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Cream of the Crop 1
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ARCH11.ARJ
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LICENSE.TXT
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1992-07-24
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ERGOSOFT'S SHAREWARE LICENSE AGREEMENT
(1) Introduction. This agreement explains when and how
you may use both shareware and registered copies of
software products from ErgoSoft. In this agreement:
"Program" means the ErgoSoft software products(s)
you have purchased or obtained for evaluation,
including both the software and the associated
documentation and other materials;
"Shareware Copy" means a copy of the Program
distributed by us orby our authorized agents for
evaluation purposes and which is described as a
shareware copy in the Program's sign-on messages;
"Registered Copy means a copy of the Program
purchased from us or from a dealer, and which is not
described as a shareware copy in the Program's sign-
on messages;
"we" or "us" means ErgoSoft AG., a corporation based
inAltnau, TG, , Switzerland; and"you" means the end
user of the Program.
(2) Legal Agreement. This is a legal agreement which
allows you, the end user, to use the Program under
certain terms and conditions. If you cannot agree to
abide by what this agreement says you should not use or
evaluate the Program.
(3) Copyright. The Program is copyrighted under swiss
law and international treaty provisions. You agree that
your use of the Program is subject to these laws, which
prohibit unauthorized copying or duplication of the
Program software, documentation, and other materials.
(4) Evaluation Period. You may use a Shareware Copy of
the Program for an evaluation period of up to 21 days.
The purpose of this evaluation period is to allow you to
determine whether the program meets your needs before
purchasing it. Once the evaluation period has ended, you
agree to either purchase a Registered Copy of the
Program, or to stop using it. If you have ordered a
Registered Copy of the Program from us or from a dealer,
you may continue to use your Shareware Copy beyond the
end of the 21-day evaluation period until your Registered
Copy arrives.
(5) Use of the Program. While you are evaluating the
Program, you may use it on as many computers as are
required to perform your evaluation. Your 21-day
evaluation period begins when you first install the
Program on one or more computers for evaluation purposes.
Once the evaluation period is over and you purchase the
program, your use is subject to the following
restrictions:
Individual Copies: You agree not to install and use an
individual Registered Copy of the Program on more than
one computer at a time. However, we agree to an
exception to this rule if you meet the conditions
described in the rest of this paragraph. You may
install your individual copy simultaneously on one
computer at work, one computer at home, and one
portable computer, if all these computers are used
primarily by the same individual, and there is NO
POSSIBILITY that the computers will be in use at the
same time except while you are actively transferring
files between them. If the Program was purchased by
your employer you agree to get your employer's explicit
permission before installing the Program on multiple
systems as described in this paragraph.
Multi-System Licenses and Network Use. You agree to
purchase multiple individual copies or a multi-system
license before using the Program simultaneously on more
than one computer. When you purchase a multi-system
license you agree not to use the Program on more
computers than the number included in your license, as
shown on your invoice, the program sign-on screen, or
other documents from us. You may install the Program on
computers attached to a network, or remove it from one
computer and install it on a different one, provided
there is NO POSSIBILITY that your copy will be
installed or used on more computers than it is licensed
for. If you have a network, you don't need to include
every computer attached to the network in your license,
but you must include every computer on which the
Program is installed or used, regardless of whether the
user of the computer happens to know that the Program
is in use on their system. If you have single computers
which allow multiple users to use the Program
simultaneously, you must count each keyboard or
terminal separately when determining how many computers
are using the Program.
(6) Making and Distributing Shareware Copies of the
Program. You may make copies of your Shareware Copy of
the Program to give to others, as long as you include all
of the files that you originally received with your
Shareware Copy, as listed in the README.TXT file included
with your Shareware Copy. When you give a Shareware
Copy of the Program to another person, you agree to
inform them that their copy is to be used for a time
limited evaluation period, and that they must purchase a
Registered Copy if they continue to use the Program once
the evaluation period has ended. You agree not to sell
Shareware Copies of the Program or distribute them to
others for any kind of compensation or fee unless you are
a shareware disk vendor approved by the US-based
Association of Shareware Professionals, are a non-profit
User Group, or have received written permission from us;
and your permission to distribute the Program has not
been revoked by us; and you charge a fee of US $12 or
less per copy (excluding shipping costs). You also agree
not to sell printed copies of any documentation for the
Program under any circumstances.
(7) Copying Registered Copies of the Program. When you
receive a Registered Copy of the Program you may make
copies of the Program software which are necessary for
normal backup purposes. However you agree not to make any
copies of the printed manual(s) which come with the
Program without explicit written permission from us. You
also agree not to give your Registered Copy of the
Program to others for any purpose. This means that you
may not sell or give away copies of a Registered Copy of
the Program or any part of it in any way, including
bundling or re-selling the Program with your own
software, or placing such a copy of the Program in any
disk library or on any bulletin board or electronic
service.
(8) Operation of the Program. ErgoSoft's products are
powerful programs. While we have attempted to build in
reasonable safeguards, if you do not use them properly
you may destroy files or cause other damage to your
computer software and data. You assume full
responsibility for the selection and use of the Program
to achieve your intended results.
(9) LIMITED WARRANTY: The following limited warranty
applies to Registered Copies of the Program. It is
included here so you understand what your warranty will
be when you purchase a Registered Copy. This warranty
does NOT apply to Shareware Copies of the Program.
Satisfaction Guarantee. If you are dissatisfied with
any product you buy from us under this Agreement for
any reason, you may return it at any time up to 90 days
after purchase and we will give you a refund. If the
product is a ErgoSoft product we will give you a full
refund. If it is not a ErgoSoft product we will give
you a full refund if in our judgement the product is
returned in an undamaged, resalable condition, or a 50%
refund if not. Refunds will be based on the price you
paid, with shipping costs excluded. You must contact us
before returning any product for a refund. This
satisfaction guarantee does not apply to multi-system
licenses for more than 10 computers, or to purchases of
more than 10 individual copies at a time.
Physical Defects. We pledge that the disks and manuals
we send you will arrive free of physical defects which
interfere with normal use. If you find such a defect
and report it to us within 90 days after you purchase
the Program, we agree to replace the defective item(s)
at no charge to you as long as the defect was not
caused by misuse or abuse.
Bugs and Program Errors. We don't promise that the
Program will be free of bugs or program errors, and you
agree that bugs or program errors will not be
considered "physical defects" in the program. We agree
that if you report a program error or bug to us, we
will use our best efforts to correct it. We also agree
that if we can verify and correct the error you report,
and we then issue a maintenance release for the Program
which includes the correction, we will make a copy of
that maintenance release available to you at no charge,
if you request it. However we will only do this for
maintenance releases, not for new major releases or
other new versions of the Program.
WARRANTY DISCLAIMER
DISCLAIMER FOR SHAREWARE COPIES. YOU ARE NOT PAYING
FOR THE TRIAL USE LICENSE FOR YOUR SHAREWARE COPY OF
THE PROGRAM. ACCORDINGLY THE SHAREWARE COPY IS
PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND.
DISCLAIMER FOR REGISTERED COPIES. EXCEPT FOR THE
LIMITED WARRANTY STATED ABOVE FOR REGISTERED COPIES OF
THE PROGRAM, WE DISCLAIM ANY AND ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THE LIMITED WARRANTY ABOVE GIVES
YOU SPECIFIC LEGAL RIGHTS, BUT YOU MAY HAVE OTHER
RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO
NOT ALLOW A LIMITATION ON HOW LONG A WARRANTY LASTS, SO
SUCH LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY FOR SHAREWARE AND REGISTERED
COPIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
WHATSOEVER ARISING OUT OF USE OF THE PROGRAM OR YOUR
RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION ANY
OR ALL DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION OR ANY PECUNIARY
LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. THE REFUND, REPLACEMENT AND ATTEMPTED REPAIR
REMEDIES FOR REGISTERED COPIES STATED IN THE "LIMITED
WARRANTY" SECTION ABOVE SHALL BE YOUR SOLE REMEDY FOR
ANY AND ALL PROGRAM DEFECTS, PROGRAM ERRORS, OR
DOCUMENTATION ERRORS.