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eula.txt
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1998-01-02
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6KB
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117 lines
DO NOT USE THIS PRODUCT UNTIL LICENSEE CAREFULLY
READ THE FOLLOWING TERMS AND CONDITIONS. USING
THIS PRODUCT INDICATES THAT THE SINGLE END-USER OF
THE ENCLOSED SOFTWARE (THE "LICENSEE") ACCEPTS THESE
TERMS AND CONDITIONS.
ENTIRE AGREEMENT
Licensee acknowledges that Licensee has read this agreement
and understands this agreement (the "Agreement") is the final,
complete and exclusive statement of the entire agreement between
Janus Systems SA de CV ("Janus Systems") and Licensee. This Agreement
supersedes any prior and contemporaneous proposals, purchase
orders, advertisements, and all other communications in relation
to the subject matter of this agreement, whether oral or written.
No terms or conditions, other than those contained in this
Agreement, and no other understanding or agreement which in any
way modifies these terms and conditions, shall be binding upon
JANUS SYSTEMS unless made by a written agreement, executed by duly
authorized representatives of both JANUS SYSTEMS and Licensee.
LICENSED SOFTWARE AND DOCUMENTATION LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
I. JANUS SYSTEMS hereby grants Licensee a non-exclusive, non-transferable
license to use the installed computer software (the "Licensed
Software") and the associated documentation (the "Documentation")
for a period of thirty (30) days after installation (the
"Licensing Period"), subject to the limitations set forth in
this Agreement (the "License"). Licensee may use the Licensed
Software only on one central processing unit with one input
terminal (the "Central Processing Unit") . All right, title and
interest to the Licensed Software and the Documentation are, and
shall remain, in JANUS SYSTEMS or JANUS SYSTEMS licensors, as the case may be.
Licensee have no right of access to the source code of the
Licensed Software. Licensee is not entitled to updates or
upgrades of the Licensed Software or Documentation.
II. Licensee may not alter, assign, create derivative works,
decompile, disassemble, distribute, lease, modify, reverse
engineer, sublicense, transfer or translate in any way the
Licensed Software or Documentation.
III.Licensee MAY NOT COPY OR REDISTRIBUTE the Licensed
Software or Documentation. After the Licensing Period, Licensee
shall delete the Licensed Software and the Documentation from the
Central Processing Unit.
IV. Licensee may create application software using the Licensed
Software, including the trade secrets and confidential information
of JANUS SYSTEMS, provided the application software created shall reside
only on the Central Processing Unit.
V. If either the Licensed Software or Documentation is used in any
way not expressly and specifically permitted by this License,
then the License shall immediately terminate. Upon the
termination of the License, Licensee shall thereafter make no
further use of the Licensed Software or Documentation, and
Licensee shall delete all licensed materials from the Central
Processing Unit.
WARRANTIES
NO WARRANTY ON LICENSED SOFTWARE OR DOCUMENTATION.
I. JANUS SYSTEMS licenses the Licensed Software and Documentation solely on
an "AS IS" basis without warranties of any kind, such as
warranties of merchantability or fitness for any particular
purpose. The entire risk of quality and performance is with
Licensee. The Software and Documentation are not represented to
be error-free. If either the Licensed Software, Documentation
or both prove to be defective, Licensee assumes the entire cost
of all servicing, correction or repair.
II. The foregoing warranty gives Licensee specific legal rights, and
Licensee may also have other rights which vary from state to
state. Some states do not allow the limitation or exclusion of
implied warranties, so the above limitations may not apply to
Licensee.
III.In no event shall JANUS SYSTEMS be liable for any other obligations or
liabilities including, but not limited to, liability for damages
(whether general or special, direct or indirect, consequential,
incidental, exemplary), or for any claim for the loss of profits,
business or information, or damage to good will even if JANUS SYSTEMS has
been advised of the possibility of such damages. In any event,
JANUS SYSTEMS maximum liability shall be limited to the amount of the
purchase price. Some states do not allow the limitation or
exclusion of incidental or consequential damages, so the above
limitations may not apply to Licensee.
RESTRICTED RIGHTS
The Licensed Software and Documentation have been developed
exclusively at private expense, and 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 Licensed Software clause at
DFARS 252.227-7013. JANUS SYSTEMS is the Contractor, and is located at
Prol. Corregidora Nte # 907-2, Queretaro, Qro, Mexico, (52-42) 20-77-77.
MISCELLANEOUS
This Agreement shall be considered severable, and if for any reason
any term or condition is determined to be invalid, illegal or
unenforceable under current or future law, such invalidity shall not
impair the operation of, or otherwise effect, the valid terms and
conditions of this Agreement, so long as the intent of this Agreement
is maintained.
This Agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Queretaro,Mexico.
The parties consent to the personal jurisdiction of the State of
Queretaro,Mexico and agree that any legal proceedings arising out
of this Agreement shall be conducted solely in such State.
No action, regardless of form, arising out of this Agreement may be
brought by either party more than one (1) year after a claim has
accrued.
Copyright ⌐ 1998, JANUS SYSTEMS SA DE CV. All rights reserved.