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PC World Komputer 1997 February
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PCWK0297.iso
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license.doc
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1995-01-21
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SIMULATION SOFT EXPERT'S PLAIN ENGLISH SHAREWARE LICENSE AGREEMENT
(This file is formatted at 58 lines per page, and can be printed by
copying it to the printer with the command COPY LICENSE.DOC PRN).
(1) Introduction. This agreement explains when and how you may use
both shareware and registered copies of software products from
Simulation Soft Expert. In this agreement:
* "Program" means the Simulation Soft Expert products(s) you have
purchased or obtained for evaluation, including both the software
and the associated documentation and other materials;
* "Shareware Copy" means a copy of the Program distributed by us or
by our authorized agents for evaluation purposes and which is
described as a shareware copy in the Program's sign-on messages;
* "Registered Copy" means a copy of the Program purchased from us
or from a dealer, and which is not described as a shareware copy
in the Program's sign-on messages;
* "we" or "us" means Simulation Soft Expert Inc., a corporation based
in Saint-Laurent, Quebec, CANADA; and
* "you" means the end user of the Program.
(2) Legal Agreement. This is a legal agreement which allows you, the
end user, to use the Program under certain terms and conditions. If
you cannot agree to abide by what this agreement says you should not
use or evaluate the Program.
(3) Copyright. The Program is copyrighted under CANADIAN law, US law
and international treaty provisions. You agree that your use of the
Program is subject to these laws, which prohibit unauthorized copying
or duplication of the Program software, documentation, and other
materials.
(4) Evaluation Period. You may use a Shareware Copy of the Program
for an evaluation period of up to 30 days. The purpose of this
evaluation period is to allow you to determine whether the program
meets your needs before purchasing it. Once the evaluation period has
ended, you agree to either purchase a Registered Copy of the Program,
or to stop using it. If you have ordered a Registered Copy of the
Program from us or from a dealer, you may continue to use your
Shareware Copy beyond the end of the 30-day evaluation period until
your Registered Copy arrives.
(5) Use of the Program. While you are evaluating the Program, you may
use it on as many computers as are required to perform your
evaluation. Your 30-day evaluation period begins when you first
______________________________________________________________________
Simulation Soft Expert License Agreement page 1
install the Program on one or more computers for evaluation purposes.
Once the evaluation period is over and you purchase the program, your
use is subject to the following restrictions:
Individual Copies: You agree not to install and use an individual
Registered Copy of the Program on more than one computer at a time.
However, we agree to an exception to this rule if you meet the
conditions described in the rest of this paragraph. You may
install your individual copy simultaneously on one computer at
work, one computer at home, and one portable computer, if all these
computers are used primarily by the same individual, and there is
NO POSSIBILITY that the computers will be in use at the same time
except while you are actively transferring files between them. If
the Program was purchased by your employer you agree to get your
employer's explicit permission before installing the Program on
multiple systems as described in this paragraph.
Multi-System Licenses and Network Use. You agree to purchase
multiple individual copies or a multi-system license before using
the Program simultaneously on more than one computer. When you
purchase a multi-system license you agree not to use the Program on
more computers than the number included in your license, as shown
on your invoice, the program sign-on screen, or other documents
from us. You may install the Program on computers attached to a
network, or remove it from one computer and install it on a
different one, provided there is NO POSSIBILITY that your copy will
be installed or used on more computers than it is licensed for. If
you have a network, you don't need to include every computer
attached to the network in your license, but you must include every
computer on which the Program is installed or used, regardless of
whether the user of the computer happens to know that the Program
is in use on their system. If you have single computers which
allow multiple users to use the Program simultaneously, you must
count each keyboard or terminal separately when determining how
many computers are using the Program.
(6) Making and Distributing Shareware Copies of the Program. You may
make copies of your Shareware Copy of the Program to give to others,
as long as you include all of the files that you originally received
with your Shareware Copy, as listed in the README.DOC file included
with your Shareware Copy. When you give a Shareware Copy of the
Program to another person, you agree to inform them that their copy is
to be used for a time limited evaluation period, and that they must
purchase a Registered Copy if they continue to use the Program once
the evaluation period has ended. You agree not to sell Shareware
Copies of the Program or distribute them to others for any kind of
compensation or fee unless you are a shareware disk vendor approved by
the US-based Association of Shareware Professionals, are a non-profit
User Group, or have received written permission from us; and your
permission to distribute the Program has not been revoked by us; and
you charge a fee of US $5 or less per copy (excluding shipping
costs). You also agree not to sell printed copies of any
______________________________________________________________________
Simulation Soft Expert License Agreement page 2
documentation for the Program under any circumstances.
(7) Copying Registered Copies of the Program. When you receive a
Registered Copy of the Program you may make copies of the Program
software which are necessary for normal backup purposes. However you
agree not to make any copies of the printed manual(s) which come with
the Program without explicit written permission from us. You also
agree not to give your Registered Copy of the Program to others for
any purpose. This means that you may not sell or give away copies of
a Registered Copy of the Program or any part of it in any way,
including bundling or re-selling the Program with your own software,
or placing such a copy of the Program in any disk library or on any
bulletin board or electronic service.
(8) Operation of the Program. Simulation Soft Expert's products are
powerful programs. While we have attempted to build in reasonable
safeguards, if you do not use them properly you may destroy files or
cause other damage to your computer software and data. You assume
full responsibility for the selection and use of the Program to achieve
your intended results.
(9) LIMITED WARRANTY: The following limited warranty applies to
Registered Copies of the Program. It is included here so you
understand what your warranty will be when you purchase a Registered
Copy. This warranty does NOT apply to Shareware Copies of the
Program.
Physical Defects. We pledge that the disks and manuals we send you
will arrive free of physical defects which interfere with normal
use. If you find such a defect and report it to us within 90 days
after you purchase the Program, we agree to replace the defective
item(s) at no charge to you as long as the defect was not caused by
misuse or abuse.
Bugs and Program Errors. We don't promise that the Program will be
free of bugs or program errors, and you agree that bugs or program
errors will not be considered "physical defects" in the program.
We agree that if you report a program error or bug to us, we will
use our best efforts to correct it. We also agree that if we can
verify and correct the error you report, and we then issue a
maintenance release for the Program which includes the correction,
we will send you a copy of that maintenance release at no charge if
you request it. However we will only do this for maintenance
releases, not for new major releases or other new versions of the
Program.
______________________________________________________________________
Simulation Soft Expert License Agreement page 3
(10) DISCLAIMERS AND LIMITATIONS. And now the legal language we
couldn't avoid:
DISCLAIMER FOR SHAREWARE COPIES. YOU ARE NOT PAYING FOR THE TRIAL
USE LICENSE FOR YOUR SHAREWARE COPY OF THE PROGRAM. ACCORDINGLY
THE SHAREWARE COPY IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY
KIND.
DISCLAIMER FOR REGISTERED COPIES. EXCEPT FOR THE LIMITED
WARRANTY STATED ABOVE FOR REGISTERED COPIES OF THE PROGRAM, WE
DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR
WRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY ABOVE GIVES
YOU SPECIFIC LEGAL RIGHTS, BUT YOU MAY HAVE OTHER RIGHTS, WHICH
VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW A LIMITATION ON
HOW LONG A WARRANTY LASTS, SO SUCH LIMITATIONS MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY FOR SHAREWARE AND REGISTERED COPIES. IN NO
EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF USE OF THE PROGRAM OR
YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION ANY OR ALL
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION OR ANY PECUNIARY LOSS, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. THE REFUND, REPLACEMENT AND ATTEMPTED REPAIR REMEDIES FOR
REGISTERED COPIES STATED IN THE "LIMITED WARRANTY" SECTION ABOVE
SHALL BE YOUR SOLE REMEDY FOR ANY AND ALL PROGRAM DEFECTS, PROGRAM
ERRORS, OR DOCUMENTATION ERRORS.
______________________________________________________________________
Simulation Soft Expert License Agreement page 4