Delphi Magazine Collection 2001/Delphi Magazine Collection 20001 (2001).iso/DISKS/Issue32/globe/GLOBE.ZIP/Licence.txt

Text File | 1997-11-21 | 7.8 KB | 149 lines

Plain English License Agreement


YOU, THE LICENSEE OF THE SOFTWARE PROVIDED BY GRAHAM KNIGHT MUST
CAREFULLY READ ALL OF THE TERMS OF THIS AGREEMENT BEFORE UTILIZING SAID
SOFTWARE. INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS
AND CONDITIONS OF THE FOLLOWING PLAIN ENGLISH LICENSE AGREEMENT.

1. DEFINITIONS

To understand the terms of this license agreement, a few terms need to
be clarified. In this license, a component is any software that is designed
to be incorporated into another program by a programmer. An application is
any end-user software that cannot be incorporated into another program.
A partial list of component types includes, but is not limited to dynamic
load libraries (DLLs), object files (OBJ, DCU and others), OLE objects (OCX)
and libraries. Applications which provide OLE services through a published
interface are also treated as components for the purpose of this license
agreement. Note that applications that provide OLE interfaces which are not
published are not regarded as components, for the purpose of this license
agreement. SOFTWARE as described in this License Agreement includes all
and any files contained as part of the purchased package including
components, example code and help files.

2. GRANT LICENSE

Graham Knight grants all registered users of his components a
non-exclusive license to create and distribute end-user applications
without the payment of any royalties. You may use the components
in design mode on any single computer; use the components in design mode
on a network, provided that each person accessing the components in design
mode through the network must have a copy licensed to that person; use the
components in design mode on a second computer so long as only one copy is
used at a time; copy the component packages for archival purposes, provided
any copy must contain all of the original Software's proprietary notices.
You may not permit other individuals to use the components in design mode;
permit concurrent use of the components in design mode; create derivative
works based on the Software, copy the components other than as specified
above; rent, lease, grant a security interest in, or otherwise transfer
rights to the components; or remove any proprietary notices or labels on
the Software. Title, ownership rights, and intellectual property rights in
the Software shall remain with Graham Knight. Graham Knight reserves all
rights not expressly granted in this Agreement.

3. RESTRICTIONS

You may not in any way, reverse-engineer, decompile, or disassemble the
SOFTWARE except to the extent such foregoing restriction is expressly
prohibited by applicable law. You may not in any way or form, use these
components for the development and/or used in the creation of, or as part
of, additional components.

4. GRANT OF LICENSE EVALUATION VERSIONS

Graham Knight grants all unregistered users of his components a
thirty (30) day license to evaluate the components' suitability for a given
task, subject to the restrictions in Section 2.

5. COPYRIGHT

Graham Knight's components are protected by US and international
copyright laws. Therefore, you must treat the SOFTWARE like any other
copyrighted material (e.g. a book or musical recording). Publishing or
distribution, in part or in whole of any components or any accompanying
written material is strictly prohibited beyond the purposes described in
this Agreement.

6. DISCLAIMER OF WARRANTY FOR EVALUATION VERSION

Evaluation Software is provided on an "AS IS" basis, without express or
implied warranties of any kind, including without limitation the warranties
of merchantability, fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of the Software is borne
by you. Should the Software prove defective, you and not Graham Knight
assume the entire cost of any service and repair. This disclaimer of
warranty constitutes an essential part of the agreement.

7. LIMITED WARRANTY FOR PURCHASED COMPONENTS

Graham Knight warrants that for a period of thirty (30) days from
the date of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation.
Graham Knight does not warrant, however, that your use of the
Software will be uninterrupted or that the operation of the Software will
be error-free. You must determine that the Software sufficiently meets your
requirements. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE
BY GRAHAM KNIGHT.  GRAHAM KNIGHT MAKES NO OTHER EXPRESS
WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE
DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE
ABOVE LIMITED WARRANTY PERIOD; If any modifications are made to the Software
by you during the warranty period; if the Software is subjected to accident,
abuse, or improper use; or if you violate the terms of this Agreement, then
this warranty shall immediately be terminated. This warranty shall not apply
if the Software is used on or in conjunction with hardware or software other
than the unmodified version of hardware and software with which the software
was designed to be used as described in the Documentation.

 8. SUBSCRIPTION UPDATES

Upon receipt of future subscription updates of the SOFTWARE (an "UPDATE"),
you may use or transfer the UPDATE only in conjunction with your
then-existing SOFTWARE. The SOFTWARE and all UPDATES are licensed as a
single product, and the UPDATES may not be separated from the SOFTWARE for
use by more than one user at any time.

9. TERMINATION

The license will terminate automatically if you fail to comply with the
limitations described herein. On termination, you must destroy all copies
of the Software and Documentation.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL GRAHAM KNIGHT OR HIS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT
WILL GRAHAM KNIGHT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE
AMOUNT GRAHAM KNIGHT RECEIVED FROM YOU FOR A LICENSE TO THE
SOFTWARE, EVEN IF GRAHAM KNIGHT SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. The
components are not fault-tolerant and are not designed, manufactured or
intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems, air
traffic control, direct life support machines, or weapons systems, in which
the failure of the Software could lead directly to death, personal injury,
or severe physical or environmental damage ("High Risk Activities").
Graham Knight and his suppliers specifically disclaim any express
or implied warranty of fitness for High Risk Activities.

11. JURIDISCTION

If any provision of this Agreement is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable.


YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT IT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU
AND GRAHAM KNIGHT AND THAT IT SUPERSEDES ALL PROPOSALS OR PRIOR
AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU
AND GRAHAM KNIGHT RELATING THE SUBJECT MATTER OF THIS AGREEMENT.