Black Box 4/BlackBox.cdr/lan/dswin3.arj/LICENSE.TXT

Text File | 1990-05-22 | 6KB | 114 lines

               NOVELL NETWARE DOS CLIENT KIT v.3.x LICENSE
                               Important

DEFINITIONS.

   "Novell" means Novell, Inc., a Delaware corporation, 122 East
   1700 South, Provo, Utah  84606.
   "You and Your" means the person or business entity who acquires
   this License to use this Software or for whom such License was
   acquired.
   "Software" collectively means all the software contemporaneously
   distributed by Novell as the NetWare DOS Client Kit v.3.x.
   "Documentation" means the manual(s) and any other printed
   material provided by Novell (if any) with the Software.

LICENSE AND PROTECTION.

   License Grant.  Novell grants to You, subject to the following
   terms and conditions, a nonexclusive, nontransferable right to
   use the Software (in object code form only), and as a means of
   promoting the Software the nonexeclusive right to reproduce,
   distribute and use copies of the Software, provided you (1)
   include a copy of this Software License Agreement on each copy
   of media to which a supplemental driver is copied (this Software
   License Agreement is contained in the "LICENSE.TXT" file
   accompanying the Software), (2) do not receive any payment,
   commercial benefit, other consideration for such reproduction or
   distribution, or (3) modify the Software, this license agreement
   or any copyright notices appearing on or in the Software.  All
   rights not specifically granted to You are retained by Novell
   and/or its Licensors.
   Protection of Software.  You agree to take all reasonable steps
   to protect the Software and Documentation from unauthorized
   copying or use.  The Software source code represents and
   embodies trade secrets of Novell and/or its licensors.  The
   source code and embodied trade secrets are not licensed to You
   and any modification, addition, or deletion is strictly
   prohibited.  You agree not to disassemble, decompile, or
   otherwise reverse engineer the Software in order to discover the
   source code and/or the trade secrets contained in the source
   code.
   Ownership.  Ownership of, and title to, the Software and
   Documentation (including any adaptations or copies) shall be
   held by Novell and/or its licensors.  Copies are provided to You
   only to allow You to exercise your rights under the License.
   Only the License is purchased by You.
   Term.  This Agreement is effective from the date you obtain a
   copy of the Software and will remain in force until terminated.
   You may terminate this License at any time by destroying the
   Documentation and the Software together with all copies.  This
   Agreement shall also automatically terminate if You breach any
   of the terms or conditions of this Agreement.

LIMITED WARRANTY AND LIMITED LIABILITY.

   WITHOUT WARRANTY.  THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT
   WARRANTY.

   DISCLAIMER OF WARRANTIES.  NOVELL MAKES NO WARRANTY,
   REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS
   AGREEMENT.  NOVELL DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED
   WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A
   PARTICULAR PURPOSE.  NOVELL DOES NOT WARRANT THAT THE SOFTWARE
   OR DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT THE
   SOFTWARE AND DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT
   THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED.  Some
   states do not allow limitations on how long an implied warranty
   lasts, so the above limitation may not apply to You.  This
   warranty gives you specific legal rights which vary from state
   to state.  Some states do not allow the exclusion or limitation
   of incidental or consequential damages, so the above limitation
   or exclusion may not apply to You.

GENERAL CONDITIONS.

   Governing Law.  This Agreement shall be governed by, and
   interpreted in accordance with, the laws of the State of Utah of
   the United States of America.
   Entire Agreement.  This Agreement sets forth the entire
   understanding and agreement between You and Novell and may be
   amended only in a writing signed by both parties.  NO VENDOR,
   DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS
   AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY,
   REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN
   ADDITION TO, THE REPRESENTATIONS OR PROMISES OF THIS AGREEMENT
   ABOUT THE SOFTWARE.
   Waiver.  No waiver of any right under this Agreement shall be
   effective unless in writing, signed by a duly authorized
   representative of Novell.  No waiver of any past or present
   right arising from any breach or failure to perform shall be
   deemed to be a waiver of any future right arising under this
   Agreement.
   Severability.  If any provision in this Agreement is invalid or
   unenforceable, that provision shall be construed, limited,
   modified or, if necessary, severed, to the extent necessary, to
   eliminate its invalidity or unenforceability, and the other
   provisions shall be interpreted to give effect to severed
   provisions.
   Export.  You agree that You will not knowingly, directly or
   indirectly, without prior written consent, if required, of the
   Office of Export Licensing of the U.S. Department of Commerce,
   Washington D.C. 20230, export or transmit the Software to
   Afghanistan, the Peoples Republic of China, or to any group Q,
   S, W, Y, or Z country specified in the Export Administration
   Regulations issued by the U.S. Department of Commerce or to any
   country to which such transmission is restricted by applicable
   regulations or statutes.
   U.S. Government Restricted Rights.  Use, duplication, or
   disclosure by the United States Government is subject to
   restrictions as set forth in FAR  52.227-14 (June 1987)
   Alternate III(g)(3) (June 1987), FAR  52.227-19 (June 1987), or
   DFARS  52.227-7013 (c)(1)(ii) (June 1988), as applicable.
   Contractor/Manufacturer is Novell Inc., 122 East 1700 South,
   Provo, Utah 84606.