Chip 2004 April/CMCD0404.ISO/Software/Shareware/Programare/golden/goldensetup57420.exe/{app}/GoldenLicense.txt

Text File | 2003-05-05 | 5.2 KB | 113 lines

Golden Copyright (C) 1996-2003 Benthic Software All Rights Reserved
http://www.benthicsoftware.com

1.  License Agreement Golden (the "Software")

"Licensee" means the person or company identified below, who is being licensed
to use the "Software" identified in the title of this License Agreement.
"Licensor" means Benthic Software.

2.  30 Day Trial License
THIS IS NOT FREE SOFTWARE. Subject to the terms below, Licensee is hereby
licensed to use this software for evaluation purposes without charge
for a period of 30 days. If you use this software after the 30 day
evaluation period you are required to make payment for the software.

3.  Limited Nonexclusive License

Licensee acknowledge that you are acquiring only a limited nonexclusive license
to use the Software (the "License"). Licensor shall remain the owner of all
right, title, and interest in the Software and in any copies of it.

The License permits Licensee to install the Software on more than one computer
system, e.g., a desktop computer and a laptop computer normally used by the
same person at different times, provided that there is no possibility that the
Software will be used on more than one computer system simultaneously; any such
simultaneous use requires a separate license for each computer system.

Licensee may make a reasonable number of backup copies of the Software solely
for backup purposes.

Licensee agrees not to make, nor to permit, the making of copies of the
Software (including its documentation) except as authorized by this License
Agreement or otherwise authorized in writing by Licensor.

Licensee agrees not to engage in, nor to permit, the de-compilation,
disassembly, or other reverse engineering of the Software.

4.  Disclaimer of Warranty

THIS PROGRAM IS SUPPLIED AS IS. THE LICENSOR DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR ANY PURPOSE. THE LICENSOR ASSUMES NO
LIABILITY FOR DAMAGES, DIRECT OR CONSEQUENTIAL, WHICH MAY RESULT FROM THE USE
OF THIS PROGRAM. THE LICENSEE MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM.
ANY LIABILITY OF THE LICENSOR WILL BE LIMITED EXCLUSIVELY TO PRODUCT
REPLACEMENT OR REFUND OF PURCHASE PRICE.

To the best of our knowledge Licensee's use of the Software in accordance with
its printed documentation will not, in and of itself, infringe any third
party's copyright, patent, or other intellectual property right.

No employee, agent, dealer, or distributor of ours is authorized to modify this
disclaimer of warranty, nor to make any additional warranties.

If implied warranties may not be disclaimed under applicable law, then ANY
IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS AFTER DELIVERY OF THIS
COPY OF THE SOFTWARE TO LICENSEE.

Some states do not allow limitations on how long an implied warranty lasts, so
the above limitation may not apply to Licensee.

This warranty gives Licensee specific legal rights, and Licensee may also have
other rights which vary from state to state.

5.  No Incidental or Consequential Damages

Independent of the foregoing provisions, IN NO EVENT WILL LICENSOR BE LIABLE TO
LICENSEE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR LICENSEE'S USE OF THE
SOFTWARE, regardless whether Licensor know or have reason to know of the
possibility of such damages.

Some states do not allow exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.

6.  Licensee's Indemnity to Licensor

Independent of the foregoing provisions, Licensee agrees to defend and
indemnify Licensor against, and hold us harmless from, any and all claims,
damages, losses, and expenses of any kind arising from or connected with the
operation of Licensees business.

7.  Termination

If Licensee materially breaches this License Agreement, Licensor may terminate
Licensee's right to use the Software by notice to Licensee.

Licensee agrees that, upon termination of the License, Licensee will either
return to Licensor or destroy all copies of the Software in Licensee's
possession.

8.  Entire Agreement, etc.

This written License Agreement is the exclusive agreement between Licensee and
Licensor concerning the Software and supersedes any and all prior oral or
written agreements, negotiations, or other dealings between the parties
concerning the Software.

This License Agreement may be modified only by a writing signed by the parties.

In the event of litigation between Licensee and Licensor concerning the
Software, the prevailing party in the litigation, and the prevailing party in
any ancillary disputes (e.g., discovery disputes) will be entitled to recover
attorneys' fees and expenses from the other party.

This License Agreement will be governed by the law of the State of
Massachusetts applicable to contracts executed and performed entirely in, and by
residents of, that state.

This License Agreement is effective upon the Licensee use of the Software.
Licensee agrees that Licensor need not sign this License Agreement in order
for it to take effect.