evaluation purposes for a period
not to exceed thirty (30) days. If you use this SOFTWARE and documentation
after this period, you are required to make a registration payment to me.
2.1 TIME LIMIT ON TRIAL USE. Using this SOFTWARE and documentation after
the 30 day evaluation period, without registering the SOFTWARE, is a violation
of the terms of this limited LICENSE, and a violation of copyright.
2.2 OTHER LIMITATIONS ON TRIAL USE. LICENSEE shall not use, copy, rent,
lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or
transfer the licensed SOFTWARE except as provided in this AGREEMENT. Any
unauthorized use shall result in immediate and automatic termination of this
LICENSE.
3.0 LIMITED DISTRIBUTION. As the copyright holder for Personal Calendar, I
authorize individuals, BBS SysOps, User Groups and ASP Disk Vendors to
distribute the Personal Calendar executable program according to the following
restrictions. I DO NOT authorize anyone to distribute the source code to
Personal Calendar, which is not available.
Vendors and Distributors who are not members of the ASP, and who sell shareware
evaluation copies for profit, must refer to the VENDOR.DOC file for procedures
to obtain distribution permission.
3.1 INDIVIDUAL EVALUATION. Individuals may copy Personal Calendar for
their own evaluation purposes, or for other individuals to evaluate, subject to
the following conditions.
3.2 PRODUCT DEFINITION AND INTEGRITY. Personal Calendar is defined as
containing EXACTLY the material listed in the PACKING.LST file, and must be
distributed as a complete package, without modification of any kind. If any
listed files including the PACKING.LST file itself are missing or extra, then
the package is defective and distribution is forbidden--please contact me to
obtain a complete package suitable for distribution.
3.3 DISTRIBUTION COST LIMIT. No price or other compensation may be
charged for Personal Calendar. A distribution cost may be charged for the cost
of the diskette, shipping and handling, as long as the total (per disk) does
not exceed US $8.00 in the United States and Canada, or US $12.00
internationally. A nominal distribution fee (for example: reimbursement for
connect and communication charges), may be charged by for-pay BBS systems such
as CompuServe.
3.4 PRODUCT PRESENTATION. Personal Calendar CANNOT be sold as part of
some other inclusive package, nor can it be included in any commercial
SOFTWARE packaging offer, without a written AGREEMENT from me. Personal
Calendar cannot be "rented" or "leased" to others.
3.5 USER AWARENESS OF RESPONSIBILITY. Anyone to whom you give a copy of
Personal Calendar MUST be made aware of: (1) each disk or copy is ONLY for
evaluation, and (2) he or she does not become a registered (licensed) user
until I receive payment for the SOFTWARE. These requirements can be met by
distributing the complete Personal Calendar package precisely as defined by
file PACKING.LST.
3.6 CURRENT VERSION OF PRODUCT. I prohibit the distribution of outdated
versions of the Personal Calendar package. If the version you have is older
than twelve (12) months old, please contact me to ensure you have the most
current version. This version's date and number are shown at the top of this
file.
3.7 U.S. GOVERNMENT INFORMATION: Use, duplication, or disclosure by the
U.S. Government of the computer SOFTWARE and documentation in this package
shall be subject to the restricted rights applicable to commercial computer
SOFTWARE as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data
and Computer Software clause at 252.227-7013 (DFARS 52.227-7013). The
contractor/manufacturer is:
Paul Munoz-Colman
President, FunStuff Software
11645 Charter Oak Court, #201
Reston, VA 22090-4526 USA
4.0 All rights not expressly granted herein are reserved to me.
===============================================================================
FOR SINGLE SYSTEM AND SITE LICENSE REGISTERED USERS:
WHEN YOU REGISTER PERSONAL CALENDAR, YOU ARE BOUND BY THE TERMS AND
CONDITIONS OF THE PERSONAL OR SITE LICENSE AGREEMENT ON THE FOLLOWING
PAGES.
IF YOU WOULD LIKE A SIGNED COPY OF THE AGREEMENT, FILL OUT THE
AGREEMENT AND SEND IT TO ME, AND I WILL SIGN IT AND RETURN IT TO YOU
FOR YOUR FILES.
===============================================================================
PERSONAL CALENDAR Version 14.41
PERSONAL OR SITE SOFTWARE LICENSE AGREEMENT
This AGREEMENT is entered into this _____ day of _______, _____, by and between
Paul Munoz-Colman, an individual, 11645 Charter Oak Ct., #201, Reston VA 22090
USA, hereinafter referred to as LICENSOR, and ________________________________,
located at ___________________________________________________________________
hereinafter referred to as LICENSEE. LICENSOR and LICENSEE agree to:
1.0 LICENSE TO USE LICENSOR'S PROGRAM
1.1 LICENSE GRANT. LICENSOR, for the PAYMENT named, hereby grants to
LICENSEE a non-exclusive LICENSE to use the proprietary computer program called
Personal Calendar ("SOFTWARE").
"Use" means copying of any portion of the licensed object code program from a
storage unit or media into the designated equipment, execution of the licensed
SOFTWARE on the equipment, and archiving the SOFTWARE for backup purposes.
Source code is not included in this LICENSE.
1.2 PAYMENT. For the (personal)(site) LICENSE to use this SOFTWARE,
\ circle one /
LICENSEE shall pay LICENSOR a one-time fee of ________________________________
US Dollars ($__________). (fee in words)
(fee in numbers)
1.3a FOR PERSONAL LICENSE ONLY. LICENSOR grants to LICENSEE the right to
use and cause the SOFTWARE to be active on no more than one computer system at
a time.
1.3b FOR SITE LICENSE ONLY. LICENSOR grants to LICENSEE the
nontransferable, nonexclusive right to use and distribute _______ copies of the
SOFTWARE internal to the LICENSEE's organization.
1.3b.1 SITE DISTRIBUTION. LICENSOR will deliver one copy of the
licensed SOFTWARE to LICENSEE, unless LICENSEE requests separately-serialized
diskettes, then LICENSOR will deliver the requested number of copies. If
LICENSEE requests a single master diskette, LICENSEE may make additional copies
of the program, up to the number of copies licensed herein, provided each copy
of the program contains Personal Calendar's copyright notice, the copy number,
the CALSER.DAT file and any proprietary legends (including those under the
Federal Acquisition Regulations (FAR) if any), contained on the delivered copy.
1.3b.2 COUNT OF SITE COPIES. Each copy of the licensed SOFTWARE
provided under this LICENSE may be used on only one computer at any one time.
If Personal Calendar is made available on a Local Area Network (LAN) or Wide
Area Network (WAN) system, each terminal user configured on the LAN or WAN is
automatically considered to be using a distinct copy of the licensed SOFTWARE,
whether or not it is active on a given terminal.
1.4 BRANDING OF REGISTERED COPIES. LICENSOR shall supply the latest
version of the SOFTWARE to LICENSEE which includes a customized especially
encoded registration validation data file CALSER.DAT. This file, when present
in the directory in which the CAL.EXE program resides, shall cause the SOFTWARE
to operate in the registered mode and to display the statement "Registered
to:" LICENSEE's name as declared on the ORDER FORM, the serial number of the
program and, for site licenses, the total number of copies.
1.5 REPRODUCTION RIGHTS. This right to copy and reproduce extends to any
material and documentation supplied by LICENSOR and related to the SOFTWARE.
LICENSEE shall not use, copy, rent, lease, sell, modify, decompile,
disassemble, otherwise reverse engineer, or transfer the licensed SOFTWARE
except as provided in this AGREEMENT. Any such unauthorized use shall result
in immediate and automatic termination of this LICENSE.
2.0 TITLE TO SOFTWARE, CONFIDENTIALITY, AND PROPRIETARY RIGHTS
2.1 TITLE. Title and copyright to the SOFTWARE, associated trademarks,
and all related material is with LICENSOR. The SOFTWARE program is licensed,
not sold. Nothing in this AGREEMENT shall be construed as conveying title in
the SOFTWARE to LICENSEE.
2.2 REGISTRATION VALIDATION FILE. LICENSEE agrees during the term of
this LICENSE, and thereafter, to hold all copies of the licensed registration
validation data file CALSER.DAT in strict confidence and to not permit any
person or entity to obtain access to it except as required for LICENSEE's own
internal use hereunder. LICENSEE shall inform LICENSOR promptly and in writing
of any actual or suspected unauthorized use or disclosure of the CALSER.DAT
file.
2.3 The obligations under this paragraph shall survive the termination or
rescission of this AGREEMENT.
3.0 TERMS OF AGREEMENT, TERMINATION, AND DISPOSITION OF SOFTWARE
3.1 TERM. This LICENSE is effective until terminated, including as
otherwise provided in this AGREEMENT.
3.2 TERMINATION BY LICENSOR. LICENSOR may terminate this AGREEMENT on
ten (10) days written notice to LICENSEE if LICENSEE fails to comply with the
terms and conditions herein, and LICENSEE fails to cure such failure within
fifteen (15) days after notice of such failure by LICENSOR.
3.3 TERMINATION BY LICENSEE. LICENSEE may terminate this AGREEMENT at
any time by destroying all copies, backups, and archives of the SOFTWARE,
including the CALSER.DAT file, and notifying LICENSOR in writing within five
(5) days. On termination, LICENSEE shall return a written verification that
the destruction of materials has occurred.
4.0 WARRANTY
4.1 LIMITED WARRANTY. LICENSOR warrants for a period of ninety (90) days
from the date of delivery of the licensed SOFTWARE, the program, if unmodified
by the LICENSEE, will perform in substantial conformity with the user
documentation. LICENSOR does not warrant that the licensed SOFTWARE is free
from coding errors. Any program problems reported to LICENSOR during the
warranty period and determined by LICENSOR to be actual coding errors will be
corrected by LICENSOR within a reasonable time. Any modifications to the
licensed SOFTWARE shall thereafter be licensed AS IS.
4.2 EXCLUSION FOR MISUSE. The above warranty does not apply to the
extent that any failure of the licensed SOFTWARE to perform as warranted is
caused by the licensed SOFTWARE being (1) not used in accordance with the user
documentation, or (2) modified by any person other than LICENSOR.
4.3 OTHER EXCLUSION. LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
5.0 LIMITATION OF LIABILITY
5.1 LIMITATION. The total liability of LICENSOR or its suppliers for any
claim or damage arising out of the use of the licensed SOFTWARE or otherwise
related to this LICENSE shall be limited to direct damages which shall not
exceed the LICENSE fee which have been paid by LICENSEE to LICENSOR for the
specific client activity which is the subject of such claim or damage.
5.2 OTHER LIABILITY. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE
FOR ADDITIONAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE THE LICENSED PROGRAM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6.0 GENERAL TERMS
6.1 ASSIGNMENT OR TRANSFER. Neither this AGREEMENT nor any rights or
obligations hereunder shall be assigned or otherwise transferred by LICENSEE
without prior written consent of LICENSOR, which consent will not be
unreasonably withheld. LICENSOR may assign this AGREEMENT entirely in its
discretion upon the express written assumption of the obligations hereunder by
the assignee.
This AGREEMENT shall be binding on and shall inure to the benefit of the heirs,
executors, administrators, successors and assigns of the parties hereto, but
nothing in this paragraph shall be construed as a consent to any assignment of
this AGREEMENT by either party except as provided hereinabove.
6.2 LAWS GOVERNING. Regardless of the place of contracting, place of
performance, or otherwise, this Contract, and all amendments, modifications,
alterations, or supplements thereto, shall be governed by the laws of the
Commonwealth of Virginia, as to the nature, validity, and interpretation
thereof. No suit for enforcement of or for a declaration of rights between the
parties to this AGREEMENT shall be commenced in any court other than the
General District or Circuit Court of Fairfax County, Virginia, or in the United
States District Court for the Commonwealth of Virginia.
6.3 ARBITRATION. Any controversy or claim arising out of or relating to
this AGREEMENT or the breach thereof shall be settled by arbitration in
accordance with the commercial rules of the American Arbitration Association,
using an arbitrator with knowledge of computers and software, and judgment upon
the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. No arbitration or other action arising out of any
claimed breach of this AGREEMENT or transactions under this AGREEMENT may be
demanded by either party more than one year after the cause of action accrued.
The prevailing party in any such action related to or arising under this
AGREEMENT shall be entitled to reasonable attorneys' fees. This provision
shall not apply to any action or proceeding for injunctive relief.
6.4 ENFORCEABILITY. If any terms or provisions of this AGREEMENT shall
be found to be illegal or unenforceable then, notwithstanding, this AGREEMENT
shall remain in full force and effect and such term or provision shall be
deemed stricken.
6.5 AMENDMENT, WAIVER, BREACH. No amendment of this AGREEMENT shall be
effective unless it is in writing and signed by duly authorized representatives
or both parties. No term or provision hereof shall be deemed waived and no
breach excused unless such waiver or consent shall be in writing and signed by
the party claimed to have waived or consented. Any consent by any party to or
waiver of a breach by the other, whether express or implied, shall not
constitute a consent to, waiver of or excuse for any other, different or
subsequent breach. This AGREEMENT and its exhibits contain the entire
AGREEMENT between the parties hereto, superseding all previous AGREEMENTs,
representations, understandings and negotiations.
6.6 PAYMENT. Timely payment is of the essence of this AGREEMENT.
6.7 EXECUTION. This AGREEMENT may be signed in counterparts.
IN WITNESS WHEREOF the parties hereto have caused this AGREEMENT to be
duly executed on their behalf as of the day and year first written in the
preamble of this AGREEMENT in two counterparts, each one of which bearing
original signatures shall for all purposes be deemed an original.
Paul Munoz-Colman, individual Accepted by:
SS No. 215-46-1789
Sign _______________________________ Sign _________________________________
(LICENSOR) (LICENSEE)
Print _________________________________
Title: Author and Owner Title _________________________________
Date _______________________________ Date _________________________________
END OF FILE LICENSE.DOC