PC World Komputer 1999 mARCH/PCWK3A99.iso/Pcwktxt/Y2k/Y2kdiag/Y2KDIAG.ZIP/LICENSE.TXT

Text File | 1998-04-08 | 9KB | 169 lines

1.    NOTICE.  READ THIS AGREEMENT CAREFULLY.  WE ARE WILLING TO
LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT
ALL OF THE TERMS CONTAINED IN THIS END-USER LICENSE AGREEMENT.  YOU
ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE BY CLICKING THE ICON
LABELED "I ACCEPT" THAT IS DISPLAYED BELOW.  IF YOU DO NOT AGREE TO
THIS LICENSE, CLICK THE ICON LABELED "I DECLINE," IN WHICH CASE THE
INSTALLATION WILL BE ABORTED.

2.    Ownership and License.  This is a license agreement and NOT
an agreement for sale.  We continue to own the copy of the computer
programs, documentation, data, and other content transmitted to you,
and all other copies that you are authorized by this Agreement to
make (the "Software").  Your rights to use the Software are specified
in this Agreement, and we retain all rights not expressly granted to
you in this Agreement.  Nothing in this Agreement constitutes a waiver
of our rights under U.S. or international copyright law or any other
federal or state law.

3.    Permitted Uses.  You are granted the following rights to the
    Software:

    Right to Install and Use.  You may install and use the Software
on one single-user computer in your possession.  The Software is "installed"
on a computer when it is placed on a computer's hard disk, CD-ROM, or other
secondary storage device.  The Software is "in use" on a computer when it is
executed or loaded into the computer's RAM or other primary memory.  You may
not under any circumstances have the Software installed or in use on two or
more computers at the same time.

    Notwithstanding the preceding paragraph, if you use this Software
solely for business purposes, and permanently install it on a standalone
computer located at your place of business, the person who is the primary
user of that computer may also install and use the Software on his or her
portable or home computer, so long as the Software is not used on both
computers at the same time.

You may not install the Software on a network server.

4.    Prohibited Uses.  You may not, without written permission from us:

    (a)    Use, copy, modify, merge, or transfer copies of the Software except as
        expressly authorized in this Agreement;

    (b)    Use any back-up or archival copies of the Software (or allow someone else
        to use such copies) for any purpose other than to replace an original
        copy if it is destroyed or becomes defective;

    (c)    Disassemble, decompile or "unlock," reverse translate, or in any manner
        decode the Software for any reason;

    (d)    Place the Software onto a server so that it is accessible via a public
        network such as the Internet; or

5.    LIMITED WARRANTY

    (a)    Limited Warranty.  We warrant that, for 30 days from the date you
        acquired it from us or our authorized dealers (1) the Software will
        perform substantially in accordance with the user documentation
        accompanying the Software, and (2) the media on which the Software is
        provided to you will be free from defects in materials and workmanship
        under normal use and service.

    (b)    Exclusive Remedies.  Our entire liability and your sole and exclusive
        remedy for breach of the foregoing warranty shall be, at our option, to
        either (1) return the price you paid, or (2) repair or replace the
        Software or media that does not meet the foregoing limited warranty if
        it is returned to us with a copy of your receipt.  This limited warranty
        is void if failure of the Software is caused by accident, abuse, or
        violation of this license agreement.  Any replacement Software will be
        warranted as above for the remainder of the original warranty period, or
        thirty (30) days from the date we ship it to you, whichever is longer.

    (c)    WARRANTY DISCLAIMER.  WE DO NOT WARRANT THAT THIS
        SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS
        OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO
        THE EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM
        ALL EXPRESS WARRANTIES NOT STATED HERE AND ALL
        IMPLIED WARRANTIES, INCLUDING THE IMPLIED
        WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
        PARTICULAR PURPOSE.  IF THIS SOFTWARE QUALIFIES AS
        A "CONSUMER PRODUCT" UNDER THE MAGNUSON-MOSS
        WARRANTY ACT, ANY IMPLIED WARRANTIES ARE LIMITED
        TO 30 DAYS FROM THE DATE YOU ACQUIRED THE SOFTWARE
        FROM US OR FROM OUR AUTHORIZED DEALER, AND
        THEREAFTER ANY IMPLIED WARRANTIES ARE EXPRESSLY
        DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS
        ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
        LIMITATION MAY NOT APPLY TO YOU.

        This limited warranty gives you specific legal rights, and you may also
        have other legal rights which vary from State to State.

    (d)    Warranty inquiries may be sent to:
        SecureNet Technologies, Inc.,
        19105 36th Ave. West, Suite 207, Lynnwood, WA  98036

6.    LIMITATION OF LIABILITY.  OUR LIABILITY TO YOU FOR ANY
    LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT
    EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE.
    IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL,
    INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS
    OF PROFITS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
    OF SUCH    DAMAGES.

    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
    INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
    OR EXCLUSION MAY NOT APPLY TO YOU.

7.    United States Government Restricted Rights.  This section applies to all
    acquisitions of the Software by or for the federal government.  By accepting
    delivery of the Software, the government hereby agrees that the Software
    qualifies as "commercial" computer software as that term is used in the
    acquisition regulations applicable to this procurement and that the
    government's use and disclosure of the Software is controlled by the terms
    and conditions of this Agreement to the maximum extent possible.  This
    Agreement supersedes any contrary terms or conditions in any statement of work,
    contract, or other document that are not required by statute or regulation.
    If any provision of this Agreement is unacceptable to the government, Vendor
    may be contacted at SecureNet Technologies, Inc., 19105 36th Ave. West, Suite
    207, Lynnwood, WA  98036.  If any provision of this Agreement violates applicable
    federal law or does not meet the government's actual, minimum needs, the
    government agrees to return the unused Software for a full refund.

    The following statement applies only to procurements governed by DFARS Part 227.4
    (OCT 1988):  The enclosed Software is provided with Restricted Rights -- Use,
    duplication, or disclosure by the U.S. Government or any of its agencies or
    instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii)
    [or (i)] of the Rights in Technical Data and Computer Software clause at DFARS
    252.227-7013 (OCT 1988).  Contractor Manufacturer is SecureNet Technologies, Inc.

8.    Export Controls.  You acknowledge that the Software is subject to the export
control laws and regulations of the United States and any amendments thereof.  You agree that
you will not directly or indirectly transfer the Software except in compliance with all
applicable U.S. export laws and regulations.

9.    Termination.  This Agreement is effective until terminated.  You may terminate
this Agreement at any time by destroying all copies of the Software in your possession or by
returning all such copies to us.  This Agreement and your right to use this Software
automatically terminate if you fail to comply with any material provision of this Agreement.
Your license to use this Software also terminates if you assign this Agreement to someone else.
Upon termination, you must stop all use of the Software and must destroy any copies that remain
in your possession.  Otherwise, the restrictions on your rights to use the Software will end upon
expiration of the copyright to the Software.

10.    Miscellaneous Provisions.  This Agreement will be governed by and construed
according to the substantive laws of Washington.  This is the entire agreement between us
relating to the Software and supersedes any prior purchase order, communication, advertising, or
representation concerning the Software.  No change or modification of this Agreement will be
valid unless it is in writing and is signed by us.

Canadian Transactions: If you acquired this Software in Canada, you agree to the following:

    The parties hereto have expressly required that the present Agreement and its
Exhibits be drawn up in the English language./  Les parties aux presentes ont expressement
exige que la presente convention et ses Annexes soient redigees en langue anglaise.


    If you have any questions about this Agreement, write to us at SecureNet
Technologies Inc., 19105 36th Ave. W. Suite 207, Lynnwood, WA  98036 or call us at
[phone]

    Based on recent case law, there may be an issue over the ability of a software
publisher to prohibit decompilation or disassembly.  This is also an issue for software
marketed in the European Union.  See discussion below in Part III, Section 4, Paragraph C.



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