Dr. Windows 3/dr win3.zip/dr win3/PVDRIVER/DTC3290.ZIP/NT_BETA.ZIP/LIC.DOC

Text File | 1992-12-09 | 8KB | 134 lines

DATA TECHNOLOGY CORPORATION LICENSE AGREEMENT

        This legal document is an agreement between you, the end user,  and
Data Technology Corporation (hereinafter referred to as "DTC").  BY OPENING
THIS SEALED DISK PACKAGE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS  OF
THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE, SOFTWARE DISCLAIMER OF
WARRANTY, AND HARDWARE LIMITED WARRANTY (collectively the "Agreement").

   THIS  AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND  DTC.
IF  YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT OPEN THIS  DISK
PACKAGE.   PROMPTLY  RETURN THE UNOPENED DISK PACKAGE AND THE  OTHER  ITEMS
(INCLUDING WRITTEN MATERIALS, BINDERS OR OTHER CONTAINERS, AND HARDWARE, IF
ANY) THAT ARE PART OF THIS PRODUCT TO THE PLACE WHERE YOU OBTAINED THEM FOR
A FULL REFUND.

DTC SOFTWARE LICENSE

   1.   GRANT OF LICENSE.  In consideration of payment of the LICENSE  fee,
which  is  part of the price you paid for this product, DTC,  as  Licensor,
grants  to you, the LICENSEE, a nonexclusive right to use and display  this
copy  of  a DTC software program (hereinafter the "SOFTWARE") on  all  your
network  computers.   DTC  reserves all rights  not  expressly  granted  to
LICENSEE.

   2. OWNERSHIP OF SOFTWARE.  As the LICENSEE, you own the the magnetic  or
other  physical media on which the SOFTWARE is originally  or  subsequently
recorded  or  fixed, but DTC retains title and ownership  of  the  SOFTWARE
recorded  on the original disk copy(ies) and all subsequent copies  of  the
SOFTWARE,  regardless of the form or media in or on which the original  and
other  copies  may  exist.   This License is not a  sale  of  the  original
SOFTWARE or any copy.

   3.   COPY  RESTRICTIONS.   This SOFTWARE and  the  accompanying  written
materials are copyrighted.  Unauthorized copying of the SOFTWARE, including
SOFTWARE  that has been modified, merged, or included with other  software,
or  of  the  written materials is expressly forbidden.   You  may  be  held
legally  responsible  for  any copyright infringement  that  is  caused  or
encouraged by your failure to abide by the terms of this License.   Subject
to  these restrictions, and if the SOFTWARE is not copy-protected, you  may
make  one  (1) copy of the SOFTWARE solely for backup purposes.   You  must
reproduce and include the copyright notice on the backup copy.

   4.   USE  RESTRICTIONS.   As the LICENSEE, you may  not  modify,  adapt,
translate,  reverse engineer, decompile, disassemble, or create  derivative
works  based  on the SOFTWARE.  You may not modify,  adapt,  translate,  or
create  derivative works based on the written materials without  the  prior
written consent of DTC.

   5.   TRANSFER RESTRICTIONS.  This SOFTWARE is licensed only to you,  the
LICENSEE,  and may not be transferred to anyone without the  prior  written
consent  of DTC.  Any authorized transferee of the SOFTWARE shall be  bound
by  the  terms  and  conditions of this Agreement.  In  no  event  may  you
transfer,  assign, rent, lease, sell, or otherwise dispose of the  SOFTWARE
on a temporary or permanent basis except as expressly provided herein.

   6.  TERMINATION.   This  License is effective  until  terminated.   This
License will terminate automatically without notice from DTC if you fail to
comply  with  any provision of this License.  Upon  termination  you  shall
destroy  the  written materials and all copies of the  SOFTWARE,  including
modified copies, if any.

  7.  MISCELLANEOUS.  This Agreement is governed by the laws of the State of
California.

                DISCLAIMER OF WARRANTY AND LIMITED WARRANTY

THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR
USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  FURTHER, DTC  DOES
NOT  WARRANT,  GUARANTEE,  OR  MAKE ANY  TERMS  OF  CORRECTNESS,  ACCURACY,
RELIABILITY, CURRENTNESS, OR OTHERWISE.  THE ENTIRE RISK AS TO THE  RESULTS
AND  PERFORMANCE  OF THE SOFTWARE IS ASSUMED BY YOU.  IF  THE  SOFTWARE  OR
WRITTEN  MATERIALS  ARE  DEFECTIVE,  YOU,  AND  NOT  DTC  OR  ITS  DEALERS,
DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.

        DTC warrants to the original LICENSEE that (a) the disk(s) on which
the SOFTWARE is recorded is free from defects in materials and  workmanship
under normal use and service for a period of ninety (90) days from the date
of  delivery  as evidenced by a copy of the receipt and  (b)  the  hardware
accompanying the SOFTWARE is free from defects in materials and workmanship
under normal use and service for a period of one (1) year from the date  of
delivery  as evidenced by a copy of the receipt. Further DTC hereby  limits
the  duration of any implied warranty(ies) on the disk or such hardware  to
the respective periods stated above.  Some states do not allow  limitations
on  duration of an implied warranty, so the above limitation may not  apply
to you.

        DTC's entire liability and your exclusive remedy as to the  disk(s)
or  hardware shall be, at DTC's option, either (a) return of  the  purchase
price  or (b) replacement of the disk or hardware that does not meet  DTC's
Limited  Warranty and which is returned to DTC with a copy of the  receipt.
If  failure of the disk or hardware has resulted from accident,  abuse,  or
misapplication,  DTC  shall have no responsibility to replace the  disk  or
hardware  or refund the purchase price.  Any replacement disk  or  hardware
will  be  warranted for the remainder of the original  warranty  period  or
thirty (30) days, whichever is longer.

        THE  ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER  EXPRESS  OR
IMPLIED,   INCLUDING  BUT  NOT  LIMITED  TO  THE  IMPLIED   WARRANTIES   OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY  DTC
ON  THIS  DTC PRODUCT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE  GIVEN  BY
DTC,  ITS  DEALERS,  DISTRIBUTORS,  AGENTS, OR  EMPLOYEES  SHALL  CREATE  A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT
RELY  ON ANY SUCH INFORMATION OR ADVICE.  THIS WARRANTY GIVES YOU  SPECIFIC
LEGAL RIGHTS.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

        NEITHER DTC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE  CREATION,
PRODUCTION,  OR  DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR  ANY  DIRECT,
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR  LOSS
OF  BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS  INFORMATION,
AND  THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE  SUCH  PRODUCT
EVEN  IF DTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   BECAUSE
SOME  STATES  DO  NOT ALLOW THE EXCLUSION OR LIMITATION  OF  LIABILITY  FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY  TO
YOU.

The Disclaimer of Warranty and Limited Warranty is governed by the laws  of
the State of California.

                     U.S. GOVERNMENT RESTRICTED RIGHTS

        The SOFTWARE and documentation is provided with RESTRICTED  RIGHTS.
Use,   duplication,  or  disclosure  by  the  Government  is   subject   to
restrictions  as  sent  forth in subdivision (b)(3)(ii) of  The  Rights  in
Technical   Data   and   Computer   Software   clause   at    252.227-7013.
Contractor/manufacturer   is  Data  Technology   Corporation/500   Yosemite
Drive/Milpitas, CA 95035/

Should  you have any questions concerning this Agreement, or if you  desire
to  contact  DTC for any reason, please contact DTC Sales  and  Service/500
Yosemite Drive/Milpitas, CA 95035.