Chip 1999 December/chip12_99.iso/software/shareware/datachart/DChart20.EXE/_SETUP.1/License.txt

Text File | 1998-12-01 | 7.1 KB | 148 lines

ATTENTION: THIS IS A LICENSE, NOT A SALE.  THIS
PRODUCT IS PROVIDED UNDER THE FOLLOWING
LICENSE WHICH DEFINES WHAT YOU MAY DO WITH
THE PRODUCT, AND CONTAINS LIMITATIONS ON
WARRANTIES AND OR REMEDIES.  THIS LICENSE IS
GRANTED BY DATACHART CORPORATION LIMITED FOR
PRODUCTS PURCHASED OUTSIDE OF CANADA AND BY
DATACHART CORPORATION FOR PRODUCT PURCHASED
IN CANADA.

IMPORTANT:  IF YOU DO NOT ACCEPT THE TERMS OF
THIS LICENSE AGREEMENT, THE INSTALLATION
PROCESS WILL BE TERMINATED.  USING THIS PRODUCT
INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE
READ THIS LICENSE AND AGREE TO ITS TERMS.  IF YOU
DO NOT AGREE, AND IF YOU HAVE PURCHASED A
REGISTERED VERSION OF THE PRODUCT, RETURN THE
PRODUCT COMPLETE TO DATACHART CORPORATION
WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT FOR A
FULL REFUND.

LICENSE

A. LICENSE:
DATACHART grants you a license to use the Product in
accordance with the terms of this License.  The copyright and all
other rights in the Product shall remain with DATACHART or its
suppliers.  You must reproduce any copyright or other notice
marked on the Product on all copies you make.

B. YOU MAY:
1. use the Program only on a single computer or network, and only
by a single user at a time regardless of the number of original
copies of the Program included with the Product.  Unregistered
copies of the program may be used for up to 25 demonstration
executions.  Registered copies of the program may be used for an
unlimited number of executions, subject to the other terms of this
license.  If you wish to use the Program for more than one user,
you will need a further license for each additional user;
2. make one copy of the Program for archive or back-up purposes,
and
3. transfer a registered Program or registration information to
someone else, only if you assign all of your rights under this
License, cease all use of the Program, erase or destroy any copy
(including the hard disk copy) made in support of your use of the
Program, and the other person agrees to the terms of this License.
4. if the product is an upgrade from another product, whether from
us or another supplier, you may use or transfer the product only in
conjunction with the upgraded product, unless you destroy it.  The
software and all updates are licensed as a single product and the
updates may not be separated from the software for use by more
than one user at any time.

C. YOU MAY NOT:
1. use the Product or make copies of it except as permitted in this
License;
2. create scandalous, obscene or immoral works using the
computer images included with the Program;
3. publish or distribute the computer images, sound files or fonts
included with the Program as computer images, sound files or
fonts;
4. use any of the computer images related to identifiable
individuals or entities in a manner which suggests their association
with  or endorsement of any product or service;
5. translate, reverse-engineer, decompile or disassemble the
software product, except and only to the extent that such activity is
expressly permitted by applicable law, notwithstanding this
limitation;
6. rent, lease, assign or transfer the Product except as set out
above; or
7. modify the Program or merge all or any part of the Program in
another program.

D. TERM:
This License shall continue for as long as you use the Product.
However, it will terminate if you fail to comply with any of its
terms or conditions.  You agree, upon termination, to destroy all
copies of the Product.  The Limitations of Warranties and Liability
set out below shall continue in force even after any termination.

E. WARRANTY:
If this product is purchased as a registered product on storage
media, we warrant that any storage media provided for this Product
will be free from defects in materials and workmanship for 90 days
from the date you acquire it.  If such a defect occurs, return it to us
at:
   DATACHART
   P.O. Box 679, Station B
   Ottawa, ON
   CANADA   K1P 5P7
and we will replace it free.  This remedy is your exclusive remedy
for breach of this warranty.  It gives you certain rights and you
may have other legislated rights which vary from jurisdiction to
jurisdiction.

F. LIMITATION OF WARRANTIES AND LIABILITY:
Except for the express warranty above, the Product is provided on
an "as is" basis, without any other warranties, or conditions,
express or implied, including but not limited to warranties of
merchantable quality, merchantability or fitness for a particular
purpose, or those arising by law, statute, usage of trade or course
of dealing.  The entire risk as to the results and performance of the
Product is assumed by you.  Neither we nor our dealers or
suppliers shall 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 or damaged data or other commercial or economic loss, even if
we have been advised of the possibility of such damages or they
are foreseeable; or for claims by a third party.  Our maximum
aggregate liability to you, and that of our dealers and suppliers
shall not exceed the amount paid by you for the Product.  The
limitations in this section shall apply whether or not the alleged
breach or default is a breach of a fundamental condition or term, or
a fundamental breach.  Some states/countries do not allow the
exclusion or limitation of liability for consequential or incidental
damages so the above limitation may not apply to you.

G. RESTRICTED RIGHTS:
If this Product is acquired by or for the U.S. Government then it is
provided with Restricted Rights.  Use, duplication, or disclosure by
the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of The Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, or
subparagraphs (c)(1) and (2) of the Commercial Computer
Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-
52.227-86(d) of the NASA Supplement to the FAR, as applicable.
Contractor/manufacturer is DATACHART, P.O. Box 679, Station
B, Ottawa, Ontario, K1P 5P7, Canada.

H. GENERAL:
This License is the entire agreement between us, supersedes any
other agreement or discussions, oral or written and may not be
changed except by a written signed agreement. This License shall
be governed by and construed in accordance with the laws of the
Province of Ontario, Canada for product purchased in Canada and
by the laws of the Canada for product purchased outside of
Canada. If any provision of this License is declared by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, such
provision shall be severed from the License and the other
provisions shall remain in full force and effect. The parties have
requested that this Agreement and all documents contemplated
hereby be drawn up in English.  Les parties aux prΘsentes ont exigΘ
que cette entente et tous autres documents envisagΘs par les
prΘsentes soient rΘdigΘs en anglais.