C/C++ User's Journal & Wi…eveloper's Journal Tools/C-C__Users_Journal_and_Windows_Developers_Journal_Tools_1997.iso/scptease/license.doc

Text File | 1996-10-28 | 7KB | 106 lines

This ScriptEase:WebServer Edition (WSE) License Agreement (hereafter called
"Agreement") is entered into between Nombas, Inc., (hereafter called
"Nombas"), and You, (hereafter called "Customer"). Read this entire
Agreement prior to using ScriptEase:WebServer Edition (WSE) (hereafter
called "Software"). Use of the Software indicates that Customer accepts the
terms of this License Agreement. If Customer does not accept or agree to the
terms of this License Agreement, Customer may return the unopened and unused
package and all accompanying materials to the place of purchase for a refund.

1. LICENSE: Nombas, as Licensor, grants to Customer, the licensee, a
non-exclusive, non-transferable, right to use the Software on a single
computer at a single location. Customer may physically transfer the Software
from one computer to another provided the Software in its standalone form is
used only one computer at a time. Customer may NOT electronically transfer
the Software in its standalone form from one computer to another over a
network. Customer may NOT otherwise copy or distribute the Software except
as expressly provided in this License Agreement. Customer may make one (1)
copy of the Software solely for backup or archival purposes. Customer must
reproduce and include the copyright notices on the backup/archival copy. The
license fee payable for the Software under the terms of this Agreement shall
be paid by Customer, in U.S. funds only, to Nombas within thirty (30) days
of receipt of the Software. Should Customer elect to terminate this
Agreement within thirty (30) days of the receipt of the Software according
to Paragraph 4 (Term) herein, the license fee shall be fully refundable
provided that Customer is not in breach of any term of this Agreement.
Paragraph 7 (Proprietary Rights) shall survive such termination of this
Agreement.

2. USE OF THE SOFTWARE: Customer may use the Software on a single
Internet/Intranet server running a single operating system. Customer may
purchase from Nombas additional licenses which entitle Customer to use the
Software on additional servers and additional operating systems. Customer
must leave Nombas' proprietary rights notices on all copies of the Software.

3. OWNERSHIP AND TRANSFER: As licensee, Customer owns the physical media on
which the Software is originally or subsequently recorded, but Nombas
retains all title and ownership of the Software recorded on the original
disks and all subsequent copies of Software. Customer may not transfer the
Software to another party without the express, prior, written consent of
Nombas. Any transfer shall be bound by the terms and conditions of this
Agreement. Customer may not transfer, assign, rent, lease or sell the
Software except as expressly provided herein. Customer may not decompile,
disassemble, or otherwise reverse engineer the Software. Customer may not
modify the Software without the express, prior, written consent of Nombas.

4. TERM: This Agreement is in effect until terminated. This Agreement will
terminate automatically without notice from Nombas if Customer fails to
comply with any provision on this Agreement. Customer agrees, upon such
termination to destroy all copies of the Software and documentation. The
Warranty, Limited Liability and proprietary rights portions of this
Agreement shall survive termination of this Agreement.

5. ACKNOWLEDGMENT: Customer acknowledges that Customer has read this
Agreement, understands it, and agrees to be bound by its terms and
conditions. Customer also agrees that this Agreement is the complete
statement of agreement between the parties with respect to the subject
matter, 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.

6. GOVERNING LAW: This Agreement is governed by the laws of the Commonwealth
of Massachusetts.

7. PROPRIETARY RIGHTS: Customer acknowledges and agrees that the Software
and all related documentation, and any other materials provided under the
terms of this Agreement are copyrighted and are the proprietary trade
secrets of Nombas, Inc. Customer agrees to protect each copy of the Software
in a manner consistent with the maintenance of Nombas' proprietary rights,
and to instruct Customer's employees or any other users of the Software as
to the obligations contained in this paragraph. Nombas retains all rights
not expressly granted. Nothing in this Agreement constitutes a waiver of
Nombas' rights under U.S. Copyright laws or any other federal or state law.

8. LIMITED WARRANTY: From a period of ninety (90) days from date Customer
purchased this Software, Nombas warrants that 1) the Software will
substantially conform to the documentation or published specifications when
used as specified, and 2) the media on which the Software is distributed is
free from defects in materials or workmanship which would effect the use of
the Software. If Customer returns the Software with a copy of Customer's
original receipt within the ninety (90) day period, Nombas will, at is
discretion, either a) correct the Software so that it conforms to the
documentation, or b) replace the defective media, or c) refund the license
fee. Except as provided above, Nombas disclaims all warranties of any kind,
either expressed or implied, including but not limited to the implied
warranty of merchantability, performance, and fitness for a particular
purpose with respect to the Software and media. This warranty gives Customer
specific rights: Customer may also have other rights that vary from state to
state.

9. LIMITATION OF LIABILITY: Neither Nombas nor anyone else who has been
involved in the creation, production, or delivery of the Software shall be
liable for any direct, consequential, or incidental damages arising out of
the use, the results of use, or inability to use such product even if Nombas
has been advised of the possibility of such damages or claim. Some states do
not allow the exclusion of limitation of liability for consequential
damages, so the above limitation may not apply to Customer.

U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE Use, duplication, or disclosure of
this Software by the 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 in subparagraphs (c)(1) and (c)(2)
of the Commercial Computer Software Restricted Rights clause at 48 CFR
52.227-19 as applicable. Contractor is Nombas, Inc., 64 Salem Street,
Medford, MA 02155.