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NSCLEAN.TXT
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1997-07-08
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NOTE: The following data is provided with the full NSClean32
software package. It is provided here so you can examine our end
user license and policies BEFORE you buy the product:
-------------------------------------------------------------
NSClean Customer information
-------------------------------------------------------------
Thank you very much for purchasing NSClean! If you wish,
please take a moment when you're online to email the author at
kevinmca@nsclean.com so we have a way of contacting you for
upgrades and bugfixes if any should be required. To do this,
please use the word "REGISTER" on the subject: line.
We do not keep a "mailing list" nor will we send you junk
email. We know you are concerned with your privacy and we will
respect it. You may choose not to drop us your email address,
and that's up to you. We also have a web address if you
aren't aware of it where you can check on improvements
yourself without emailing us:
http://www.nsclean.com
There are no "cookies," "scripts" or other types of attempts
to monitor our web page. We don't even count hits. You can be
sure of your privacy when visiting the above URL.
--------------------------------------------------------------
NSCLEAN END USER LICENSE AGREEMENT:
--------------------------------------------------------------
Kevin McAleavey (author of the software) retains all rights
and ownership of the intellectual property provided to you the
user as compiled object code. This means that you are entitled
to use the software as you see fit but all of the work that
went into creating this software remains the property of the
author at all times. It is a violation of this license to
disassemble, reverse engineer or to incorporate any portion of
the code into any other product you or anyone else may
generate. NSClean Privacy Software (Nancy McAleavey) is the
official grantor of these license rights.
In addition, it is a violation of the license to make copies
of the software for anyone else but yourself for your own use.
Backup copies are permissible as desired by the licensee, but
any and all such backups shall remain in licensee's possession
and control at all times and may not be given to anyone else.
Please be aware that the software contains a signature within
which will make us aware of where pirated copies came from so
please don't entertain the thought of handing copies to your
friends.
You are granted the right to install the NSClean files on any
and all personal machines that YOU purchased and own. This
grant is provided SOLELY to individuals for home use. In
addition, individuals may also install NSClean on ONE SINGLE
MACHINE at their place of work under the terms of this license
if permitted to do so by licensee's employer.
BUSINESS users of NSClean are bound by a different
arrangement. In any business use of NSClean, the licensee has
the right to install NSClean on ONE SINGLE MACHINE. This
limitation exists because business purchasers of NSClean are
entitled to site license discounting based on bulk purchase of
the product in quantity.
U.S. GOVERNMENT RESTRICTED RIGHTS: If this product is
acquired under the terms of a (i) Civilian Agency Contract -
use, reproduction or disclosure is subject to FAR 52.227-19(a)
through (d) and restrictions set forth in the accompanying end
user agreement; and (ii) DoD Contract - use, duplication or
disclosure by the Government is subject to the terms of this
license unless superseded by 252.227-7013(c)(1)(ii). The
address of the manufacturer of record can be found at the
bottom of this document.
EXPORTS AND RESALE OF THIS PRODUCT ARE CONTROLLED. You may
not export or reexport the NSClean Software or any underlying
information or technology except in full compliance with all
United States and other applicable laws and regulations. In
particular, but without limitation, none of this Software or
underlying information or technology may be exported or
reexported (i) into (or to a national or resident of) Cuba,
Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or
(ii) to anyone on the US Treasury Department's list of
Specially Designated Nationals or the US Commerce Department's
Table of Deny Orders. You are agreeing to the foregoing and
you are representing and warranting that you are not located
in, under control of, or a national or resident of any such
country or on any such list. Any such violations must and will
be reported to the Commerce Department.
--------------------------------------------------------------
NSCLEAN UPGRADE AND "BUG" POLICY:
--------------------------------------------------------------
It is NSClean's policy to provide bug fixes for our products
at no charge to our customers by return email or for $5.00 if
mailing out a disk is required should a problem occur due to
mistakes or omissions in our code that causes problems. We
cannot however assure that our code will work with browsers
which are released after this version has been released. This
version covers all versions of Netscape up to and including
Communicator 4.01 release. Any future releases of Netscape
are not covered by our "bug fix" free replacement policy as
they do not exist at the time this version has been released.
This applies as well to any "security updates" that might be
released by Netscape for Communicator in the future. It is
not likely that any such changes by Netscape will affect the
operability of this product but we want to be clear with you
that in the event future releases by Netscape make their new
releases incompatible with this product, it is NOT our fault.
NSClean will provide upgrades to our software in the future
at half the regular price to our customers if the need for
the upgrade is not under our control. Such occurances involve
future new versions of the browsers which render them no
longer compatible with the existing designs for which the
NSClean software was designed. Users who choose to upgrade to
a new future version of their browser make these choices on
their own and existing users of NSClean are not in need of
upgrading unless they do so.
NSClean cannot guarantee performance during browser beta
test releases as these are not general releases of the
browser products and are fraught with bugs and unstable
behavior. While NSClean may make upgrade products available
for browsers during their beta releases, we cannot
guarantee that our product will perform on a long term basis
until the "official" releases of upcoming browsers.
Therefore we strongly urge customers not to participate in
browser beta test programs owing to this risk. We will make
every possible effort to support future browsers as soon as
possible but we cannot guarantee compatibility with future
products we have not been able to examine for compatibility.
NSClean is sold only through authorized distributors. Please
contact the place of purchase for information on upgrade
pricing and delivery information. Site license customers
should contact NSClean Privacy Software directly. No retail
sales are provided through NSClean Privacy Software and
orders from individuals must be declined. Please visit our
web site at http://www.nsclean.com for further details.
--------------------------------------------------------------
NSCLEAN LIMITED WARRANTEE:
--------------------------------------------------------------
NSClean is sold with the understanding that NSClean only
adjusts files on an individual's computer where normal copies
of Netscape are installed. The NSClean product cannot control
nor warn of interception of your data while you are on the
internet. NSClean therefore cannot be expected to secure your
online connection under any circumstances. Employers and
others have the capability of recording all sites you visit
and actions you take while on the internet without ever
obtaining information from within your machine.
If NSClean fails to work with your copy of Netscape (up to
and including Communicator) you are entitled to a refund of
the total amount submitted if you return the NSClean install
disk to the original place of purchase. Bug fixes if required
for the NSClean product will be provided directly to you
exclusively by email for FREE if you have registered with us
as provided for at the beginning of this file, or will be
offered for a fee of $5.00 if we have to mail a disk to you.
We recommend you avail yourself of the email option since it
is free. If you don't wish to register, it merely makes the
job of verifying that you are a customer a bit more work and
no customer will be refused service if they don't register.
Your email address will not be abused by us in any way and
NSClean does not ever give out customer information to ANYONE.
If you ordered online from one of our dealers, they too are
bound by this agreement not to give out your information to
ANYONE. Our web site similarly gathers no information at all
when you visit. We're in the business of enhancing privacy
and any such tactics would be highly counterproductive.
In order to comply with general business law and to keep our
attorneys happy, the following terms and conditions apply if
the licensee is not willing to abide by the terms and
conditions set forth above:
LIMITED WARRANTY. Kevin McAleavey, the author, warrants that
(a) the NSCLEAN SOFTWARE PRODUCT will perform substantially in
accordance with the accompanying written materials for a
period of ninety (90) days from the date of receipt, and (b)
the magnetic media accompanying the NSCLEAN SOFTWARE PRODUCT
will be free from defects in materials and workmanship under
normal use and service for a period of ninety (90) days from
the date of receipt. Some states and jurisdictions do not
allow limitations on duration of an implied warranty, and thus
the above limitation might not apply to you. To the extent
allowed by applicable law, implied warranties on the NSCLEAN
SOFTWARE PRODUCT and media, if any, are limited to ninety (90)
days.
CUSTOMER REMEDIES. Kevin McAleavey, the author's entire
liability and your exclusive remedy shall be, at the author's
option, either (a) return of the price paid, or (b) repair or
replacement of the NSCLEAN SOFTWARE PRODUCT or media that does
not meet the author's Limited Warranty and which is returned
to the author. This Limited Warranty is void if failure of the
NSCLEAN SOFTWARE PRODUCT or media has resulted from accident
or abuse. Replacement media will be warranted for the
remainder of the original warranty period or thirty (30) days,
whichever is longer.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent
permitted by applicable law, in no event shall Kevin McAleavey
be liable for any 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 Kevin McAleavey has been advised of the possibility of such
damages. Since some states and jurisdictions do not allow the
exclusion or limitation of liability for consequential or
incidental damages, the above limitation might not apply to
you.
NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Kevin McAleavey disclaims all other
warrantees, 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
and accompanying magnetic media. This LIMITED WARRANTEE gives
you specific legal rights. You may have others which vary from
jurisdiction to jurisdiction.
GOVERNING LAW. This license will be governed by the laws of
the State of New York, United States of America as they are
applied to agreements between New York residents entered into
and to be performed entirely within New York. The United
Nations Convention on Contracts for the International Sale of
Goods is SPECIFICALLY DISCLAIMED.
SEVERABILITY. In the event of invalidity of any provision of
this license, the parties agree that such invalidity shall not
affect the validity of the remaining portions of this license.
ENTIRE AGREEMENT. This is the entire agreement between you and
Kevin McAleavey which supersedes any prior agreement or
understanding, whether written or oral, relating to the
subject matter of this license.
The author is NOT an authorized developer for Netscape
Communications Corp. and this product is in no way connected
with the Netscape Browser software or its copyright, trademark
or patent holders. This product was generated without
knowledge of any Netscape trade secrets nor involvement with
anyone who was a party to a Netscape non-disclosure agreement
in a clean-room engineering environment. Algorithms and
operations of NSClean are the intellectual property and
exclusive trade secrets of its author. Any infringements or
replications of the functions of the NSClean product in any
manner will be prosecuted vigorously.
--------------------------------------------------------------
Manufacturer of record:
--------------------------------------------------------------
NSClean Privacy Software
Nancy McAleavey, CEO
89B Barent Winne Road
Selkirk, NY 12158
nancymca@nsclean.com
http://www.nsclean.com
--------------------------------------------------------------
Technical support:
--------------------------------------------------------------
NSClean Privacy Software
Kevin McAleavey, Chief Programmer
89B Barent Winne Road
Selkirk, NY 12158
support@nsclean.com
kevinmca@nsclean.com
--------------------------------------------------------------
Authorized distributors for Europe, Asia and Middle East:
--------------------------------------------------------------
Webtronix(UK) Ltd.
6 Cooper Close
Arnold
Nottingham, United Kingdom
NG5 6SA
44 115 9568823
sales@webtronix.co.uk
--------------------------------------------------------------
Authorized distributors for everywhere else:
--------------------------------------------------------------
Altus Software Marketing
12257 So. Business Park Drive ste. 108
Draper, UT 84020
1-888-282-5887 (9am to Midnight, Mon - Sat)
1-801-576-5663
clean@axxis.com