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- EVALUATION VERSION / SOFTWARE LICENSE AGREEMENT
- ACTUAL COPIES DISTRIBUTED
-
- THIS IS A LICENSE. IT GIVES YOU CERTAIN LIMITED RIGHTS TO USE THE
- SOFTWARE AND SOFTWARE COPIES. YOU DO NOT BECOME THE OWNER OF, AND
- EXECUTIVE SYSTEMS, INC. ("ESI") RETAINS TITLE TO, ALL OF THE SOFTWARE
- AND SOFTWARE COPIES. ALL RIGHTS NOT SPECIFICALLY GRANTED IN THIS
- LICENSE AGREEMENT ARE EXPRESSLY RESERVED BY ESI.
-
- DEFINITIONS:
-
- The term "Software" as used in this Agreement means the computer
- program, XTree 2.00E, contained in the disk(s) in this package.
-
- The term "Software Copies" means the actual copies of all or any
- portion of the Software, including backups, updates, merged, or
- partial copies permitted hereunder or subsequently supplied by ESI.
-
- The term "Retailer" refers to the supplier of the Software
- product to you, namely Public Brand Software.
-
- REGISTRATION:
-
- You must register the product within thirty (30) days of first
- use in order to receive ongoing technical support, manuals, and notice
- of new products or upgrades. To register, you may write or call:
-
- XTREE Company, a Division of Executive Systems, Inc.
- 4330 Santa Fe Road
- San Luis Obispo, CA 93401 U.S.A.
- (805) 541-0604
-
- Otherwise, the limited rights granted by this license expire and you
- must remove the software from your permanent storage device (hard
- disk).
-
- PERMITTED USES:
-
- You may:
-
- * Load into RAM and use the Software on a single terminal or a single
- work station of a computer (or its replacement).
- * Install the Software onto a permanent storage device (hard disk
- drive).
- * Make and maintain one backup copy of the Software provided it is
- only used for backup purposes, and you keep possession of the
- backups. In addition, all of the information appearing on the
- original disk label(s) (including any copyright notices) must be
- copied onto the backup disk labels.
-
- USES NOT PERMITTED:
-
- You may not:
- * Make copies of the Software, except as permitted above.
- * Use the Software in a network or multiple user arrangement.
- * Rent, lease, sub-license, time-share, lend, transfer, receive
- commercial benefit, or any consideration for the Software, Software
- Copies, or your rights under this license except that transfers may be
- made with ESI's prior written authorization.
- * Alter, decompile, disassemble, modify, create derivative works, or
- reverse engineer the Software or Software Copies, or make any attempt
- to unlock or bypass the initialization system used on initialized
- disks.
- * Remove, obscure, or change any copyright, trademark notices, or this
- License Agreement as they may appear in the Software, documentation,
- user interface, menus, and magnetic media.
-
- ADDITIONAL RESTRICTIONS:
-
- In the event this Software is of any of the following types,
- these additional restrictions apply:
-
- * United States Domestic Products - Software and Software Copies may
- not be used outside the United States without the prior written
- authorization of ESI.
- * International Products - The United States Department of Commerce
- imposes certain restrictions on exports of technical data including
- Software and Software Copies, to certain destinations.
- * United Kingdom Products - You may not use or resell the Software and
- Software Copies, outside E.E.C. member countries.
-
- DURATION:
-
- This Agreement is subject to registration as specified above,
- effective from the day you open the sealed packet or for a period of
- thirty (30) days.
-
- If you breach this Agreement, ESI can terminate this license upon
- notifying you in writing. You will be required to return all Software
- and Software Copies. ESI can also enforce all other rights at law or
- in equity.
-
- GENERAL:
-
- XTree (R) is a registered trademark of Executive Systems, Inc.
- All rights are reserved worldwide. This ESI product is NOT "Public
- Domain" and it is NOT "Freeware". ESI is a copyrighted software
- product developed and owned by Executive Systems, Inc., located in San
- Luis Obispo, California, U.S.A. This Agreement represents our entire
- understanding and agreement regarding the Software and Software Copies
- and supersedes any prior purchase order, communications, advertising,
- or representations. This licens may only be modified in a written
- amendment signed by an authorized ESI officer. If any provision of
- this Agreement shall be found to be unlawful, void, or for any reason
- unenforceable, it shall be deemed severable from, and in no way shall
- affect the validity or enforceability of, the remaining provisions of
- this Agreement. This Agreement shall be governed by the laws of
- California.
-
- THIS PRODUCT IS LICENSED "AS IS" WITHOUT ANY WARRANTY OF
- MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR
- OTHERWISE; ALL WARRANTIES ARE EXPRESSLY DISCLAIMED.
-
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ESI
- SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR
- CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT
- LIMITED TO LOST PROFITS, EVEN IF ESI HAS BEEN APPRISED OF THE
- LIKELIHOOD OF SUCH DAMAGES OCCURRING.
-
- You acknowledge that you have read every provision of this Agreement.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS
-
- The Software and Software Copies are provided with RESTRICTED RIGHTS.
- Use, duplication, or disclosure by the Government is subject to
- restrictions as set forth in subdivision (c) (1) (ii) of the Rights in
- Technical Data and Computer Software Clause at 48 C.R.R.
- 252.227-7013. Executive Systems, Inc., 4330 Santa Fe Road, San Luis
- Obispo, California 93401, U.S.A.
-
-
-