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- ATTENTION: READ CAREFULLY: By using, copying, or distributing the
- accompanying software you indicate your acceptance of the following
- Carthago Software Binary Freeware License Agreement ("Agreement").
-
- 1. LICENSE. Carthago Software hereby grants you (each licensee is
- addressed as "you") a non-exclusive, transferable license to use
- its software product and accompanying documentation (the program's
- object code and documentation are collectively referred to as the
- "Software") on the following terms and only for non-commercial
- purposes (see Section 2 below). You may:
-
- a. use the Software on any computer in your possession;
-
- b. make copies of the Software; and
-
- c. distribute the Software (subject to the requirements of Section
- 3 below) only in the form originally furnished by Carthago Software
- with no modifications or additions whatsoever. If you have the
- slightest doubt that your copy of the Software is not original, you
- must contact Carthago Software for an original copy.
-
- 2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject
- to the following restrictions:
-
- a. The Software is to be used only for non-commercial purposes
- unless you obtain Carthago Software's prior written consent. Prohibited
- commercial purposes include, but are not limited to:
-
- (i) Selling, licensing or renting the Software to third parties
- for a fee (by payment of money or otherwise, whether direct or
- indirect);
-
- (ii) Using the Software to provide services or products to others
- for which you are compensated in any manner (by payment of money
- or otherwise, whether direct or indirect), including, without
- limitation, providing support or maintenance for the Software;
-
- (iii) Using the Software to develop a similar application on any
- platform for commercial distribution; or
-
- (iv) Using the Software in any manner that is generally
- competitive with a Carthago Software product as defined by
- Carthago Software.
-
- b. However, media costs associated with the distribution of the
- Software may be recovered. You shall use your best efforts to
- promptly notify Carthago Software upon learning of any violation
- of the above commercial restrictions.
-
- c. On each copy of the Software you must conspicuously and
- appropriately reproduce Carthago Software's copyright notices (see
- Software for examples of such notices) and disclaimer of warranty;
- keep intact this Agreement and all notices that refer to this Agreement
- or any absence of warranty (whether written or interactively displayed);
- and give any other recipients of the Software a copy of this
- Agreement.
-
- d. You may not modify, combine other commercial applications with,
- or otherwise prepare derivative works of the Software.
-
- e. In order to preserve the value of the Carthago Software name and/or any
- trademarks, service marks, trade dress adopted and/or used by
- Carthago Software from time to time, you shall not make use of any of
- them for any reason (e.g., with respect to an Additional File, in
- advertising, marketing your own products, press releases, or other publicity)
- except solely as may be expressly authorized by this Agreement or by the
- prior written consent of Carthago Software.
-
- f. Carthago Software, in its sole and absolute discretion,
- may have included a portion of the source code or online documentation
- of the Software. Except for any such portions, you shall not
- REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE
- ANY PORTION OF THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM, except to
- the extent this restriction is prohibited by applicable law.
-
- 3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
- its variants) includes making the Software available (either
- intentionally or unintentionally) to third parties for copying or
- use, including providing timeshare access. Each time you distribute
- the Software, the recipient must expressly agree to comply with
- these terms and conditions. The recipient automatically receives
- this license to use, copy, or distribute the Software subject to
- these terms and conditions. You may not impose any further
- restrictions on the recipients' exercise of the rights granted
- herein. You are not responsible for enforcing compliance with this
- Agreement by recipients.
-
- 4. TITLE. Title, ownership rights, and intellectual property rights in
- and to the Software, and each copy thereof (including all
- copyrights therein), shall remain in Carthago Software. The Software is
- protected by the copyright laws of the United States and
- international copyright treaties.
-
- 5. NO Carthago Software OBLIGATION. You are solely responsible for all of your
- costs and expenses incurred in connection with the distribution of
- the Software, and Carthago Software shall have no liability, obligation or
- responsibility therefor. Carthago Software shall have no obligation
- to provide maintenance, support, upgrades or new releases to you or to any
- distributee of the Software.
-
- 6. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND
- THERE IS NO WARRANTY FOR THE SOFTWARE. CARTHAGO SOFTWARE
- PROVIDES THE SOFTWARE "AS IS," AND CARTHAGO SOFTWARE, ITS
- DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS WHO HAVE BEEN
- INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE,
- DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS,
- IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
- ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
- QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
- TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH
- YOU AND YOUR DISTRIBUTEES. SHOULD THE SOFTWARE PROVE DEFECTIVE,
- YOU AND YOUR DISTRIBUTEES (AND NOT CARTHAGO SOFTWARE) ASSUME THE
- COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. CARTHAGO
- SOFTWARE MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL
- PROPERTY RIGHTS OF THIRD PARTIES.
-
- 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
- THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CARTHAGO SOFTWARE,
- ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN
- INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE
- LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT,
- SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER
- ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
- SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF
- PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING
- RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY
- OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS
- INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
- DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF CARTHAGO SOFTWARE
- HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 8. INDEMNIFICATION. You and your distributees shall defend, indemnify
- and hold harmless Carthago Software, its distributors and suppliers,
- and all other persons who have been involved in the creation, production,
- or delivery of the Software, from any claim, demand, liability,
- damage award, suit, judgment, or other legal action (including
- reasonable attorney's fees) arising out of your use, distribution,
- modification, or duplication of the Software.
-
- 9. TERMINATION. The license granted hereunder is effective until
- terminated by Carthago Software. You may terminate it at any time
- by destroying the Software. This license will terminate automatically
- if you fail to comply with the limitations described above.
- On termination, you must destroy all copies of the Software.
- The termination of your license will not result in the termination of
- the licenses of any distributees who have received rights to the
- Software through you so long as they are in compliance with the
- provisions of this Agreement.
-
- 11. MISCELLANEOUS. This Agreement represents the complete agreement
- concerning this license between the parties and supersedes all
- prior agreements and representations between them. It may not be
- amended. If any provision of this Agreement is held to be
- unenforceable for any reason, this Agreement shall terminate. This
- Agreement shall be governed by and construed under MYSTATE law
- as such law applies to agreements between MYSTATE residents
- entered into and to be
-
- 12. If in doubt, contact Carthago Software direclty via it's web site at
- http://www.carthagosoft.net
-
-
-