The Best of Windows 95.com 1996 September/WIN95_09964.iso/video/cu202w32.exe/DISK1/_SETUP.LIB/LICENSE.TXT

Text File | 1996-07-02 | 6KB | 106 lines

White Pine Software, Inc.
Electronic End User License Agreement

NOTICE TO USER:
THIS IS A CONTRACT.  BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT. THIS SOFTWARE IS ALSO AVAILABLE FOR 30
DAY EVALUATION (DEMO) AND IS SUBJECT TO AN EXPIRATION DATE OF NOVEMBER 31,
1996 WHEN USED AS A DEMO. FULLY LICENSED VERSIONS OF THIS SOFTWARE ARE
AVAILABLE FOR PURCHASE AND ARE NOT SUBJECT TO THE 30 DAY EVALUATION PERIOD
OR THE EXPIRATION DATE.

This White Pine Software, Inc. ("White Pine") End User License Agreement
accompanies a White Pine software product and related explanatory written
materials  ("Software").  The term "Software" shall also include any
upgrades, modified versions or updates of the Software licensed to you by
White Pine.  This copy of the Software is licensed to you as the end user.
Please read this Agreement carefully.

        *  TO ACCEPT THIS AGREEMENT, PRESS YES AND INSTALL.

        *  TO DECLINE THIS AGREEMENT, PRESS NO AND QUIT, AND
             YOU WILL NOT BE ABLE TO USE THE SOFTWARE.


1. White Pine  grants to you a non-exclusive, non-sublicensable, license to
use this Software in binary executable form.

YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM OR DOCUMENTATION, OR
ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

2. WHITE PINE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS
SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE
SOFTWARE, FOR ANY PURPOSE.  THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT
EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  THIS SOFTWARE IS
PROVIDED GRATUITOUSLY AND, ACCORDINGLY, WHITE PINE SHALL NOT BE LIABLE
UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE
SOFTWARE.  WHITE PINE WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT ISSUE
UPDATES TO THIS SOFTWARE.

3. While White Pine intends to distribute a commercial release of the
Software, White Pine reserves the right at any time not to release a
commercial release of the Software or, if released, to alter prices,
features, specifications, capabilities, functions, licensing terms,
release dates, general availability or other characteristics of the
commercial release.

4. Title, ownership rights, and intellectual property rights in and to
the Software shall remain in White Pine and/or its suppliers.  You agree
to abide by the copyright law and all other applicable laws of the
United States including, but not limited to, export control laws.  You
acknowledge that the Software in source code form remains a
confidential trade secret of White Pine and/or its suppliers and
therefore you agree not to modify the Software or attempt to decipher,
decompile, disassemble or reverse engineer the Software, except to the
extent applicable laws specifically prohibit such restriction.

5.  Copyright.  The Software is owned by White Pine and its suppliers, and
its structure, organization and code are the valuable trade secrets of
White Pine and its suppliers.  The Software is also protected by United
States Copyright Law and International Treaty provisions.  You agree not to
modify, adapt, translate, reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the Software.  You may use
trademarks only to identify printed output produced by the Software, in
accordance with accepted trademark practice, including identification of
trademark owner's name.  Such use of any trademark does not give you any
rights of ownership in that trademark.  Except as stated above, this
Agreement does not grant you any intellectual property rights in the
Software.

6. White Pine  may terminate this License at any time by delivering notice
to you and you may terminate this License at any time by destroying or
erasing your copy of the Software.  Upon termination of this License,
or in any event within thirty (30) days following White Pine's release of
a commercial version of the Software, you agree to destroy or erase the
Software.  In the event of termination, the following sections of this
License will survive: 2, 3, 4, 5 and 6.  This License is personal
to you and you agree not to assign your rights herein.  This License
shall be governed by and construed in accordance with the laws of the
State of New Hampshire and, as to matters affecting copyrights, trademarks
and patents, by U.S.  federal law.  This License sets forth the entire
agreement between you and White Pine.

7. WHITE PINE OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN
TORT, CONTRACT OR OTHERWISE, EVEN IF WHITE PINE HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE,
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO
YOU.

8. ACKNOWLEDGEMENT: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO
AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR
AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE
PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Should you have any questions concerning this Agreement, please contact in
writing White Pine Software, Inc., 40 Simon Street, Nashua, NH 03060-3043.