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License.txt
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1997-03-29
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SOFTWARE LICENSE AGREEMENT
This License Agreement (this "Agreement") is made effective as the
installation date between Michael Boone dba BooneDocks Software and
the individual who will use the installed software.
In the Agreement, the party who is granting the right to use the
licensed property will be referred to as "BooneDocks", and the party
who is receiving the right to use the licensed property will be
referred to as "the User".
The parties agree as follows:
1. GRANT OF LICENSE. BooneDocks owns FishTank 2.0 Software
("FishTank"). BooneDocks retains title and ownership of FishTank.
In accordance with this Agreement, BooneDocks grants the User an
exclusive license to evaluate FishTank for 15 days from the time of
installation. At the end of the 15 day evaluation period, the User
must submit the US$15 registration fee or remove the software from
the User's computer. If the User submits the registration fee,
BooneDocks grants the User an exclusive license to use FishTank
in accordance with this agreement.
2. INSTALLATION.The User is permitted to install copies of FishTank
on an unlimited number of computers provided that the User is a
single individual and is the only one who will use FishTank. If the
User is not an individual, BooneDocks grants the User the right to
designate on individual within the User's organization to have the
right to use FishTank in the manner provided above.
3. DISTRIBUTION. The User is permitted to freely distribute only
the original FishTank archive file used to make the installation.
No other files shall be distributed, except files modified under
the stipulations of Section 4 of this agreement. The User is not
permitted to distribute valid name and registration code
combinations used to register FishTank.
4. MODIFICATIONS. The User may not modify or change the FishTank
executable file, help files, tip file, and registration related
files in any manner. The User is permitted to modify the contents
of the Quick Picks file (quickpick.csv) and the files installed in
the Examples directory.
5. DEFAULTS. If the User fails to abide by the obligations of this
Agreement, including the obligation to make a registration payment
when due, BooneDocks shall have the option to cancel this Agreement.
The User shall have the option of preventing the termination of
this Agreement by taking corrective action that cures the default.
6. WARRANTIES. Neither party makes any warranties with respect to
the use, sale or other transfer of the FishTank by the other party
or by any third party. In no event will BooneDocks be liable for
direct, indirect, special, incidental, or consequential damages,
that are in any way related to FishTank.
7. TRANSFER OF RIGHTS. This Agreement shall be binding on any
successors of the parties. Neither party shall have the right to
assign its interests in this Agreement to any other party, unless
the prior written consent of the other party is obtained.
8. TERMINATION. This Agreement shall terminate upon the removal of
the FishTank software from the User's computer.
9. ENTIRE AGREEMENT. This Agreement contains the entire agreement
of the parties and there are no other promises or conditions in any
other agreement whether oral or written. This Agreement supersedes
any prior written or oral agreements between the parties.
10. AMENDMENT. This Agreement may be modified or amended, if the
amendment is made in writing and is signed by both parties.
11. SEVERABILITY. If any provision of this Agreement shall be held
to be invalid or unenforceable for any reason, the remaining
provisions shall continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become
valid or enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
12. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to
enforce any provision of this Agreement shall not be construed as
a waiver or limitation of that party's right to subsequently enforce
and compel strict compliance with every provision of this Agreement.
13. APPLICABLE LAW. This Agreement shall be governed by the laws of
the State of Ohio.