home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
SGI Enlighten DSM 1.1
/
SGI EnlightenDSM 1.1.iso
/
dec3240
/
install.z
/
install
/
msg
/
C
/
.license.txt
next >
Wrap
Text File
|
1998-06-30
|
13KB
|
231 lines
Please read the following
"End User Terms and Conditions" carefully.
ENLIGHTEN SOFTWARE SOLUTIONS, INC.
END USER TERMS AND CONDITIONS
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ENLIGHTEN SOFTWARE SOLUTIONS,
INC. ("ENLIGHTEN").
1. Definitions. Unless defined below, all terms are as
defined on the Enlighten Software Solutions, Inc. License Agreement.
2. Term. For purposes of this Agreement, the "Evaluation
Term" shall mean a period commencing upon delivery of the Software to
you and continuing for thirty (30) days thereafter. You may extend the
license granted in Paragraph 3 ("Software License") beyond the
Evaluation Term for a period continuing for the life of the copyright
in the Software (the "Extended Term") by paying the then-current end
user license fees and completing, signing, and returning the Enlighten
Software Solutions, Inc. License Agreement. The Software shall be
deemed accepted by you upon execution of the Enlighten Software
Solutions, Inc. License Agreement. This Agreement commences upon the
Effective Date and continues for the Evaluation Term and Extended Term,
if any.
3. Software License. Subject to these End User Terms and
Conditions, ENLIGHTEN hereby grants to you a non-exclusive, non-transferable
license (without the right to sublicense) to use the Software and its
related documentation (i) during the Evaluation Term, solely for
internal evaluation by your employees and contractors, or (ii) during
the Extended Term, for your internal business use on the Designated
Equipment for access by your employees and contractors at the Licensed
Facilities, subject to the end user quantity limits imposed by the
Software's license manager ("Quantity Limit"). You can increase the
Quantity Limit by paying ENLIGHTEN the applicable then-current license fee.
4. Restrictions. The Software may not be reverse compiled,
reverse assembled, reverse engineered, used, executed, copied, or modified
except as stated in this Agreement. You may make a reasonable number of
archival copies of the Software for backup or archival purposes in
accordance with applicable copyright law. You must retain, reproduce, and
abide by all proprietary rights notices, serial numbers, and other notices
of ENLIGHTEN and its licensors on the Software and its related documentation
and any copies thereof. You will establish backup plans, restart and recovery
procedures, and audit controls sufficient to maintain the security and
integrity of the Software. "Software" includes but is not limited to (i)
any Software updates and/or upgrades provided by ENLIGHTEN to you during the
Evaluation Term and Extended Term, if any, and (ii) any documentation
provided to you during this Agreement, including but not limited to hard
copy and electronic manuals, release notes, installation procedures, and
bug reports.
5. Designated Equipment and Licensed Facilities. You may, upon
receiving ENLIGHTEN's prior written consent, change the Designated Equipment,
transfer the use of the Software to another piece of Designated Equipment
and/or change the Licensed Facilities. You will provide ENLIGHTEN with written
notice of the proposed new Designated Equipment or Licensed Facilities.
The fee for any such transfer shall be in accordance with ENLIGHTEN's
then-current published price list and shall be paid by you. If you desire
to transfer the use of the Software from one system class to a higher
system class (as defined in ENLIGHTEN's then-current published price list), you
will pay to ENLIGHTEN the difference between the then-current license fees for
the lower class and the higher class. You agree to notify ENLIGHTEN thirty
(30) days in advance of any requested Software relocation(s), the cost of which
shall be borne by you.
6. Taxes and Payments. You are responsible for all taxes,
fees, duties, governmental charges, and similar assessments (other than
taxes based on ENLIGHTEN's net income) attributable to your license of the
Software and procurement of Maintenance. All payments are due not later
than thirty (30) days following ENLIGHTEN's invoice date. You agree to pay
interest on overdue payments at the rate of 1.5% per month or, if less, the
highest rate permitted by law.
7. Maintenance. Maintenance is not included with the
Software, but must be separately purchased. ENLIGHTEN will provide such
maintenance and continuing support ("Maintenance") on an annual basis
at the rates described in the Enlighten Software Solutions, Inc.
License Agreement. The following provisions shall apply to any
procured Maintenance:
(a) General Support. ENLIGHTEN shall provide you with
telephone assistance for inquiries related to the use of the Software and
the reporting of errors or other problems with the Software during ENLIGHTEN's
normal business hours.
(b) Error Corrections. If ENLIGHTEN is notified in writing
by you of an error or other problem in the Software, and such error or
other problem can be verified, either by reproduction at ENLIGHTEN's facility
or through remote access to your facility, ENLIGHTEN shall use reasonable
efforts to correct the error or other problem within a reasonable time.
(c) Provision of Updates. ENLIGHTEN shall make updates to
the Software and its related documentation available to you at no
additional charge. Updates shall be provided in the same form and manner
as the Software was provided unless the parties otherwise agree. You agree
to promptly install new updates, patches, and fixes of Software as
requested by ENLIGHTEN.
(d) Lapse. If you wish to purchase Maintenance after
not having Maintenance for any period of time in which this Agreement was
in effect ("Lapse Period"), you will be required to pay the standard
Maintenance fees in effect for any such Lapse Period in addition to fees
for the period for which you wish to purchase Maintenance.
8. Limited Warranties and Remedies.
(a) Software. During the Evaluation Term, the Software
is provided "AS IS" and without any warranty. During the Extended Term, the
only warranty provided by ENLIGHTEN to you with regard to the Software is that
the Software media is warranted against defects in material and workmanship
under normal use for a period of ninety (90) days from the date of delivery
to you. If a defect appears in this ninety (90) day period, ENLIGHTEN will
either repair or replace defective Software media.
(b) Maintenance. The only warranty provided by ENLIGHTEN
to you with regard to Maintenance is that such Maintenance will be of
professional quality and will conform to generally accepted industry
standards and practices for similar services.
(c) Further Warranty Limitations. In addition to the other
limitations set forth in this Agreement, ENLIGHTEN will have no warranty
obligations if you do not promptly notify ENLIGHTEN in writing of each defect
and adequately describe the defect. ENLIGHTEN is not obligated to correct a
Software media defect that cannot be reproduced. ENLIGHTEN's warranties in
this Agreement do not apply to any Software media (i) improperly installed or
operated, (ii) altered, except by ENLIGHTEN or in accordance with its
instructions, or (iii) damaged by improper electrical power or environment,
abuse, misuse, accident, or negligence. No written or oral representation
regarding the capacity, suitability, or performance of Software or Maintenance,
whether by an ENLIGHTEN employee or otherwise, is a warranty by ENLIGHTEN or
gives rise to any liability of ENLIGHTEN. You acknowledge that no promise,
representation, warranty, or undertaking has been made or given by ENLIGHTEN
or by any other entity in relation to (i) the profitability of, or any other
consequences or benefits to be obtained from, the delivery or use of the
Software, (ii) merchantability or fitness for any purpose or purposes of the
Software, or (iii) the Maintenance. You have relied upon its own skill and
judgment in deciding to enter into this Agreement.
(d) Except as expressly stated herein, THE SOFTWARE IS
LICENSED HEREUNDER "AS IS." ENLIGHTEN DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. ENLIGHTEN
SPECIFICALLY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES
REGARDING THE SOFTWARE, DOCUMENTATION, AND MAINTENANCE, INCLUDING THE
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND
NON-INFRINGEMENT.
9. Limitations on Damages. ENLIGHTEN IS NOT RESPONSIBLE FOR
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF USE, LOSS OF DATA, OR LOST PROFITS OR REVENUES),
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ENLIGHTEN
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENLIGHTEN'S TOTAL LIABILITY
FOR ALL DAMAGES IN ANY ACTION BASED ON, ARISING OUT OF, OR IN CONNECTION
WITH THE SOFTWARE, MAINTENANCE, OR THIS AGREEMENT SHALL NOT EXCEED THE
PRICE YOU HAVE PAID ENLIGHTEN FOR THE SOFTWARE.
10. Termination. ENLIGHTEN may terminate this Agreement at any
time for a material breach of this Agreement by you. ENLIGHTEN will provide
you with ten (10) days notice of termination. Sections 4, 8, and 9 shall
survive termination of this Agreement. Upon termination of any license you
must (i) either return to ENLIGHTEN or destroy all copies of the Software and
its related documentation, and (ii) furnish to ENLIGHTEN a signed certificate
of compliance with this provision. If you desire to terminate any Maintenance
provided hereunder, you must provide ENLIGHTEN ninety (90) days advance written
notice. Upon said termination of any Maintenance, ENLIGHTEN will be under no
obligation to provide you with Maintenance of any type for the applicable
Software.
11. Export. You acknowledge that the laws and regulations of
the United States, and any other applicable foreign government, may
restrict the export and re-export of certain commodities and technical data
of such nation's origin, including the Software and its related
documentation. You agree that you will not export or re-export the
Software and its related documentation without the appropriate United
States or foreign government licenses.
12. Intellectual Property Rights and Injunctive Relief. The
Software and its related documentation, and all patents, copyrights, trade
secrets, and trademarks embodied in or associated with the Software are
proprietary to ENLIGHTEN and/or its licensors. No title to or ownership in
these items is conveyed to you or to any third party. ENLIGHTEN shall be
entitled to appropriate injunctive relief in the event of any unauthorized
use of the Software.
13. Assignment. You may not assign this Agreement or any
license, or transfer any Software to a different Licensed Facility or to a
third party, without ENLIGHTEN's prior written consent.
14. Restricted Governmental Rights. If this product is
acquired under the terms of a DoD contract, use, duplication, or disclosure
by the Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of 252.277-7013 and restrictions set forth in this end user
agreement. If this product is acquired under the terms of a civilian
agency contract, use, reproduction, or disclosure is subject to 52.227-19
and restrictions set forth in this end user agreement. Unpublished-rights
reserved under the copyright laws of the United States. Enlighten Software
Solutions, Inc., 999 Baker Way, Fifth Floor, San Mateo, CA, USA 94404
15. Miscellaneous. If any provision of this Agreement is held
to be invalid or unenforceable, the remaining provisions remain in effect.
This Agreement is governed by and construed under the laws of the United
States of America and the State of California as applied to transactions
entered into and to be performed entirely in California between residents
of California.
16. Waiver. The failure of either party to require performance
by the other party of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor shall the waiver by
either party of a breach of any provision hereof be taken or held to be a
waiver of the provision itself.
---------------------------------------------------------------------------
By entering "I AGREE" followed by your name in the green text field
above, you are indicating your acceptance and agree to be bound by the
end user terms and conditions described herein with this software
package (the "software").
If you do not agree to the end user terms and conditions described
herein, please click the "do not accept" button to cancel the
installation, and promptly return the software package and the
accompanying items (including all written and other materials) to ENLIGHTEN.