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license.txt
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1995-06-11
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CI Software
Attention: The software program and other materials in this
package are provided to you under the terms of the license
agreement below and are not sold to you.
End User License Agreement FOR SAMPLER ONLY
A. License
CI Software and Leif Wennerstrom ("we", "us" or "our"),
provides the Licensee ("you" or "your")
with a computer program ("the Program") and a license. If
you are receiving the Program from an electronic service, we
provide you with a file of the computer program, which contains
a license (either version being called "the Package") and
grants to you a license to use the Package in accordance with
the terms of this Agreement.
B. Intellectual Property
Ownership of the copyright, trademark and all other rights,
title and interest in the Package, as well as any copies,
modifications or merged portions made of the Program shall at
all times remain with us or licensors to us. You must fully
reproduce any copyright or other notices marked on any part of
the Program on all copies of same. This Package is protected
by local and international intellectual property laws, which
apply but are not limited to our copyright, trademark and patent
rights, and by international treaty provisions.
C. User License
(I) You may:
(1) use the Program on an unlimited number of computers;
(2) make additional copies of the Program for distribution,
provided that you do not receive any compensation or other
economic gain in exchange for such copies.
(II) You may not:
(1) make copies of, rent or lease, the Program for compensation;
(2) translate, reverse engineer, decompile or disassemble the
Program; or (3) modify the Program.
D. Warranty
If you are receiving the Program on a diskette supplied by
CI Software, we warrant that the diskette in this Package will be
free from defects in materials and workmanship for thirty (30)
days from the date of delivery to you. If a defect occurs within
that time, return it to us at the address below and we will
replace it at no charge. During the warranty period we may
refuse to honor any claim if the defect has resulted from
accident, abuse or misuse. This remedy is your exclusive remedy
for breach of this warranty.
E. Limitation of Warranties and Liability
EXCEPT FOR THE EXPRESS WARRANTY ABOVE, WE MAKE NO OTHER
WARRANTIES WITH RESPECT TO THE PACKAGE, AND IT IS PROVIDED ON
AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF
THE PACKAGE IS ASSUMED BY YOU. WE SHALL NOT HAVE ANY LIABILITY
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST
DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR CLAIMS BY A
THIRD PARTY, NOR SHALL OUR DIRECTORS, AGENTS, LICENSORS TO US,
EMPLOYEES OR REPRESENTATIVES HAVE SUCH LIABILITY. OUR MAXIMUM
AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY
YOU FOR THE PACKAGE. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION
TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES AND DO NOT PERMIT THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE,
THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
F. Indemnity
You expressly save and hold us, our subsidiaries, agents,
affiliates and licensors to CI Software and Leif Wennerstrom
harmless from any and all liability of any kind or nature whatsoever
to your customers, distributors and third parties which may arise from
your acts under this Agreement.
G. General
(a) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT WITH
RESPECT TO THE PACKAGE AND SUPERSEDES ANY OTHER AGREEMENT OR
DISCUSSIONS, ORAL OR WRITTEN. THIS AGREEMENT MAY NOT BE
CHANGED OR WAIVED EXCEPT BY A WRITTEN AMENDMENT SIGNED BY YOU
AND ONE OF OUR SIGNING OFFICERS. NO OTHER PERSON HAS THE
AUTHORITY ON OUR BEHALF TO CHANGE OR WAIVE THIS AGREEMENT.
(b) A waiver by either party of any term or condition of
this Agreement will not be deemed a waiver of the term for the
future, or of any subsequent breach of it.
(c) The invalidity or unenforceability of any provision of
this Agreement will not affect the validity or enforceability
of any other provision. Such invalid or unenforceable provision
shall be deemed to be severed from this Agreement and the
Agreement shall be construed as if such provision was never
inserted into it.
(d) This Agreement shall be governed and construed in
accordance with the laws of the state of Connecticut, excepting
its conflict of laws provisions.
(e) No action, regardless of form, arising out of this
Agreement, may be brought by you more than two years after the
facts giving rise to the cause of action have occurred, whether
those facts by that time are known to or reasonably ought to
have been discovered by you.
Should you have any questions about this Agreement, of if you
wish to contact us for any reason, please contact in writing
at the following address:
CI Software
44 Davenport Ave
Greenwich, CT 06830