Chip 2001 May/W2KPRK.iso/apps/crystal/disk1/license.txt

Text File | 1999-08-23 | 14KB | 312 lines

-IMPORTANT-
Read This Carefully Before Installing The Software
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND
SEAGATE SOFTWARE, INC.   BEFORE CONTINUING
WITH THE INSTALLATION OF THE PROGRAM, YOU
MUST READ, ACKNOWLEDGE AND ACCEPT THE
TERMS AND CONDITIONS OF THE SOFTWARE
LICENSE AGREEMENT WHICH FOLLOWS. THE
SOFTWARE LICENSE AGREEMENT MAY ALSO BE
FOUND IN THE SEAGATE SOFTWARE LICENSE
BOOKLET OR USERÆS MANUAL CONTAINED IN
YOUR WRITTEN MATERIALS. WHEN PROMPTED,
PLEASE INDICATE WHETHER YOU ACCEPT OR DO
NOT ACCEPT.  IF YOU DO NOT ACCEPT THE TERMS
AND CONDITIONS OF THE SOFTWARE LICENSE,
YOU MAY  RETURN THE MEDIA PACKAGE AND ALL
ACCOMPANYING ITEMS (INCLUDING WRITTEN
MATERIALS AND BINDERS OR OTHER
CONTAINERS), TO THE PLACE YOU OBTAINED
THEM FOR A FULL REFUND; OR YOU MAY WRITE,
LICENSING DEPARTMENT, P.O. BOX 67427, SCOTTS
VALLEY, CA 95067.


SEAGATE SOFTWARE LICENSE

1. GRANT OF LICENSE.  Seagate Software, Inc.
(ôSeagateö), grants to you, the end user, a personal,
nonexclusive license to use a single copy of this software
program, including any updates, additional modules, or
additional software provided by Seagate in connection
therewith (the ôSoftwareö), solely for your own use, and
solely in  accordance  with the terms and conditions of
this license agreement.  You may copy the Software into
the memory of any computer, solely as necessary to use
the Software in accordance with this license agreement.

2.   INSTALLATION AND USE.  Seagate Crystal
Reports 6.0 is licensed to you in one of five potential
configurations:  (1) Single User License (2) Multiple User
License (3) Upgrade License (4) Evaluation License and
(5) OEM License.  You may install and use (in the
manner provided) only those configuration(s) for which
you have obtained a license. Licenses for Seagate Crystal
Reports 6.0 are individual named user licenses. No
license may be shared, in any capacity, by more than
one individual end user.

(1) Single User License.  You may install and
use a single copy of the Software on a single
computer.  You may access the Software
from a hard disk, over a network, or by any
other method; strictly in accordance with
the terms hereof.  You may use each
licensed copy of the Software only on a
single computer.

(2) Multiple User License.  You must acquire
additional user licenses (ôLAN Pak(s)ö)
for additional users to use the Software on a
network. The number of additional user
licenses acquired with any LAN Pak are
acquired in such numbers and on such terms
as set forth in the documentation
accompanying the Software.  You may have
as many copies of the Software in use on a
network as are specifically authorized in the
Software documentation.  Seagate grants you
a nonexclusive license to use one copy of the
Software on a single computer for each of,
and up to the total number of, licenses you are
acquiring. You may access the Software from
a hard disk, over a network, or by any other
method; strictly in accordance with the terms
hereof.
(3) Upgrade License.  You may use one copy of
the Software on a single computer, provided
that (a) you have a valid license to use and are
upgrading an earlier version of the Software
or (b) you have a valid license to use and are
upgrading one of an approved list of third
party software products, which includes or
ôbundlesö an earlier version of the Software
or (c) you have a valid license to use and are
upgrading one of an approved list of third
party general-purpose report writing and/or
database querying products which are
generally competitive with the Software.
Acquisition of Upgrade Licenses are expressly
limited to the direct proportional replacement
of earlier version Software licenses or
competitive software licenses owned.
Additional licenses may not be acquired as
Upgrade Licenses.
(4) Evaluation License.  You may use one copy of
the Software on a single computer, for a
period as specified on the Software
packaging; however, not to exceed ninety (90)
days.  You are acquiring only the limited right
to use a single copy of the Software for
evaluation purposes. You are not acquiring
any rights to the Software itself.
(5) OEM License.    If you have acquired the
Software bundled or otherwise provided in
combination with a third party product, you
have acquired an OEM License.  You may use
one copy of the Software on a single
computer.  The Software may only be used in
conjunction with the third party product with
which it was provided.  Accessing data that is
not specifically created or used by the third
party product is in violation of this license.
You may access the Software from a hard
disk, over a network, or by any other method;
strictly in accordance with the terms hereof.
You may use each licensed copy of the
Software only on a single computer.

3. RUNTIME SOFTWARE.  The software files listed in
the software file ôruntime.hlp,ö provided on your
Software media, individually, collectively or in any
combination, constitute Runtime Software. Unless this is
a ôNot for Resaleö or ôEvaluationö copy, Seagate grants
you a Limited Runtime License to reproduce and
distribute exact copies of the Runtime Software, and to
modify, reproduce and distribute the sample
applications made from the original Software media, if
and only if all of the following conditions are satisfied:
(a) you distribute copies of Runtime Software solely for
the purpose of executing specific-purpose application
programs written using an authorized copy of the
Software (b) you remain solely responsible for support,
service, upgrades, and technical or other assistance,
required or requested by anyone receiving such
Runtime Software copies or sample applications (c) you
do not use the name, logo, or trademark of Seagate, or
the Software, without written permission from Seagate
(d) you do not alter, disassemble, decompile, translate,
adapt or reverse-engineer the Runtime Software (e)
Seagate makes no warranty other than the limited
warranty provided to you in this license agreement and
(f) you will defend, indemnify and hold Seagate
harmless against any claims or liabilities arising out of
the use, reproduction or distribution of Runtime
Software copies and/or sample applications.

(1) You may not include the Runtime Software or
sample applications in any general-purpose
report writing and/or database querying
product, or any other product that is generally
competitive with Seagate product offerings; nor
may you use the Runtime Software to create a
product that is generally competitive with
Seagate product offerings. If you wish to
distribute copies of the Runtime Software or
sample applications on other terms, you must
obtain written permission from Seagate.
(2)  "Not for Resale" and "Evaluation" versions of
the Software do not include a Limited Runtime
License, and you may not, therefore, distribute
Runtime Software or sample applications.
(3) Seagate Crystal Reports 6.0 may contain
software components from SeagateÆs suppliers.
This license agreement does not grant you any
right to distribute software components from
these suppliers; including but not limited to,
Microsoft CorporationÆs "JET Files", unless you
have obtained proper authorization from the
appropriate supplier.

4. COPYRIGHT AND COPIES.  The Software
(including any copy thereof), is owned by Seagate or its
suppliers and is protected by United States copyright
and patent laws and international treaty provisions.
The Software copy is licensed, not sold to you, and you
are not an owner of any copy thereof.  You may either
(a) make one copy of the Software solely for backup or
archival purposes, or (b) transfer the Software to a
single hard disk provided you keep the original solely
for backup or archival purposes.  You may not
otherwise copy the Software except as expressly
authorized by applicable law, and you may not copy the
written materials accompanying the Software.  Seagate
hereby reserves all rights not explicitly granted in this
software license agreement.

5. OTHER RESTRICTIONS.  You may not rent or lease
the Software, but you may transfer the Software and
accompanying written materials on a permanent basis
provided you retain no copies and the recipient agrees
to the terms of this Agreement.  If the Software is an
update, any transfer must include the update and all
prior versions.  You may not modify or translate the
Software.  You may not reverse engineer, decompile or
disassemble the Software, except to the extent expressly
authorized by applicable law.

6. DUAL MEDIA.  If the Software package contains
more than one form of media, such as a 3.5ö diskette
and a CD-ROM, then you may use only one of the
media appropriate for your computer or computer
system.  You may not use the other media on another
computer or loan, rent, lease, or transfer them to
another except as part of the permanent transfer (as
provided above), of all Software and written materials.
Notwithstanding the form of media you elect to use,
you may use only the 16 bit or 32 bit version of the
Software, but not both.

7. LIMITED WARRANTY AND REMEDY.  Seagate
warrants the physical media (e.g. diskette(s) or CD-
ROM), and the physical documentation, to be free of
defects in materials and workmanship for a period of  90
days  from the original purchase date.  If Seagate
receives notification within this warranty period of any
such defects and such notification is determined to be
correct, Seagate will, at its sole option and discretion,
repair or replace the media or documentation, or
provide you a full refund.  The foregoing is your sole
and exclusive remedy and states SeagateÆs and its
suppliersÆ entire liability arising out of this warranty.
This limited warranty is void if the damage or defect
has resulted from accident, abuse or misapplication.

8. NO OTHER WARRANTIES.  THE LIMITED
WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF
ALL OTHER CONDITIONS AND WARRANTIES FOR
THE SOFTWARE AND DOCUMENTATION.
SEAGATE AND ITS SUPPLIERS MAKE NO OTHER
CONDITIONS OR WARRANTIES, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, AND EXPRESSLY
DISCLAIM ALL OTHER CONDITIONS AND
WARRANTIES, INCLUDING BUT NOT LIMITED TO
IMPLIED CONDITIONS OR WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT FOR THE
SOFTWARE AND DOCUMENTATION, TO THE
FULLEST EXTENT PERMITTED BY APPLCABLE
LAW.

9. LIMITED LIABILITY.  TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT AND UNDER NO LEGAL THEORY SHALL
SEAGATE OR ITS SUPPLIERS BE LIABLE TO YOU
FOR ANY COSTS OF SUBSTITUTE PRODUCTS, OR
FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE  OR  INDIRECT DAMAGES
OF ANY KIND ARISING OUT OF THE LICENSE OF,
USE OF, OR INABILITY TO USE ANY SEAGATE
SOFTWARE OR DOCUMENTATION, EVEN IF
SEAGATE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.  IN NO EVENT SHALL
SEAGATEÆS OR ITS SUPPLIERSÆ LIABILITY EXCEED
THE LICENSE FEE PAID BY YOU.  THIS LIMITATION
OF LIABILITY AND RISKS IS REFLECTED IN THE
PRICE OF THE SOFTWARE LICENSE.

10. TERM.  This license is effective until terminated.
You may terminate it at any time by destroying the
Software together with all copies, modifications and
merged portions in any form.  It will also terminate
automatically upon your failure to comply with any
term or condition of this Agreement.  In the event of
such termination, you agree to promptly destroy the
Software together with all copies, modifications and
merged portions in any form.

11. MISCELLANEOUS. This is the entire Agreement
between you and Seagate, and supersedes any prior
agreement, whether written or oral, relating to the
subject matter of this Agreement.  The parties disclaim
the application of the United Nations Convention on the
International Sale of Goods.  This Agreement is
governed by the laws of the State of California, U.S.A.,
without reference to conflict of laws principles.  All
disputes arising out of this Agreement shall be litigated
or otherwise resolved exclusively in the state of
California.  You may not export or re-export the
Software or documentation without the appropriate
United States or foreign government licenses.  If any
provision of this Agreement is ruled invalid, such
invalidity shall not affect the validity of the remaining
portions of this Agreement.

12. U.S. GOVERNMENT RESTRICTED RIGHTS.  The
Software and accompanying documentation are deemed
to be ôcommercial computer softwareö and ôcommercial
computer software documentation,ö respectively,
pursuant to DFAR Section 227.7202 and FAR
Section 12.212, as applicable.  Any use, modification,
reproduction release, performance, display or disclosure
of the software and accompanying documentation by
the U.S. Government shall be governed solely by the
terms of this Agreement and shall be prohibited except
to the extent expressly permitted by the terms of this
Agreement.

You must affix the following legend to each copy of the
Software:

Use, duplication, reproduction, or transfer of this
commercial Software and accompanying documentation
is restricted in accordance with FAR 12.212 and DFARS
227.7202 and by a license agreement.  Contact Legal
Department, Seagate Software, P.O. Box 67427, Scotts
Valley, California, 95067 U.S.A.

Please indicate below whether you accept, or do not
accept, the terms and conditions of this software license
agreement.