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LICENSE.DOC
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1990-06-14
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█ C O N T E N T S █
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Subject LICENSE .DOC Line
Copyright Notice.............................................. 17
Agreements
LICENSE AGREEMENT......................................... 32
SUPPORT AND TRAINING SERVICES AGREEMENT...................182
Index.........................................................260
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█ WithList Copyright Notice █
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Copyright 1990 by Richard Grubic and OurSoft, all rights reserved.
WithList is not free software and is not dedicated to the Public
Domain.
WithList is fully Copyrighted and protected under US Federal and
International Copyright laws.
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█ LICENSE AGREEMENT █
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By using, performing, displaying, or copying WithList, hereinafter
The Software, you agree to the terms of this License Agreement. If
you do not agree to the terms of this License, erase all copies of The
Software in your possession.
The Software is delivered as the packed file WithList.zip and
includes the following files:
WITHLIST.BAT executes a command repetitively with a file of inputs
SUMMARY .DOC overview of WithList
MANUAL .DOC on-line manual
INFO .DOC ordering information, policies, prices, terms, etc.
LICENSE .DOC license agreements
ORDER .DOC registration form
In addition, the following Public Domain file by Richard Marks
and which is not copyrighted by OurSoft is contained in the
distribution file:
SETENV .ZIP Richard Marks environment modifier package
1. You are hereby granted a limited non-exclusive license to use,
perform and/or display The Software an unlimited number of times.
In lieu of a licensing fee you are requested to comply with the
special requests listed in MANUAL.DOC.
2. With this License, you are granted a restricted non-exclusive
license to copy and distribute internally by any means an unlimited
number of copies of The Software with the following restriction.
a. You may internally print the documentation and/or use, perform,
display, modify, distribute or copy The Software. But you must
include the copyright notice with each of those copies.
3. With this License, you are granted a restricted non-exclusive
license to copy and distribute externally by electronic or magnetic
means an unlimited number of copies of The Software with the following
restrictions.
a. The Software is not for sale, lease, or rental. You may not
sell, lease or rent it. You may not make a specific charge for The
Software. You may however charge a nominal amount for diskette
distribution, service charges, or time/access charges to your
telecommunications service or bulletin board, so long as you make no
fee specifically for The Software.
b. You may not indicate or imply that The Software you distribute is
free in your advertising or in your promotional materials. You may
not indicate or imply that payment of your charges is all that a
customer needs to pay for permanent usage of The Software. Your
materials must not indicate or imply that any of the fees you charge
compensates the author or OurSoft.
c. You may not include The Software along with any other product
without specific written permission from OurSoft.
d. You must copy The Software in its entirety. That is, you must copy
the entire original packed file unaltered, including the
documentation, copyright notice, license and registration information.
You may not copy or distribute The Software externally in modified or
altered form without specific written permission from OurSoft.
e. You may not copy or distribute any printed documentation externally
to your organization.
4. You are encouraged to make add-on improvements, or add-on
enhancements and to write programs which work in conjunction with The
Software. You are encouraged to separately market such add-on
programs with no royalties to OurSoft, so long as you do not include
The Software from OurSoft with your program, and so long as you do not
imply any sanction by, warrantee by, nor affiliation with OurSoft,
without specific written permission from OurSoft.
5. OurSoft may make changes in The Software at any time without
notice. This License does not include any future updates providing
enhancements to The Software. See Policies.
6. OurSoft does not and the authors do not warrant any copy of The
Software which has been altered or changed in any way by you or by
others. The Software is provided "as is". OurSoft does not and the
authors do not warrant that The Software will meet your specific
requirements. It is up to you to ascertain if The Software is
acceptable.
The aggregate liability of OurSoft and the authors, and your exclusive
remedy, shall be limited to the amount actually paid by you for
license fees and registration of The Software.
NEITHER OURSOFT NOR THE AUTHORS MAKE ANY EXPRESS OR IMPLIED WARRANTIES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
NEITHER OURSOFT NOR THE AUTHORS SHALL BE LIABLE FOR ANY DAMAGES
WHATSOEVER, RELATING TO THE QUALITY OR PERFORMANCE OF THE SOFTWARE OR
THE INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA, AND THE LIKE,
EVEN IF OURSOFT OR THE AUTHORS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
7. The Software is provided to the U.S. Government with RESTRICTED
RIGHTS applicable to commercial computer software developed at private
expense and not in the public domain. Use, duplication, or disclosure
by the Government is subject to restrictions as set forth in The
Rights in Technical Data and Computer Software clause at 252.227-7013.
8. This License Agreement is governed by the laws of the State of
Washington.
9. In the event of any dispute arising under this License Agreement,
your representative and a representative of OurSoft shall meet at a
mutually agreeable site in King County, State of Washington, no later
than fifteen days after delivery of notice of alleged breaches, and
shall enter into good faith negotiations aimed at curing the alleged
breaches. If such representatives are unable to resolve the dispute
in a satisfactory manner within the following five days, either you or
OurSoft may seek binding arbitration by submitting the matter to
binding arbitration conducted under the commercial rules then
prevailing of the American Arbitration Association, by a panel of not
less than three arbitrators appointed by the American Arbitration
Association, at least one of whom must have substantial experience in
the field of computer software technology and licensing. The decision
of the arbitrators shall be final and binding on you and OurSoft and
may be entered and enforced in any court of competent jurisdiction.
Each party to the dispute shall pay their own attorney fees,
their own expert witness costs and expenses, and their own costs and
expenses incurred directly or indirectly in connection with the
proceedings.
10. In the event that any term of this License Agreement should be
declared void or unenforceable by any court of competent jurisdiction,
such declaration shall have no effect on the remaining terms hereof.
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█ SUPPORT AND TRAINING SERVICES AGREEMENT █
█▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄█
By paying the registration fee for Support and Training Services you
agree to the terms of this Support and Training Services Agreement.
1. This Support and Training Services Agreement will commence on the
earlier of the date your payment or of the date purchase order is sent
or transmitted to OurSoft. It expires five years after your last use
of Support and Training Services.
2. OurSoft will use all reasonable diligence to provide advice and or
training services per your specific inquiry or request in accordance
with the then current price schedule and policies. See Price Schedule
and see Policies.
3. You will use all reasonable diligence to promptly pay OurSoft
statements for services under this agreement in accordance with the
then current terms and policies. See Terms and see Policies.
4. The aggregate liability of OurSoft, and your exclusive remedy,
shall be limited to the amount actually paid by you for support and or
training fees for six months preceding the incident giving rise to
such liability.
OURSOFT MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
OURSOFT ASSUMES NO RESPONSIBILITY FOR YOUR USE OF THE INFORMATION
PROVIDED THROUGH OURSOFT SUPPORT AND OR TRAINING SERVICES. OURSOFT
SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT
LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, OR
LOST PROFITS, EVEN IF OURSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
5. This Support and Training Services Agreement is governed by the
laws of the State of Washington.
6. In the event of any dispute arising under this Support and Training
Services Agreement, your representative and a representative of
OurSoft shall meet at a mutually agreeable site in King County, State
of Washington, no later than fifteen days after delivery of notice of
alleged breaches, and shall enter into good faith negotiations aimed
at curing the alleged breaches. If such representatives are unable to
resolve the dispute in a satisfactory manner within the following five
days, either you or OurSoft may seek binding arbitration by submitting
the matter to binding arbitration conducted under the commercial rules
then prevailing of the American Arbitration Association, by a panel of
not less than three arbitrators appointed by the American Arbitration
Association, at least one of whom must have substantial experience in
the field of computer software technology and licensing. The decision
of the arbitrators shall be final and binding on you and OurSoft and
may be entered and enforced in any court of competent jurisdiction.
Each party to the dispute shall pay their own attorney fees,
their own expert witness costs and expenses, and their own costs and
expenses incurred directly or indirectly in connection with the
proceedings.
7. In the event that any term of this Support and Training Services
Agreement should be declared void or unenforceable by any court of
competent jurisdiction, such declaration shall have no effect on the
remaining terms hereof.
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█ I N D E X █
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Agreements
Arbitration............................................158, 236
LICENSE AGREEMENT........................................... 32
SUPPORT AND TRAINING SERVICES AGREEMENT.....................182
Contents...................................................... 2
Copyright Notice.............................................. 17