home *** CD-ROM | disk | FTP | other *** search
- For use by prior licensees of IBM OS/2 and agree with IBM/Ontrack
- (see license below).
-
- Support for Ontrack's Disk Manager on OS/2 2.10, 2.11 and Warp 3.0.
- See the Disk Manager Online Manual (run DM /H) for installation instructions.
-
- NOTE:
- Modifications are only necessary if the Dynamic Drive Overlay is installed.
- If OS/2 Warp Bonus /Full Pack and the IBM1S506.ADD file's date and time stamp
- are 1-15-95 and 9:21p, no updates are necessary.
-
-
- IBM/Ontrack License Agreement No. P94xxx March 14, 1995
-
- Attachment III
-
- Program License Agreement
-
- BEFORE USING THE OS/2 DEVICE DRIVERS, (HEREINAFTER REFERRED TO AS
- THE PROGRAM), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND
- CONDITIONS. USING THE PROGRAM INDICATES YOUR ACCEPTANCE OF THESE
- TERMS AND CONDITIONS.
-
- The PROGRAM is licensed not sold. Ontrack grants you a license for the
- PROGRAM only in the country where you acquired the PROGRAM. You obtain no
- rights other than those granted to you under this license. The term "PROGRAM"
- means the original and all whole or partial copies of the software, including
- modified copies or portions merged into other programs. Ontrack retains the
- title to the PROGRAM. Ontrack has licensed from the owner copyrights in the
- PROGRAM. You are responsible for the selection of the PROGRAM and for the
- installation of, use of, and results obtained from, the PROGRAM.
-
- 1. License
-
- Under this license, you may:
-
- 1) Use the PROGRAM only if you are a licensee of OS/2.
- 2) Use the PROGRAM on only one machine at any one time.
- 3) Copy the PROGRAM only for backup or in order to modify it.
- 4) Modify the PROGRAM and/or merge it into another program as an
- essential utilization of the PROGRAM in conjunction with your
- machine, and;
- 5) Transfer the possession of the PROGRAM to another party.
-
- If you transfer the PROGRAM, you must transfer a copy of this license, all other
- documentation and at least one complete, unaltered copy of the PROGRAM to
- the other party. You must, at the same time, either transfer all your other
- copies of the PROGRAM to the other party or destroy them. Your license
- is then terminated. The other party agrees to these terms and conditions
- by its first use of the PROGRAM.
-
- You must reproduce the copyright notice(s) on each copy, or partial copy of the
- PROGRAM.
-
- Under this license, you may not:
-
- 1) Use the PROGRAM unless you are a licensee of OS/2.
- 2) Use, copy, modify, merge, or transfer copies of the PROGRAM except
- as provided in this license.
- 3) Reverse assemble or reverse compile the PROGRAM, or
- 4) Sublicense, rent, lease, or assign the PROGRAM.
-
- 2. Warranty
-
- THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ONTRACK
- DISCLAIMS ALL WARRANTIES FOR THE PROGRAM, EITHER EXPRESS OR IMPLIED,
- INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
- FITNESS FOR A PARTICULAR PURPOSE.
-
- Some jurisdictions do not allow exclusions of implied warranties, so the above
- exclusions may not apply to you.
-
- 3. Limitation of Remedies
-
- IN NO EVENT WILL ONTRACK BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
- INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES,
- EVEN IF ONTRACK OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGE. IN ADDITION, ONTRACK WILL NOT BE LIABLE FOR ANY
- DAMAGES CLAIMED BY YOU BASED ON ANY THIRD-PARTY CLAIM.
-
- The above limitations of remedies also applies to any developer or supplier of
- the PROGRAM. Such developer and/or supplier is an intended beneficiary of this
- section.
-
- Some jurisdictions do not allow these limitations or exclusions, so they may not
- apply to you.
-
- 4. General
-
- You may terminate your license at any time. Ontrack may terminate your license
- if you fail to comply with the terms and conditions of this license. In
- either event, you must destroy all your copies of the PROGRAM.
-
- You are responsible for payment of any taxes, including personal property taxes,
- resulting from this license.
-
- Neither party may bring an action, regardless of form, more than two years after
- the cause of the action arose.
-
- If you acquire the PROGRAM in the United States, this license is governed by the
- laws of New York. If you acquired the PROGRAM in Canada, this license if
- governed by the laws of the Providence of Ontario. Otherwise this license is
- governed by the laws of the country in which you acquired the PROGRAM.
-