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- NOTICE:
-
- This software is licensed as evaluation software free of
- charge from the date of acquisition for thirty (30) days,
- at which time, this license will expire. During this
- 30 day evaluation period, the following license agreement
- will apply, or, upon the purchase of one license for each
- computer on which this software is used, the following
- license agreement will apply:
-
-
- CCS Development End-User Software License Agreement
- ========================================================
-
- PLEASE READ THIS DOCUMENT CAREFULLY. BY INSTALLING
- THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY
- THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
- TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT
- AUTHORIZED TO USE THIS SOFTWARE.
-
- This is a legal agreement between you and CCS Development
- ("CCS"). This Agreement states the terms and conditions
- upon which CCS offers to license the software with all
- related documentation and accompanying items including, but not
- limited to, the executable programs, drivers, libraries and data
- files associated with such programs (collectively, the "Software").
-
-
- This software is protected by copyright laws and international
- copyright treaties, as well as other intellectual property laws
- and treaties. This software is licensed, not sold.
-
- LICENSE
-
- 1. Grant of License.
- The Software is licensed, not sold, to you for use only
- under the terms of this Agreement. You own the disk or
- other media on which the Software is originally or
- subsequently recorded or fixed; but, as between you and
- CCS (and, to the extent applicable, its licensors),
- CCS retains all title to and ownership of the
- Software and reserves all rights not expressly granted
- to you.
-
- 2. For Use on a Single Computer.
- The Software may be used by you only on a single computer
- with a single CPU. You may transfer the machine-readable
- portion of the Software from one computer to another
- computer, provided that
- (a) the Software (including any portion or copy thereof)
- is erased from the first computer, and
- (b) there is no possibility that the Software will be used
- on more than one computer at a time.
-
- 3. Stand-Alone Basis.
- You may use the Software only on a stand-alone basis, such
- that the Software and the functions it provides are
- accessible only to persons who are physically present at
- the location of the computer on which the Software is
- loaded. You may not allow the Software or its functions
- to be accessed remotely, or transmit all or any portion of
- the Software through any network or communication line.
-
- 4. One Archival Copy.
- You may make one (1) archival copy of the machine-readable
- portion of the Software for backup purposes only in support
- of your use of the Software on a single computer, provided
- that you reproduce on the copy all copyright and other
- proprietary rights notices included on the originals of the
- Software.
-
- 5. No Merger or Integration.
- You may not merge any portion of the Software into, or
- integrate any portion of the Software with, any other
- program, except to the extent expressly permitted by the
- laws of the jurisdiction where you are located. Any portion
- of the Software merged into or integrated with another
- program, if any, will continue to be subject to the terms
- and conditions of this Agreement, and you must reproduce on
- the merged or integrated portion all copyright and other
- proprietary rights notices included on the originals of the
- Software.
-
- 6. Network Version.
- If you have purchased a "network" version of the Software,
- this Agreement applies to the installation of the Software
- on a single "file server". It may not be copied onto
- multiple systems. Each "node" connected to the "file server"
- must have its own license of a "node copy" of the Software,
- which becomes a license only for that specific "node".
-
- 7. Transfer of License.
- You may transfer your license of the Software, provided that
- (a) you transfer all portions of the Software or copies
- thereof,
- (b) you do not retain any portion of the Software or any
- copy thereof, and,
- (c) the transferee reads and agrees to be bound by the terms
- and conditions of this Agreement.
-
- 8. Limitations on Using, Copying, and Modifying the Software.
- Except to the extent expressly permitted by this Agreement or
- by the laws of the jurisdiction where you acquired the
- Software, you may not use, copy or modify the Software. Nor
- may you sub-license any of your rights under this Agreement.
-
- 9. Decompiling, Disassembling, or Reverse Engineering.
- You acknowledge that the Software contains trade secrets and
- other proprietary information of CCS and its licensors.
- Except to the extent expressly permitted by this Agreement or
- by the laws of the jurisdiction where you are located, you
- may not decompile, disassemble or otherwise reverse engineer
- the Software, or engage in any other activities to obtain
- underlying information that is not visible to the user in
- connection with normal use of the Software. In any event,
- you will notify CCS of any information derived from
- reverse engineering or such other activities, and the results
- thereof will constitute the confidential information of
- CCS that may be used only in connection with the
- Software.
-
- 10. Copyright
- All title and copyrights in and to this software and any
- copies thereof are owned by CCS or its suppliers. All
- title and intellectual property rights in and to the content
- which may be accessed through use of this software is the
- property of the respective content owner and may be protected
- by applicable copyright or other intellectual property laws
- and treaties. This license grants you no rights to use such
- content.
-
-
- TERMINATION
-
- The license granted to you is effective until terminated. You may
- terminate it at any time by returning the Software (including any
- portions or copies thereof) to CCS. The license will also
- terminate automatically without any notice from CCS if you fail
- to comply with any term or condition of this Agreement. You agree
- upon such termination to return the Software (including any portions
- or copies thereof) to CCS. Upon termination, CCS may also
- enforce any rights provided by law. The provisions of this
- Agreement that protect the proprietary rights of CCS will
- continue in force after termination.
-
-
- U.S. GOVERNMENT RESTRICTED RIGHTS
-
- All Software and related documentation are provided with restricted
- rights. Use, duplication or disclosure by the U.S. Government is
- subject to restrictions as set forth in subdivision (b)(3)(ii) of
- the Rights in Technical Data and Computer Software Clause at
- 252.227-7013. If you are sub-licensing or using the Software
- outside of the United States, you will comply with the applicable
- local laws of your country, U.S. export control law, and the
- English version of this Agreement.
-
-
- LIMITED WARRANTY
-
- CCS warrants, as the sole warranty, that the disks on which the
- Software is furnished will be free of defects. No distributor, dealer
- or any other entity or person is authorized to expand or alter this
- warranty or any other provisions of this Agreement. Any representation,
- other than the warranties set forth in this Agreement, will not bind
- CCS.
-
- CCS does not warrant that the functions contained in the
- Software will meet your requirements or that the operation of the
- Software will be uninterrupted or error-free. Except as stated
- above in this agreement, the software is provided as-is
- without warranty of any kind, either express or implied,
- including, but not limited to, any implied warranties of
- merchantability and fitness for a particular purpose.
-
- You assume full responsibility for the selection of the Software to
- achieve your intended results, and for the installation, use and
- results obtained from the Software. You also assume the entire
- risk as it applies to the quality and performance of the Software.
- Should the Software prove defective, you (and not CCS, or
- its distributors or dealers) assume the entire cost of all
- necessary servicing, repair or correction.
-
- This warranty gives you specific legal rights, and you may also have
- other rights which vary from country/state to country/state. Some
- countries/states do not allow the exclusion of implied warranties,
- so the above exclusion may not apply to you. CCS disclaims all
- warranties of any kind if the Software was customized, repackaged
- or altered in any way by any third party other than CCS.
-
-
- LIMITATION OF REMEDIES AND DAMAGES
-
- CCS's entire liability and your exclusive remedy under this
- license shall not exceed five dollars (US$5.00). In
- no event will CCS or its licensors be liable for any indirect,
- incidental, special or consequential damages or for any lost
- profits, lost savings, lost revenues or lost data arising from or
- relating to the Software or this Agreement, even if CCS or its
- licensors have been advised of the possibility of such damages.
-
- Some countries/states do not allow the limitation or exclusion of
- liability for incidental or consequential damages, so the above
- limitation or exclusion may not apply to you. In no event will
- CCS's liability or damages to you or any other person ever
- exceed the amount paid by you to use the Software, regardless of
- the form of the claim.
-
-
- CONTRACTOR/MANUFACTURER
-
- The Contractor/Manufacturer for the Software is:
- CCS Development
- PO Box 54321
- Oklahoma City, OK 73154
- ash@ionet.net
-
-
- GENERAL
-
- This Agreement is binding on you as well as your employees,
- employers, contractors and agents, and on any successors and
- assignees. Neither the Software nor any information derived
- therefrom may be exported except in accordance with the laws of
- the U.S. or other applicable provisions. This Agreement is
- governed by the laws of the State of California (except to the
- extent federal law governs copyrights and federally registered
- trademarks). This Agreement is the entire agreement between us
- and supersedes any other understandings or agreements, including,
- but not limited to, advertising, with respect to the Software.
-
- If any provision of this Agreement is deemed invalid or
- unenforceable by any country or government agency having
- jurisdiction, that particular provision will be deemed modified
- to the extent necessary to make the provision valid and
- enforceable, and the remaining provisions will remain in full
- force and effect.
-
- For questions concerning this Agreement, please contact CCS
- at the address stated above. For questions on product or
- technical matters.
-