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LICENSE.DO_
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1993-11-18
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Config/Autoexec Manager Gold 3.0 License
L I C E N S E A G R E E M E N T
This legal document is an agreement between you, the end user,
and Scott Miller. BY OPENING THIS SEALED DISK
PACKAGE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS
AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE, SOFTWARE
DISCLAIMER OF WARRANTY, AND HARDWARE LIMITED WARRANTY
(collectively the "Agreement"). THIS AGREEMENT CONSTITUTES THE
COMPLETE AGREEMENT BETWEEN YOU AND SCOTT MILLER. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE DISK PACKAGE.
PROMPTLY RETURN THE UNOPENED DISK PACKAGE AND THE OTHER ITEMS
(INCLUDING WRITTEN MATERIALS, BINDERS, OR OTHER CONTAINERS, AND
HARDWARE, IF ANY) THAT ARE A PART OF THIS PRODUCT TO THE PLACE WHERE
YOU OBTAINED THEM FOR A FULL REFUND.
SOFTWARE LICENSE
1. GRANT OF LICENSE - In consideration of payment of the LICENSE
fee, for which is part of the price you paid for this product,
Scott Miller, as LICENSOR, grants to you, the LICENSEE, a
nonexclusive right to use and display this copy of a Scott Miller
software program (hereinafter the "SOFTWARE") on a single COMPUTER
(i.e. with a single CPU) at a single location. If the single
computer on which you use the SOFTWARE is a multiuser system, the
License covers all users on that single system. Scott Miller
reserves all rights not expressly granted to LICENSEE.
2. OWNERSHIP OF SOFTWARE - As the LICENSEE, you own the magnetic
or other physical media on which the SOFTWARE is originally or
subsequently recorded or fixed, but Scott Miller retains title
and ownership of the SOFTWARE recorded on the original disk
copy(ies) and all subsequent copies of the SOFTWARE, regardless
of the form or media in or on which the original and other copies
may exist. This License is not a sale or the original SOFTWARE
or any copy.
3. COPY RESTRICTIONS - This SOFTWARE and the accompanying written
materials are copyrighted. Unauthorized copying of the
SOFTWARE, including SOFTWARE that has been modified, merged,
or included with other software, or of the written materials
is expressly forbidden. You may be held legally responsible
for any copyright infringement that is caused or encouraged by
your failure to abide by the terms of this License. Subject
to these restrictions, and if the SOFTWARE is not copy-
protected, you may make one (1) copy of the SOFTWARE solely
for backup purposes. You must reproduce and include the
copyright notice on the backup copy.
4. USE RESTRICTIONS - As the LICENSEE, you may physically
transfer the SOFTWARE from one computer to another provided
that the SOFTWARE is used on only one computer at a time. You
may not electronically transfer the SOFTWARE from one computer
to another over a network. You may not distribute registered
copies of the SOFTWARE or accompanying written materials to
others. You may not modify, adapt, translate, reverse
engineer, decompile, disassemble, or create derivative works
based on the written materials without the prior written
consent of Scott Miller.
5. TRANSFER RESTRICTIONS - This SOFTWARE is licensed only to you,
the LICENSEE, and may not be transferred to anyone without the
prior written consent of Scott Miller. Any authorized transferees
of the SOFTWARE shall be bound by the terms and conditions of this
Agreement. In no event may you transfer, assign, rent, lease,
sell, or otherwise dispose of the SOFTWARE on a temporary or
permanent basis except as expressly provided herein.
6. TERMINATION - This License is effective until terminated.
This License will terminate automatically without notice from
Scott Miller if you fail to comply with any provision of this
License. Upon termination you shall destroy the written materials
and all copies of the SOFTWARE, including modified copies, if any.
7, UPDATE POLICY - Scott Miller may create, from time to time,
updated versions of the SOFTWARE. At its option, Scott Miller
will make such updates available to the LICENSEE and transferee
who have paid the update fee, if any, and returned the registration
form to Scott Miller.
8. MISCELLANEOUS - This Agreement is governed by the laws of the
State of Tennessee.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING
INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. FURTHER, SCOTT MILLER DOES NOT WARRANT, GUARANTEE, OR
MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE
USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK
AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.
IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT SCOTT
MILLER OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Scott Miller warrants to the original LICENSEE that (a) the disk(s)
on which the SOFTWARE is recorded is free from defects in materials
and workmanship under normal use and service for a period of ninety
(90) days from the date of delivery as evidenced by a copy of the
receipt and (b) the hardware accompanying the SOFTWARE is free from
defects in materials and workmanship under normal use and service for
a period of one (1) year from the date of delivery as evidenced by a
copy of the receipt. Further, Scott Miller hereby limits the duration
of any implied warranty(ies) on the disk or such hardware to the
respective periods stated above. Some states do not allow limitations
on duration of an implied warranty, so the above limitation may not
apply to you.
Scott Miller's entire liability and your exclusive remedy as to the
disk(s) or hardware shall be, at Scott Miller's option, either
(a) return of the purchased price or (b) replacement of the disk or
hardware that does not meet Scott Miller's Limited Warranty and which
is returned to Scott Miller with a copy of the receipt. If failure
of the disk or hardware has resulted from accident, abuse, or
misapplication, Scott Miller shall have no responsibility to replace
the disk or hardware or refund the purchase price. Any
replacement disk or hardware will be warranted for the remainder
of the original warranty period or thirty (30) days, whichever is
longer.
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE
MADE BY MILLER PROGRAMMING & CONSULTING ON THIS MILLER
PROGRAMMING & CONSULTING PRODUCT. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY SCOTT MILLER, ITS DEALERS, DISTRIBUTORS, AGENTS,
OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION
OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
NEITHER SCOTT MILLER NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE SUCH PRODUCT EVEN IF SCOTT MILLER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Disclaimer of Warranty and Limited Warranty is governed by
the laws of the State of Tennessee.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation is provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subdivision (b) (3) (ii)
of The Rights in Technical Data and Computer Software clause at
252.627-7013. Contractor/manufacturer is Scott Miller/
772 Airways Drive/Nashville, Tennessee 37214.
Should you have any questions concerning this Agreement, or if
you desire to contact Scott Miller for any
reason, please contact in writing:
Scott Miller
772 Airways Drive
Nashville, Tennessee 37214