Student Organizer/Student Organizer.iso/Netcom/WIN95/EULASW.TXT

Text File | 1998-01-30 | 11.5 KB | 224 lines

BY OPENING THE PACKAGE OR CLICKING ON THE "YES" BUTTON,
YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A
PARTY TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF
THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND
OR RETURN THIS PRODUCT TO THE PLACE OF PURCHASE FOR A
FULL REFUND.

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE
ONLY (I) WITH THE INTERNET ACCESS SERVICES OFFERED BY
NETCOM ON-LINE COMMUNICATION SERVICES, INC.  IN
CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND
DOCUMENTATION AND (II) IN ACCORDANCE WITH THE TERMS OF
THIS AGREEMENT.  NO RIGHT OR LICENSE IS GRANTED TO USE THE
SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET
ACCESS OR OTHER NETWORK SERVICE.

GRANT.  NETCOM On-Line Communication Services, Inc. and its
third party licensors (collectively, "Licensor") grant to
you a non-exclusive license to use the accompanying software
product ("Software") and accompanying documentation
("Documentation") on the following terms:

You may: use the Software only with the Internet service
offered by Licensor in conjunction with the distribution of the
Software and Documentation ("Licensor's Internet Service")
which it was bundled; use the Software on any single computer;
use the Software on a second computer so long as the first
and second computers are not used simultaneously; or copy
the Software for archival or back-up purposes, provided any
copy must contain all of the original Software's proprietary
notices.

You may not: use the Software or Documentation in conjunction
with any Internet access or other network service, other than
Licensor's Internet Service; permit other individuals to use
the Software except under the terms listed above; permit
concurrent use of the Software or Documentation; modify,
translate, reverse engineer, decompile, disassemble, or
create derivative works based on the Software or
Documentation (except to the extent applicable laws
specifically prohibit such restriction); copy the Software
or Documentation (except for back- up purposes); rent, lease,
transfer or otherwise transfer rights to the Software or
Documentation; remove any proprietary notices or labels on
the Software or Documentation; or use the Software if you no
longer use the Licensor's Internet Service, unless you
independently procure a license to use the Software on an
unbundled basis from an authorized reseller or directly from
Netcom's third party licensors.

SOFTWARE.  If you receive your first copy of the Software
electronically, and a second copy on media, the second copy
may be used for archival purposes only.  This license does
not grant you any right to any enhancement or update.

TITLE.  Title, ownership rights, and intellectual property
rights in and to the Software and Documentation shall remain
in Licensor and/or its third party licensors.  The Software
is protected by the copyright laws of the United States and
international copyright treaties.  Title, ownership rights,
and intellectual property rights in and to the content
accessed through the Software is the property of the
applicable content owner and may be protected by applicable
copyright or other law.  This License gives you no rights to
such content.  To the extent that the Software and
Documentation is provided by license from Microsoft
Corporation, Quarterdeck Corporation, or other third party
licensor, such licensor is an intended third party beneficiary
of this agreement and may directly enforce the terms of the
agreement related to its software and documentation.

LIMITED WARRANTY.  Licensor does not warrant that your use of
the Software will be uninterrupted or that the operation of the
Software will be error-free or secure and hereby disclaims any
and all liability on account thereof.  In addition, the
security mechanisms implemented by the Software  has inherent
limitations, and you must determine that the Software
sufficiently meets your requirements.  Licensor warrants
that the media containing the Software, if provided by
Licensor, is free from defects in material and workmanship
and will so remain for ninety (90) days from the date you
acquired the Software.  Licensor's sole liability for any
breach of this warranty shall be, in Licensor's sole
discretion: (I) to replace your defective media; or (ii) if
the above remedy is impracticable, to refund the license fee you
paid for the Software.  Repaired, corrected, or replaced Software
and Documentation shall be covered by this limited warranty for
the period remaining under the warranty that covered the
original Software, or if longer, for thirty (30) days after
the date of shipment to you of the repaired or replaced Software.
Only if you inform Licensor of your problem with the Software
during the applicable warranty period and provide evidence of
the date you acquired the Software will Licensor be obligated
to honor this warranty.  Licensor will use reasonable commercial
efforts to repair, replace, advise or refund pursuant to the
foregoing warranty within 30 days of being so notified.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY OR
CONDITION MADE BY LICENSOR.  LICENSOR MAKES NO OTHER
EXPRESS WARRANTY AND ALL OTHER WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE,
ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT POSSIBLE BY
LAW.  NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR
ADDITIONS TO THIS WARRANTY.  If the media is subjected to
accident, abuse, or improper use; or if any you make any
prohibited modifications to the Software during the warranty
period; or if you otherwise violate the terms of this
agreement, then this warranty shall immediately and
automatically terminate.  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.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL LICENSOR OR ITS 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, OR FOR ANY DAMAGES IN EXCESS OF LICENSOR'S LIST
PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION,
EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY.  This limitation of liability shall not apply
to liability for death or personal injury to the extent
applicable law prohibits such limitation.  Such applicable
law may include legislation derived from Council Directive
85/374/EEC of July 25, 1985 concerning liability for
defective products. Furthermore, some jurisdictions do not
allow the exclusion or limitation of incidental or
consequential damages, so this limitation and exclusion
may not apply to you.

TERMINATION.  The license will terminate automatically if
you fail to comply with the limitations described above,
unless you have remedied such failure within thirty (30) days
of the date on which you failed to comply with the limitations
described above and notify Licensor accordingly.
On termination, you must destroy all copies of the Software
and Documentation.

EXPORT CONTROLS.  None of the Software or underlying information
or technology may be downloaded or otherwise exported or
reexported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or any
other country to which the U.S.  or U.K.  has embargoed
goods; or (ii) to anyone on the U.S.  Treasury Department's
list of Specially Designated Nationals or the U.S.  Commerce
Department's Table of Denial Orders.  By downloading or
using the Software, you are agreeing to the foregoing and
you are representing and warranting that you are not located
in, under the control of, or a national or resident of any
such country or on any such list.

In addition, if the licensed Software is identified as a
not-for-export product (for example, on the box, media or in
the installation process), then the following applies:
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY
CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING
TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED
STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS
DEFINED BY U.S.  GOVERNMENT REGULATIONS, INCLUDING
WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL
OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES.  BY
DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO
THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT
A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN
PERSON.

MISCELLANEOUS.  This agreement represents the complete agreement
concerning this license between the parties and supersedes all
prior agreements and representations between them.  It may be
amended only by a writing executed by both parties.  THE
ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY
MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH
HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
If any provision of this agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable.  This agreement
shall be governed by and construed under California law as
such law applies to agreements between California residents
entered into and to be performed within California, except
as governed by Federal law.  The application the United
Nations Convention of Contracts for the International Sale
of Goods is expressly excluded.

U.S.  GOVERNMENT RESTRICTED RIGHTS.  Use, duplication or
disclosure by the Government is subject to restrictions set
forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause
at DFARS 252.227-7013, and in similar clauses in the
NASA FAR Supplement.  Contractor/manufacturer is NETCOM
On-Line Communication Services, Inc., 2 North Second Street,
Suite 600, San Jose, CA 95113.  If you are a unit or agency
of the Government or are acquiring the Software and
Documentation for any such unit or agency, the following apply:
(a)  If the unit or agency is the Department of Defense ("DOD"),
the Software and Documentation are classified as "commercial
computer software" and "commercial computer software
documentation", respectively, and, pursuant to DFAR
Section 227.7202, the Government is acquiring the Software
and Documentation in accordance with the terms of this agreement.

(b)  If the unit or agency is other than DOD, the Software
and Documentation are classified as "commercial computer
software" and "commercial computer software documentation",
respectively, and pursuant to FAR Section 12.212, the
Government is acquiring the Software and Documentation in
accordance with the terms of this agreement.