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license.txt
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1998-05-19
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OLECTRA BINARY LICENSE AGREEMENT
Important - Read Carefully Before Opening Software Package(s)
By opening the sealed software package, or installing, or using this product,
you indicate your acceptance of the following Olectra Binary License Agreement.
This is a legal agreement between you (either an individual or an entity) and
KL Group Inc. If you do not accept and agree with all of the terms of this
agreement, promptly return the unopened software package and all other materials
with proof of payment to your place of purchase, and your license fee will be
refunded.
SOFTWARE LICENSE
1) Grant of License. This License Agreement ("License") permits you to use
one copy of the software contained in the sealed software package and
documented in this manual, which may include electronic documentation,
(the "SOFTWARE") on a single computer. If you have purchased a volume
"right to copy" license, then you may copy and use the SOFTWARE on the
permitted number of computers (e.g. A "right to copy 10" license allows
you to use the software on up to 10 computers.). The SOFTWARE is in
"use" on a computer when it is loaded into temporary memory (i.e. RAM)
or installed into permanent memory (e.g. hard disk, CD-ROM, or other
storage device) of that computer, except that a copy installed on a
network server for the sole purpose of distribution to other computers
is not "in use".
2) Upgrades. If the SOFTWARE is an upgrade you may use or transfer the
SOFTWARE only in conjunction with the prior version(s) of the SOFTWARE.
3) Copyright. The SOFTWARE (including any images, photographs and text
incorporated into the SOFTWARE) is owned by KL Group or its suppliers
and is protected by Canadian, United States and other countries'
copyright laws and international treaty provisions. Therefore you must
treat the SOFTWARE like any other copyrighted material (e.g., a book or
musical recording) and not reproduce it except that you either (a) make
one copy of the SOFTWARE solely for backup or archival purposes, or
(b) transfer the SOFTWARE to a single hard disk provided you keep the
original solely for backup or archival purposes. You may not copy the
printed materials accompanying the SOFTWARE.
4) Other Restrictions. You may not rent or lease the SOFTWARE, but you
may transfer the SOFTWARE and accompanying written materials on a
permanent basis provided you retain no copies and the recipient
agrees to the terms of this License Agreement. If the SOFTWARE is
an upgrade, any transfer must include the most recent upgrade and
all prior versions. You may not reverse engineer, decompile,
disassemble, or translate the SOFTWARE, except to the extent such
foregoing restriction is expressly prohibited by applicable law.
5) Dual-media Software. You may receive the SOFTWARE in more than one
medium. Regardless of the type or size of medium you receive, you may
use only the medium appropriate for your single-user computer. You may
not use the other medium on another computer or loan, rent, lease, or
transfer the disks to another user except as part of the permanent
transfer (as provided above) of all SOFTWARE and printed materials, nor
print copies of any user documentation provided in "online" or
electronic form.
6) Distribution of applications you build with the SOFTWARE. You have a
royalty-free right to reproduce and distribute the run-time modules of
the SOFTWARE provided that you: (a) distribute the run-time modules
only in conjunction with and as a part of your software product;
(b) your software product is an end-user application, not a development
tool; (c) do not use KL Group's name, logo or trademark to market your
software product; (d) include a valid copyright notice on your software
product; and (e) agree to indemnify, hold harmless, and defend KL Group
and its suppliers from and against any claims or lawsuits, including
attorney's fees, that arise or result from the use or distribution of
your software product. The "run-time modules" are those files in the
SOFTWARE that are identified in the accompanying printed materials as
required during execution of your software program.
LIMITED WARRANTY
Limited Warranty. KL Group warrants that the SOFTWARE will perform substantially
in accordance with the accompanying written materials for a period of ninety (90)
days from the date of receipt. Some states/jurisdictions do not allow
limitations on duration of an implied warranty, so the above limitation may not
apply to you. This warranty may not be assigned.
Customer Remedies. KL Group's and its suppliers' entire liability and your
exclusive remedy shall be, at KL Group's option, either (a) return of the price
paid, or (b) repair or replacement of the SOFTWARE that does not meet KL Group's
Limited Warranty and which is returned to KL Group with a copy of your receipt.
This Limited Warranty is void if failure of the SOFTWARE has resulted from
accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted
for the remainder of the original warranty period or thirty (30) days, whichever
is longer.
No Other Warranties. To the maximum extent permitted by applicable law, KL Group
and its suppliers disclaim all other warranties, either express or implied,
including, but not limited to, implied warranties of merchantability and fitness
for a particular purpose, with regard to the SOFTWARE and the accompanying
printed materials. This limited warranty gives you specific legal rights. You
may have others which vary from state/jurisdiction to state/jurisdiction.
No Liability for Consequential Damages. To the maximum extent permitted by
applicable laws, in no event shall KL Group or its suppliers be liable for any
damages whatsoever (including without limitation, damages for loss of business
profits, business interruption, loss of information, or other pecuniary loss)
arising out of the use of or inability to use this KL Group product, even if
KL Group has been advised of the possibility of such damages. Because some
states/jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the U.S. 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 or subparagraphs (c)(1) and (2)
of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is KL Group Inc., 260 King Street East, Toronto,
Ontario Canada, M5A 1K3.
This Agreement is governed by the laws of the Province of Ontario, Canada.
Each of the parties hereto irrevocably attorns to the jurisdiction of the courts
of the Province of Ontario.
Should you have questions concerning this Agreement, or if you desire to contact
KL Group for any reason, please write:
KL Group Inc.
260 King Street East
Toronto, Ontario
Canada, M5A 1K3
Phone (416) 594-1026
Fax (416) 594-1919
BINLIC-W-06/96