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License.txt
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1997-10-10
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END-USER LICENSE AGREEMENT FOR THE
EXOPLEX INTRANET PUBLISHER (0.31) <ASP>
IMPORTANT - READ CAREFULLY: This Exoplex End-User License Agreement
("EULA") is a legal agreement between you (either an individual or a
single entity) and Exoplex for the Exoplex Intranet Publisher (0.31)
which includes the Exoplex Browser and one or more Exoplex Libraries.
The Exoplex Intranet Publisher (0.31) consists of computer software,
associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing,
copying, or otherwise using the SOFTWARE PRODUCT, you agree to be
bound by the terms of this EULA. If you do not agree to the terms
of this EULA, promptly return the unused SOFTWARE PRODUCT to the
place from which you obtained it.
-------------------------------------------------------------------------------------------------------------------
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international
treaties, as well as other intellectual property laws and treaties. The
SOFTWARE PRODUCT is licensed, and neither sold nor given away.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a. You may use one copy of the Exoplex Browser on a single
computer ("SINGLE COMPUTER") for a thirty (30) day
evaluation period in order to evaluate the SOFTWARE for
subsequent purchase. The Exoplex Browser is in "use" on
a computer when it is loaded into temporary memory
(i.e. RAM) or installed into permanent memory
(e.g., hard disk, CD-ROM, or other storage device)
of that computer. The Exoplex Browser may not be installed
on a network server or any other shared storage device.
b. You may create one or more Exoplex Libraries as required to
evaluate the SOFTWARE for subsequent purchase. These Exoplex
Libraries may be installed on the same computer as the
Exoplex Browser or on shared storage devices including
network servers that are accessible from the SINGLE COMPUTER.
c. You will be considered a registered user of version
0.31 if you have registered any prior version of the
SOFTWARE PRODUCT or if you send Exoplex a registration fee
of US$39.95. Registered users may continue to use the
SOFTWARE PRODUCT on the SINGLE COMPUTER after the thirty
(30) day evaluation period. Otherwise, on the completion
of the thirty (30) day evaluation period, you must uninstall
the Exoplex Browser and destroy all of the Exoplex Libraries
created during the evaluation period. Instructions for
registering the SOFTWARE PRODUCT are included in the
on-line help accessible through the Exoplex Browser
(Help/Product Registration or (Alt+H+P)).
2. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations,
video, audio, music, text, and "applets" incorporated into the
SOFTWARE PRODUCT), the accompanying printed materials, and any
copies of the SOFTWARE PRODUCT are owned by Exoplex or its
suppliers. The SOFTWARE PRODUCT is protected by copyright laws and
international treaty provisions. Therefore, you must treat the
SOFTWARE PRODUCT like any other copyrighted material except that
you may install the SOFTWARE PRODUCT on a SINGLE COMPUTER
provided you keep the original solely for backup or archival
purposes. You may not copy the printed materials accompanying
the SOFTWARE PRODUCT.
3. PATENTS. The SOFTWARE PRODUCT is the subject of one or more patent
applications.
4. OTHER RIGHTS AND LIMITATIONS
a. Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
b. No Separation of Components. The Exoplex Libraries that
you create on shared storage devices may be shared with
other users of the SOFTARE PRODUCT. Otherwise, the
SOFTWARE PRODUCT is licensed as a single product and
the software programs comprising the SOFTWARE PRODUCT
may not be separated for use by more then one user
at a time.
c. Software Transfer. You may permanently transfer all of
your rights under this EULA only as part of a permanent
sale or transfer of the SOFTWARE PRODUCT, provided that
you retain no copies, you transfer all components of the
SOFTWARE PRODUCT, and the recipient agrees to the terms
of this EULA. If the transfer is an upgrade, the
transfer must include all prior versions of the SOFTWARE
PRODUCT.
d. Distribution. Anyone distributing the SOFTWARE PRODUCT
for any kind of remuneration must first contact Exoplex
at the address below for authorization. This authorization
will be automatically granted to distributors recognized
by the Association of Shareware Professionals (ASP) as
adhering to its guidelines for shareware distributors,
and such distributors may begin offering the SOFTWARE
PRODUCT immediately (However Exoplex must still be advised
so that the distributor can be kept up-to-date with the
latest version of the SOFTWARE PRODUCT.).
User Groups, Computer Clubs, Disk Vendors and Distributors,
Subscription Services, Disk-of-the-Month Clubs, etc.,
should refer to the VENDOR.TXT file for complete
information relating to them.
You are encouraged to pass a copy of the SOFTWARE PRODUCT
along to your friends for evaluation. Please encourage
them to register their copy if they find that they can use
it. Exoplex is a small privately held company that
depends on registered users to fund and set priorities
for its on-going development efforts.
e. Contacting Exoplex. If you need to contact Exoplex for
any reason, you may do so by sending mail to:
Exoplex
P.O. Box 847
Artarmon, NSW 2064
(Australia)
or by sending email to: support@exoplex.com .
f. Termination. Without prejudice to any other rights, Exoplex
may terminate this EULA if you fail to comply with the terms
and conditions of this EULA. In such event, you must destroy
all copies of the SOFTWARE PRODUCT.
-------------------------------------------------------------------------------------------------------------------
LIMITED WARRANTY
The SOFTWARE PRODUCT is provided "as is" without warranty of any kind.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EXOPLEX AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE
SOFTWARE PRODUCT.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
EXOPLEX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE PRODUCT, EVEN IF EXOPLEX HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.