MacAddict 18/MacAddict_018_1998_02.iso/Software/Commercial Demos/Extensis Demos and Freeware/License Agreement

Text File | 1997-07-22 | 5.8 KB | 96 lines | [TEXT/ttxt]

Software License

This computer program (the "Software") is licensed, not sold, to you by
Extensis Corporation ("Extensis") for use only under the terms of this
License, and Extensis reserves any rights not expressly granted to you.
You own the disk(s) on which the Software is recorded or fixed, but
Extensis and its licensors retain ownership of the Software itself.

1. License. This License allows you to use one copy of the Software on a
single computer at a time. To "use" the Software means that the Software
is either loaded in the temporary memory (i.e., RAM) of a computer or
installed on the permanent memory of a computer (i.e., hard disk, CD ROM,
etc.). You may use at one time as many copies of the Software as you have
licenses for. You may install the Software on a common storage device
shared by multiple computers, provided that if you have more computers
having access to the common storage device than the number of licensed
copies of the Software, you must have some software mechanism which
locks-out any concurrent users in excess of the number of licensed copies
of the Software
(an additional License is not needed for the one copy of Software stored
on the common storage device accessed by multiple computers.) If the
Software is installed on the permanent memory of a single desktop
computer (i.e., not a storage device shared by multiple computers) and
that desktop computer is used by one individual for at least 80% of the
time the computer is in use, that same individual may also use a copy of
the Software on a portable or home computer.
You may make one copy of the Software in machine readable form solely for
backup purposes. The Software is protected by copyright law. As an
express condition of this License, you must reproduce on each copy of the
Extensis copyright notice and any other proprietary legends that were on
the original copy supplied by Extensis.
You may permanently transfer all your rights under this License to
another party by providing to such party all copies of the Software
licensed under this License together with a copy of this License and all
written materials accompanying the Software, provided that the other
party reads and agrees to accept the terms and conditions of this License.

2. Restrictions. The Software contains trade secrets in its human
perceivable form and, to protect them, YOU MAY NOT REVERSE ENGINEER,
DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN
PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE,
LOAN, RESELL FOR PROFIT, OR CREATE DERIVATIVE WORKS BASED UPON THE
SOFTWARE OR ANY PART THEREOF.

3. Termination. This License is effective until terminated. This License
will terminate immediately without notice from Extensis or judicial
resolution if you fail to comply with any provision of this License. Upon
such termination you must destroy the Software, all accompanying written
materials, and all copies thereof. You may also terminate this License at
any time by destroying the Software, all accompanying written materials
and all copies thereof.

4. Export Law Assurances. You agree that neither the Software nor any
direct product thereof is being or will be shipped, transferred or
re-exported, directly or indirectly, into any country prohibited by the
United States Export Administration Act and the regulations thereunder or
will be used for any purpose prohibited by the Act.

5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages.
YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS
OR BE FREE FROM DEFECTS. EXTENSIS WARRANTS THE DISKETTES ON WHICH THE
SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP
UNDER NORMAL USE FOR 90 DAYS FROM PURCHASE, BUT THE SOFTWARE AND
ACCOMPANYING WRITTEN MATERIALS ARE LICENSED "AS IS".  ALL IMPLIED
WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO
THE SOFTWARE AND ACCOMPANYING WRITTEN  MATERIALS AND LIMITED TO 90 DAYS
AS TO THE DISKETTES. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE
THE REPLACEMENT OF THE DISKETTES OR REFUND OF THE PURCHASE PRICE. IN NO
EVENT WILL EXTENSIS OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR
AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER
FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE
BASIS OF THE CLAIM AND EVEN IF EXTENSIS OR AN AUTHORIZED EXTENSIS
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Extensis liability to you for actual damages for any cause whatsoever,
and regardless of the form of the action, will be limited to the greater
of $500 or the money paid for the Software that caused the damages.
THE ABOVE LIMITATIONS WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY
WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY,
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. General. This License will be construed under the laws of the State of
Oregon, except for that body of law dealing with conflicts of law. If any
provision of this License shall be held by a court of competent
jurisdiction to be contrary to law, that provision will be enforced to
the maximum extent permissible, and the remaining provisions of this
License will remain in full force and effect. If you are a U.S.
Government end-user, this License of the Software conveys only
"RESTRICTED RIGHTS", and its use, disclosure and duplication are subject
to Federal Acquisition Regulations, 52.227-7013 (c) (1) (ii).