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[About The Guide]
COMPUTER ASSOCIATES INTERNATIONAL, INC.
LICENSE AGREEMENT AND
LIMITED PRODUCT WARRANTY
------------------------------------------------------------------------------
CAREFUL READ THE FOLLOWING TERMS AND CONDITIONS. YOUR OPENING OF
THE PROGRAM PACKET WILL INDICATE YOUR ACCEPTANCE. IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY RETURN
THE COMPLETE PACKAGE AND YOUR MONEY WILL BE REFUNDED.
Computer Associates provides this Program and licenses its use to
you. You are responsible for selecting the Program to achieve
your intended results and for the installation, use and results
obtained from the Program.
THE PROGRAM, INCLUDING ITS CODE, DOCUMENTATION, APPEARANCE,
STRUCTURE AND ORGANIZATION, IS A PROPRIETARY PRODUCT OF COMPUTER
ASSOCIATES AND IS PROTECTED BY COPYRIGHT AND OTHER LAWS. TITLE
TO THE PROGRAM, OR ANY COPY, MODIFICATION OR MERGED PORTION OF
THE PROGRAM, SHALL AT ALL TIMES REMAIN WITH COMPUTER ASSOCIATES.
LICENSE--The following restricted rights are granted:
You May:
a. Use the Program only on a single computer or install the
Program on a single computer network system for your own
individual use. Even though copies of the Program may be
provided on disks of different sizes, you may not use both sizes
simultaneously on different computers. The Program may be
transferred to and used on another computer, so long as the
Program is de-installed from the original computer, and shall
under no circumstance be used on more than one computer at a
time.
b. Make one copy of the Program for backup or archival purposes
in support of your permitted use of the Program.
c. Transfer the Program together with this License to another
person, but only if the other person agrees to accept the terms
and conditions of this Agreement. If you transfer the Program
and License, you must at the same time either transfer all copies
of the Program to the same person or destroy those not
transferred. Any such transfer terminates your License, but you
agree that you shall continue to keep all Computer Associates
materials confidential.
d. If the Program is a language product, reproduce and
distribute the runtime modules included in the Program
(identified in the accompanying written materials) required
during the execution of software products that you design or
develop ("your software product") using the Program, so long as:
(1) the modules are reproduced unaltered and distributed solely
in connection with and as part of your software product; (2)
Computer Associates' name, logo or trademarks are not used to
market your software product; (3) Computer Associates is
indemnified, held harmless and defended by you from and against
any claims, lawsuits or causes of action, in equity or in law,
including related attorney's fees, that may arise from the
distribution or use of your software product; and (4) Computer
Associates' copyright notice for the Program is set forth on the
label and welcome screen for your software product.
YOU MAY NOT:
a. TRANSFER OR RENT THE PROGRAM OR USE, COPY OR MODIFY THE
PROGRAM, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED IN
THIS AGREEMENT.
b. DECOMPILE, REVERSE ASSEMBLE OR OTHERWISE REVERSE ENGINEER THE
PROGRAM.
c. REPRODUCE, DISTRIBUTE OR REVISE THE PROGRAM DOCUMENTATION.
IF YOU DO ANY OF THE FOREGOING, YOUR LICENSE AND THIS AGREEMENT
ARE AUTOMATICALLY TERMINATED. SUCH TERMINATION SHALL BE IN
ADDITION TO AND NOT IN LIEU OF ANY CRIMINAL, CIVIL OR OTHER
REMEDIES AVAILABLE TO COMPUTER ASSOCIATES.
LIMITED WARRANTY
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED AS LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Computer Associates warrants that the Program will substantially
perform the functions or generally conform to the Program's
specifications published by Computer Associates and included in
this package.
Computer Associates warrants that the disks on which the Program
is furnished will be free from defects in materials and
workmanship under normal use for a period of 90 days from the
date of delivery to you.
Computer Associates does not warrant that the functions contained
in the Program will meet your requirements or that the operation
of the Program will be entirely error free or appear precisely as
described in the Program documentation.
LIMITATION OF REMEDIES AND LIABILITY
To the maximum extent permitted by applicable law, the remedies
described below are accepted by you as your only remedies, and
shall be available to you only if you or your dealer returns the
enclosed registration form to Computer Associates within ten days
after delivery of the Program to you.
Computer Associates' entire liability and your exclusive remedies
shall be:
a. If the Program does not substantially perform the functions
or generally conform to the Program's specifications published by
Computer Associates, you may, within 90 days after delivery,
write to Computer Associates to report a significant defect. If
Computer Associates is unable to correct that defect within 90
days after receiving your report, you may terminate your License
and this Agreement by returning the Program with your original
receipt and your money will be refunded.
b. If the Program disks are defective, within 90 days of
delivery, you may return it with a copy of your receipt and
Computer Associates will replace it.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL COMPUTER ASSOCIATES BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE
THE PROGRAM, EVEN IF COMPUTER ASSOCIATES OR A DEALER AUTHORIZED
BY COMPUTER ASSOCIATES HAD BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
GENERAL
Computer Associates does not guarantee the performance of the
Program for use on a network system because the configuration and
type of network can affect such performance.
If any provision of this Agreement is held to be unenforceable,
the enforceability of the remaining provisions shall in no way be
affected or impaired thereby.
Any questions concerning this Agreement should be referred in
writing to Computer Associates International, Inc., One Computer
Associates Plaza, Islandia, NY 11788-7000.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND, BY OPENING
THE PROGRAM PACKET, INDICATE YOUR ACCEPTANCE OF ITS TERMS AND
CONDITIONS. YOU ALSO AGREE THAT, UNLESS SPECIFICALLY COVERED BY
ANOTHER LICENSE AGREEMENT, IT IS THE COMPLETE AGREEMENT BETWEEN
US AND THAT IT SUPERSEDES ANY INFORMATION YOU RECEIVED RELATING
TO THE SUBJECT MATTER OF THIS AGREEMENT.
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