Chip 2000 March/Chip_2000-03_cd.bin/zkuste/VBasic/Data/Utility/objg20ev.exe/License.txt

Text File | 1999-11-01 | 8KB | 129 lines

SOFTWARE LICENSE

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS
OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, DO NOT INSTALL OR USE THIS SOFTWARE.

The enclosed computer program(s) ("Software") is licensed to you, not sold
to you by Everett Ward Systems.

For use only under the terms of this License, and Everett Ward Systems
reserves any rights not expressly granted to you. You own the media on which
the Software is recorded or fixed, but Everett Ward Systems and its licensors
retain ownership of the Software itself.

1. License. This License allows you to: (a) 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, etc.).

(b) Make one copy of the Software in machine-readable form solely for backup
purposes. Additionally, only so long as the Software is installed only on the
permanent memory of a single desktop computer which is not accessible by
multiple computers and that single desktop computer is used by one user for at
least 80% of the time the computer is in use, that same user may also make a
copy of the Software to use on a portable or home computer which is primarily
used by such user. As an express condition of this License, you must reproduce
on each copy any copyright notice or other proprietary notice that is on the
original copy supplied by Everett Ward Systems.

(c) 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 the accompanying written
materials, provided that the other party reads and agrees to accept the terms
and conditions of this License.

(d) Notwithstanding any other terms in this License, if the Software is
licensed as an upgrade or update, then you may only use the Software to
replace previously validly licensed versions of the same software. You
agree that the upgrade or update does not constitute the granting of a
second license to the Software (i.e., you may not use the upgrade or
update in addition to the software it is replacing, nor may you transfer
the software which is being replaced to a third party).

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 OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE
OR ANY PART THEREOF.

3. Dual Media. Even if this Everett Ward Systems product includes the
Software on more than one medium (e.g., on both a CD and on magnetic disks; or
on both 3.5 inch disks and 5.25 inch disks), you are only licensed to use one
copy of the Software as described in Section 1(a). You may not use the
Software stored on the other medium on another computer or common storage
device, nor may you rent, lease, loan or transfer it to anotheruser except as
part of a transfer pursuant to Section 1(c).

4. Termination. This License is effective until terminated. This License
will terminate immediately without notice from Everett Ward Systems 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, and Sections 6, 7 and 8 will survive any
termination.

5. Export Law Assurances. You may not use or otherwise export or reexport the
Software except as authorized by United States law and the laws of the
jurisdiction in which the Software was obtained. Inparticular, but without
limitation, the Software may not be exported or reexported to (i) into (or to
a national or resident of) any U.S. embargoed country or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nations or the U.S.
Department of Commerce's Table of Denial Orders. By using the Software you
represent and warrant that you are not located in, under control of, or a
national or resident of any such country or on any such list.

6. Limited Warranty. Everett Ward Systems warrants for a period of sixty (60)
days from your date of purchase that (i) the media provided by Everett Ward
Systems, if any, on which the Software is recorded will be free from defects
in materials and workmanship under normal use, and (ii) the Software as
provided by Everett Ward Systems will substantially conform to Everett Ward
Systems' published specifications for the Software. Everett Ward Systems'
entire liability and your sole and exclusive remedy for any breach of the
foregoing limited warranty will be, at Everett Ward Systems' option,
replacement of the media, refund of the purchase price or repair or
replacement of the Software.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY
EVERETT WARD SYSTEMS AND EVERETT WARD SYSTEMS AND ITS
LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND/OR
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE
SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER
THIS SECTION 6 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS
OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE
COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY
EVERETT WARD SYSTEMS' NEGLIGENCE.

7. Limitation of Remedies and Damages. In no event will Everett Ward Systems,
its parent or subsidiaries or any of the licensors, directors, officers,
employees or affiliates of any of the foregoing be liable to you for any
consequential, incidental, indirect or special damages whatsoever(including,
without limitation, 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 orinability to use the Software or
accompanying written materials, regardless of the basis of the claim.

THIS LIMITATION 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 LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. General. This License will be construed under the laws of the State of
Connecticut, 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 been forced to the
maximum extent permissible, and the remaining provisions of this License will
remain in full force and effect. If the Software is supplied to the United
States Government, the Software is classified as "restricted computer
software" as defined in clause 52.227-19 of the FAR. The United States
Government's rights to the Software are as provided in clause 52.227-19 of
the FAR.