Chip 1998 September/CHIP NET Rehberi Eylül 1998.iso/tools/is30eval/IS30AENG/LICENSE.TXT

Text File | 1998-05-18 | 14KB | 255 lines

                 LICENSE AGREEMENT

CAREFULLY READ ALL OF THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT BEFORE USING THE SOFTWARE ("Software")
OR THE HARDWARE ("Hardware"). BY INSTALLING OR USING THIS
PRODUCT, YOU INDICATE YOUR COMPLETE AND UNCONDITIONAL
ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE
PRODUCT FOR A FULL REFUND.

This document is a legal agreement between you and
ARTISOFT, INC. ("ARTISOFT") concerning the use of the
Software and documentation. THIS AGREEMENT CONSTITUTES THE
COMPLETE AGREEMENT BETWEEN YOU AND ARTISOFT.

1. LICENSE: Subject to the terms of this agreement, ARTISOFT
grants to you a non-exclusive, non-transferable personal
license to use the Software in object code form only (and
specifically not in source code form) on the platforms
and on not more than the number of servers/workstations
indicated in your purchase documentation provided the
relevant servers/workstations are part of a single network
installation. If you install or use the Software on more
than the number of servers/workstations indicated in your
purchase documentation, you must purchase a separate copy of
the Software for additional servers/workstations on which the
Software will be operated. A single network installation is
defined as any continuously connected group of not more than
500 servers/workstations on one cabling scheme without
hardware or software bridges or routers. For a network server,
the Software is considered "in use" when any portion of the
Software is either loaded in memory or virtual memory
("Loaded") or stored on a hard disk or other storage device
("Stored"). For single-user computers or workstations
attached to a network, the quantity of the Software "in use"
is considered to be the greater of (i) the maximum number of
computers on which the Software is Loaded at any one time,
or (ii) the maximum number of computers on which the
Software is Stored. On a multi-user computer, the quantity
of Software "in use" is considered to be the maximum
number of user sessions executed at any one time.
If this Software is an upgrade or trade-up from a previous
version, you may use the Software only if you are an
authorized user of a qualifying product as determined by
ARTISOFT. When you install the upgrade, you must delete
the copy of the qualifying product. This Agreement
supersedes any prior version license and governs your use
of the Software. You may use ARTISOFT'S documentation
("Documentation") which includes publications such as the
User's Manual, other reference manuals, programmer guides
and installation guides to assist in the use of the
Software. ARTISOFT and its suppliers retain title to and
ownership of their respective interests in the Software,
any backup copies and any proprietary rights related to
the Software and the Documentation. You may make one (1)
archival copy of the Software for backup provided that you
reproduce all copyright and other proprietary notices that
are on the original copy of the Software provided to you.
You may not copy the Documentation (except where
otherwise specified) or make alterations or modifications
to, merge, adapt, decompile, disassemble, reverse engineer,
copy, create derivative works or attempt to discover the
source code of, or otherwise use the Software except as
provided herein. Title, and ownership right, and
intellectual property rights in and to the Software and the
Documentation is provided for your own internal use under
this agreement. You acknowledge that the Software in source
code form remains a confidential trade secret of ARTISOFT.
The Software and Documentation, or any portion or copy
thereof, may not be sublicensed, time-shared, distributed,
rented, leased, loaned or otherwise transferred, in whole
or part, to third parties. If the Software is demonstration
and evaluation software, you may not transfer the Software for
commercial purposes. The term of this license commences
upon delivery of the Software to you and your acceptance of
this License Agreement. The term is perpetual unless earlier
terminated upon default or as otherwise set forth herein.
Both the license and your right to use the Software and
Documentation terminate automatically if you violate any
part of this Agreement. In the event of termination, you
must immediately destroy all copies of the Software and
Documentation or return them to ARTISOFT.

2. LIMITED WARRANTY: Artisoft warrants that (a) the Software
will perform substantially in accordance with the
accompanying written materials for a period of (90) days
from the date of receipt, and (b) any Hardware
accompanying the Software will be free from defects in
materials and workmanship under normal use and service for
a period of three (3) years from the date of receipt. Any
implied warranties on the Software and Hardware are limited
to ninety (90) days and three (3) years, respectively.
THIS WARRANTY DOES NOT APPLY TO DEFECTS DUE DIRECTLY OR
INDIRECTLY TO MISUSE, ABUSE, NEGLIGENCE, ACCIDENT, REPAIRS
OR ALTERATIONS MADE BY THE CUSTOMER OR ANOTHER PARTY, OR
IF THE ARTISOFT SERIAL NUMBER HAS BEEN REMOVED OR DEFACED.
ARTISOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES,
REPRESENTATIONS, PROMISES AND GUARANTEES, EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, ON THE SOFTWARE, MEDIA,
DOCUMENTATION OR RELATED TECHNICAL SUPPORT INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR
PURPOSE. ARTISOFT WILL NOT BE LIABLE FOR ANY BUG, ERROR,
OMISSION, DEFECT, DEFICIENCY OR NONCONFORMITY IN ANY
SOFTWARE. ARTISOFT DOES NOT WARRANT, HOWEVER, THAT YOUR
USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE
OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR THAT ALL
SOFTWARE ERRORS WILL BE CORRECTED. AS A RESULT, THE
SOFTWARE AND DOCUMENTATION IS LICENSED "AS IS", AND THE
PURCHASER ASSUMES THE ENTIRE RISK AS TO ITS QUALITY
AND PERFORMANCE. ARTISOFT BE OBLIGED TO HONOR THIS WARRANTY
ONLY IF YOU INFORM ARTISOFT OF YOUR PROBLEM WITH THE
SOFTWARE DURING THE APPLICABLE WARRANTY PERIOD. YOU MUST
CONTACT ARTISOFT BY TELEPHONE, FACSIMILE, OR BY LETTER TO
INFORM ARTISOFT OF THE PROBLEM. THIS WARRANTY SHALL NOT
APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH
OPEATING SYSTEMS FOR WHICH THE SOFTWARE IS NOT DESIGNED
TO OPERATE. Some states/jurisdictions do not allow
limitations on duration of an implied warranty, so the
above information may not apply to you.

CUSTOMER REMEDIES. Artisoft's and its suppliers' entire
liability and your exclusive remedy shall be, at
Artisoft's option. either (a) return of the price paid, or
(b) repair or replacement of the Software or Hardware that
does not meet Artisoft's Limited Warranty and which is
returned to Artisoft with a copy of your receipt. This
Limited Warranty is void if failure of the Software or
Hardware has resulted from accident, abuse, or
misapplication. Any replacement Software or Hardware will
be warranted for the remainder of the original warranty
period or thirty (30) days, whichever is longer. Outside
the United States, neither these remedies nor any product
support services offered by Artisoft are available without
proof of purchase from an authorized non-U.S. source.

3. LIMITATION OF LIABILITY: IN NO EVENT WILL ARTISOFT OR
ITS SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL,
CONTINGENT, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY KIND
RESULTING FROM ANY DEFECT IN THE SOFTWARE OR DOCUMENTATION,
INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR SAVINGS,
DAMAGES FROM BUSINESS INTERRUPTION, LOSS OF OR TO DATA,
COMPUTER PROGRAMS, BUSINESS, DOWNTIME, GOODWILL, DAMAGE TO
OR REPLACEMENT OF EQUIPMENT OR PROPERTY, OR ANY COSTS OF
RECOVERING, REPROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA
USED IN CONJUNCTION WITH THE PRODUCTS, EVEN IF ARTISOFT, ITS
SUPPLIERS OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU AGREE THAT ARTISOFT'S AND ITS SUPPLIERS'
LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY
IN TORT OR WARRANTY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR
THIS PRODUCT. ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN
BY ARTISOFT DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL IN
NO WAY INCREASE THE SCOPE OF THIS WARRANTY, NOR MAY YOU RELY
ON ANY SUCH WRITTEN OR ORAL COMMUNICATION. Some jurisdictions
do not allow the limitation or exclusion of implied warranties
or liability for incidental or consequential damages, and some
jurisdictions have special statutory consumer protection
provisions which may supersede this limitation, so the
above limitation or exclusion may not apply to you. This
warranty gives you specific legal rights, and you may also
have other rights which vary from jurisdiction to jurisdiction.

4. SUPPORT: ARTISOFT will attempt to answer your technical
support requests concerning the Software; however, this
service is offered on a reasonable efforts basis only, and
ARTISOFT may not be able to resolve every support request.
ARTISOFT supports the Software only if it is used under
conditions and on operating systems for which the Software
is designed. For support requests, contact ARTISOFT at the
telephone number indicated in the Documentation. IN NO
EVENT WILL ARTISOFT OR ITS SUPPLIERS BE LIABLE FOR
INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL
OR SIMILAR DAMAGES OF ANY KIND RESULTING FROM THE DELIVERY
OF TECHNICAL SUPPORT SERVICES OF ANY KIND. THIS INCLUDES,
BUT IS NOT LIMITED TO, DAMAGE TO YOUR COMPUTER EQUIPMENT
AND THE LOSS OF YOUR DATA.

5. EXPORT LAW ASSURANCES: You acknowledge and agree that
the Software is subject to restrictions and controls imposed
by the United States Export Administration Act (the "Act")
and the regulations thereunder. You agree and certify that,
except with the prior written consent of ARTISOFT and in
accordance with the Act and regulations issued by the Bureau
of Export Administration of the U. S. Department of Commerce,
Washington, D.C. 20230, neither the Software nor any other
technical data received from ARTISOFT, nor the direct product
thereof, will be acquired, shipped, transferred or transmitted,
directly or indirectly, or exported outside the United States
and specifically not to any Group Q, S, W, Y or Z country
specified in Supplement No. 1 to Section 370 of the Export
Administration Regulations issued by the U.S. Department of
Commerce.

6. GOVERNMENTAL RESTRICTED RIGHTS: If you are acquiring the
Software on behalf of any unit or agency of the United States
Government, the following provisions apply: The Government
acknowledges ARTISOFT'S representation that the Software and
its Documentation were developed at private expense and no part
of them is in the public domain. The Software and/or Documentation
are provided with RESTRICTED and limited RIGHTS. Use, duplication
or disclosure by the U.S. Government is subject to restrictions
as set forth in Federal Acquisition Regulations (FAR) 52.227-14
(June 1987) Alternate III (g)(3)(June 1987), subparagraph (c)
(1)(ii) of the Rights in Technical Data and Computer Software
clause at Department of Defense Federal Acquisition Regulations
Supplement (DFARS) 252.227-7013 (June 1988), or the
Commercial Computer Software-Restricted Rights at FAR
52.227-19 (June 1987), as applicable. Contractor/Manufacturer
is Artisoft, Inc., 1 S. Church Ave., Suite 2200, Tucson,
Arizona 85701.

7. TRADEMARK AND COPYRIGHT: ARTISOFT is a registered trademark
of ARTISOFT. The enclosed Software and Documentation are protected
by copyright laws and international treaty provisions and are the
proprietary products of ARTISOFT and its third party suppliers from
whom ARTISOFT has licensed portions of the Software. Such suppliers
re expressly understood to be beneficiaries of the terms and
provisions of this Agreement. All rights not expressly granted are
reserved by ARTISOFT or its suppliers.

8. FORCE MAJEURE: ARTISOFT shall not be liable for any delay
or failure to perform due to any cause beyond its control.
Causes include, without limitation, strike, acts of God, acts of
the purchaser, interruptions of transportation or inability to
obtain necessary labor, materials or facilities. The delivery
schedule shall be considered extended by a period of time equal to
the time lost because of any excusable delay. In the event ARTISOFT
is unable to wholly or partially perform because of any cause beyond
its control, ARTISOFT may terminate this order without any liability
to you.

9. MISCELLANEOUS: This License Agreement represents the complete and
exclusive statement of the agreements concerning this license between
the parties and superseded all prior agreements and representations
between them. It may be amended only by a writing executed by both
parties. the acceptance of any purchase order placed by you for the
Software and/or Documentation is expressly made conditional on your
assent to the terms and conditions set forth herein. ARTISOFT agrees
to furnish the Software and Documentation only upon the terms and
conditions set forth herein, and not on terms that may be contained
in your purchase order. All headings are solely for convenience and
shall not be considered in interpreting this License Agreement. If
any provision of this Agreement is found to be unlawful, void or
unenforceable, then that provision shall be severed from this Agreement
and will not affect the validity and enforceability of any of the
remaining provisions. The laws of the State of Arizona shall govern
this Agreement except as required by U.S. Government Rules and
Regulations to be governed by Federal law.

If you have any questions concerning this Agreement, contact
ARTISOFT at 1 South Church Avenue, Suite 2200, Tucson, Arizona 85701.

Copyright 1998 Artisoft, INC. All rights reserved.