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1994-12-16
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(C)1993-1995 Softstar Research, Inc.
COMMERCIAL DISTRIBUTION LICENSE AGREEMENT
Information concerning non-commercial distribution (distribution is non-commercial if it is for free, or by a hobby, user
or computer interest group to its members, or by any BBS) can be found in the help file and the README.TXT file.
The terms below outline requirements for commercial distribution. By "commercial distribution" or "commercially
distribute" we mean to distribute for gain (such as, but not limited to, via traditional shareware catalogs, trade shows, or
rack vending). This file will inform the potential commercial distributor as to whether or not they have been
automatically granted such a license for their type of distribution (if not, special written authorization is required).
Other important information is also presented.
This is an agreement between you (either an individual or an entity) and Softstar Research, Inc. By commercially
distributing copies of the shareware evaluation version of Softstar Research, Inc. Windows Tools, you are agreeing to
be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may not distribute the
shareware evaluation version of Softstar Research, Inc. Windows Tools.
1) COPYRIGHT:
The shareware evaluation version of Softstar Research, Inc. Windows Tools (hereafter, "the SOFTWARE") is
Copyright (c) 1993 by Softstar Research, Inc. and is protected by United States copyright laws and international treaty
provisions. Softstar Research, Inc.. as exclusive publisher, is an authorized representative of the copyright holder.
Except to the extent expressly licensed, the copyright holder has and reserves the exclusive copyright and other right,
title, and interest to copy and distribute this software, and the right to use the Trademark Softstar Research, Inc.
Windows Tools in connection with it.
2) DISTRIBUTION VIA CATALOGS:
Catalog vendors are automatically granted a license to distribute the SOFTWARE via their catalog for a fee provided
they agree to abide by the following terms:
a) A copy of the first catalog or listing advertising the distribution of the SOFTWARE will be sent to Softstar Research,
Inc.
b) The catalog or listing must contain a statement to the effect that the SOFTWARE is not free, and that additional
payment to the author/publisher is required after a stated evaluation period.(The standard statement required by the
Association of Shareware Professionals is sufficient.)
c) Updated versions of the SOFTWARE sent to the distributor will be reflected in what is distributed and advertised in
the catalog or listing as soon as possible.
d) Problems or complaints about the SOFTWARE will be reported to Softstar Research, Inc.
3) ALL OTHER TYPES OF DISTRIBUTION (RACKS, CD-ROM, etc.):
Distribution of the SOFTWARE using any other method (for example: via rack vending methods, sale in a retail store,
sale at a trade show, CD-ROM compilation, as part of some more inclusive product or service, rental or lease) requires
special written authorization from Softstar Research, Inc. which may be subject to special licensing terms. No vendor,
individual, group, or entity has a license to distribute the SOFTWARE using any other method without special written
authorization from Softstar Research, Inc.(NOTE: "as part of some more inclusive product or service" does not refer to
distribution via any type of BBS or the practice by certain catalog vendors of offering several programs on a single
diskette or in a set of multiple diskettes.)
4) MODIFICATIONS:
The SOFTWARE package may not be abridged or otherwise modified in any way. (NOTE: This does not refer to the
addition of installation, informational, or advertising files by catalog vendors.)
5) REVOCATION OF LICENSE:
The license to distribute the SOFTWARE can be revoked from any vendor, individual, group, or entity at any time for
any reason on 90 days advance written notice.
6) DAMAGES:
Distribution of the SOFTWARE without a license to do so is explicitly prohibited. Liquidated damages for
unauthorized distribution shall not be less than $10.00 (in US. funds) for each individual copy of the SOFTWARE that
is sold or transferred by the vendor, individual, group, or entity without a license to do so.
7) THIS PACKAGE (CONSISTING OF THE Softstar Research, Inc. Windows Tools AND ASSOCIATED FILES
AND DOCUMENTATION) IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
REPRESENTATIONS OR ENDORSEMENTS REGARDING THE USE OF, THE RESULTS OF, OR
PERFORMANCE OF; ITS APPROPRIATENESS, ACCURACY, RELIABILITY, OR CURRENTNESS. THE
ENTIRE RISK AS TO THE USE OF THIS PACKAGE IS ASSUMED BY THE USER. IN NO EVENT WILL
SOFTSTAR RESEARCH, INC. BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL, RESULTING FROM ANY DEFECT IN THE PACKAGE, EVEN IF SOFTSTAR RESEARCH,
INC. SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL USE
OF THIS PACKAGE, FOR ANY PURPOSE, WITH NO REGARD TO THE LEGALITY OF SUCH USE OR
PURPOSE, IS THE COMPLETE AND SOLE RESPONSIBILITY OF THE USER.
Some states do not allow disclaimers of implied warranties or the exclusion of consequential damages, so the above
disclaimers and exclusions may not apply to you.
8) GOVERNING LAW:
This agreement is governed by the laws of the State of Michigan. Should any parts or parts of this agreement be
deemed unlawful, the remainder shall to continue to apply.
(C)1993-1995 Softstar Research, Inc.
All Rights Reserved.
If you have any questions or comments, please let us know...
Softstar Research, Inc.
25900 Forestview Drive
Southfield, MI 48034-6439
Tel: (810) 353-6436
Fax: (810) 353-9203
CompuServe: 73140,1302
Prodigy: BHFR00A
AOL: SoftstarRI
Internet: SoftstarRI@AOL.COM
Thanks!