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PC World Komputer 1999 mARCH
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PCWK3A99.iso
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LICENSE.TXT
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1998-08-19
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____________________________________________________________________
THE SANTA CRUZ OPERATION
SOFTWARE LICENSE AGREEMENT
IMPORTANT, READ CAREFULLY ALL TERMS AND CONDITIONS OF THIS
SOFTWARE LICENSE AGREEMENT ("LICENSE") WHICH IS INCLUDED WITH THE
PRODUCT OR WHICH APPEARS AS PART OF INSTALLATION OF THE SOFTWARE.
BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
LICENSE AGREEMENT AND UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE IN ANY MANNER AND
IMMEDIATELY RENDER IT UNUSEABLE; AND IN THE CASE OF PACKAGED
PRODUCT, RETURN THE MEDIA PACKAGE AND THE ACCOMPANYING ITEMS
(INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO
THE PLACE YOU OBTAINED THEM.
There may be provided with the Product free software which is
governed by the GNU Public License or the Artistic License which
the software owner requires to be read and accepted before using.
YOU UNDERSTAND AND AGREE THAT THIS FREE SOFTWARE IS NOT PART OF
THE PRODUCT AND SCO MAKES NO WARRANTIES OF ANY KIND EXPRESSED OR
IMPLIED WITH RESPECT TO SUCH FREE SOFTWARE.
SCO OPTIONAL MAINTENANCE:
SCO may, at its discretion, notify You of Updates that SCO may
periodically make generally available for the Product, but only if
you have completed and returned the Registration Card or
Registered electronically. At your request, SCO, directly or, at
SCO's discretion, through its local authorized representative,
will provide you with such Updates, subject to the additional
charges that SCO or its authorized representative may establish.
Such an Update may be used as described under the GRANT Provision
of this Agreement. This Provision will not be interpreted to
require SCO to (i) develop and release Updates or (ii) customize
the Updates to satisfy Your particular requirements. The Updates
will not include any new products that SCO decides to make
generally available as a separately priced upgrade or option.
DEFINITIONS
"Agreement" is the contract between you ("You") and The Santa Cruz
Operation, Inc. ("SCO"), relating to the Product acquired by You.
The Agreement comprises (i) this document, (ii) any additional
terms contained in the Documentation, and (iii) any amendments
agreed by both You and SCO in writing. Such additional terms may
pertain, without limitation, to the following: term, fees and
payment, number of permitted Users, number of permitted CPUs,
registration requirements, restriction on runtime environment and
transfer of Your rights.
"Documentation" is the documentation, including any Certificate of
License and Authenticity (COLA) and/or any registration card that
is supplied for the Software.
"Product" is an SCO offering consisting of any or all of the
following: (i) the Software, (ii) the Documentation, (iii) the
Updates and (iv) any copy of the Software, Documentation or
Updates; to the extent made available by SCO.
"Software" is the machine-readable (object) code portion of the
Product and any human readable code contained on the media.
"Update" is the updates or revisions of the Software or
Documentation that You may receive.
"User" is a person accessing the Software via a local or remote
interactive device, such as a terminal or workstation, except
where such use is exclusive to routing or gateway functions of the
Software.
GRANT
SCO grants You and You accept from SCO, the following limited,
non-exclusive rights. You are not granted any other right in the
Software. All proprietary rights in or related to the Software
are and will remain the exclusive property of SCO or its
licensors. You further acknowledge that the Software contains
confidential information owned by SCO or its licensors and agree
to take reasonable steps to protect the confidentiality of such
information.
You may load, copy or transmit the Software in whole or in part,
only as necessary to enable the Software to be used by up to the
permitted number of Users on the permitted number of computer
systems and CPUs as designated on the Certificate of License and
Authenticity (COLA). You must take reasonable means to assure that
the number of Users does not exceed the permitted number of Users.
You may make archival copies of the Software as required for back-
up purposes.
YOU MAY PRINT OR COPY THE DOCUMENTATION ONLY FOR USE WITH LICENSED
SCO SOFTWARE.
All trademarks, service marks, patents, copyright and other
proprietary notices must be reproduced when making copies in whole
or in part.
You shall not modify, decompile, disassemble, decrypt, extract or
reverse engineer the Software for any purpose. If You wish to
exercise any rights under Article 6.1b of the EC Directive on the
Legal Protection of Software, (Directive 91/250), You shall, in
the first instance, write to SCO's Legal Department.
LIMITED WARRANTY:
SCO warrants that upon Your receipt of the Product and for a
period of 90 calendar days thereafter, the media, if any, on which
the Software is embedded will be free of defects in material and
workmanship under normal use. SCO does not warrant that (i) the
Software and any related Updates will be free of defects, (ii) the
Software will satisfy all of Your requirements or (iii) the use of
the Software will be uninterrupted or error-free.
In case of breach of warranty related to the quality of the media,
You must return at Your expense and no later than 10 days after
the expiration of the warranty period, the Product to SCO or its
local authorized representative, together with a copy of Your
dated Proof of Purchase. SCO or its representative will replace
any defective media, or if not practicable, may terminate this
Agreement and refund to You the amount paid for the Product. You
acknowledge that this Paragraph sets forth Your exclusive remedy
and SCO's exclusive liability for any breach of warranty or other
duty related to the quality of the Product.
LIMITATION OF LIABILITY:
EXCEPT FOR THE SCO WARRANTY SET OUT ABOVE, OR OTHERWISE EXPRESSLY
PROVIDED IN A SEPARATE AGREEMENT WITH SCO OR YOUR SUPPLIER, ALL
WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND
GUARANTEES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR
IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS
BY SCO, ITS LICENSORS OR REPRESENTATIVES OR OTHERWISE (INCLUDING,
BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND
DISCLAIMED. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY
TO COUNTRY.
UNDER NO CIRCUMSTANCES WILL SCO OR ITS LICENSORS OR
REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR
UNFORESEEABLE, BASED ON YOUR CLAIMS OR THOSE OF YOUR CUSTOMERS
(INCLUDING BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL,
PROFITS, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE
OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF
OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR
IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION,
NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN
THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT
APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL THE
AGGREGATE LIABILITY WHICH SCO OR ITS LICENSORS MAY INCUR IN ANY
ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU
FOR THE SPECIFIC PRODUCT THAT DIRECTLY CAUSED THE DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF
LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXPORT RESTRICTIONS:
You acknowledge that the Product and the media are subject to
export controls under the U.S. Export Administration Regulations
and the export regulations of other countries. You may not export
or re-export, directly or indirectly, the Product, the media, or
any related technical information or materials unless you have
obtained an appropriate authorization from the U.S. Commerce
Department and any other relevant government authority.
U.S. GOVERNMENT RESTRICTED RIGHTS:
When licensed to a U.S., State, or Local Government; all Software
produced by SCO is commercial software as defined in FAR 12.212,
and has been developed exclusively at private expense. All
technical data, or SCO commercial computer software/documentation
is subject to the provisions of FAR 12.211 - "Technical Data", and
FAR 12.212 - "Computer Software" respectively, or clauses
providing SCO equivalent protection in DFARS or other agency
specific regulations.
Manufacturer: The Santa Cruz Operation, Inc., 400 Encinal Street,
Santa Cruz, CA 95060
TERM AND TERMINATION:
This license shall remain in effect until terminated as set forth
herein. You may terminate this Agreement, without right to
refund, by notifying SCO of such termination. SCO may terminate
this Agreement, upon reasonable notice and without judicial or
administrative resolution, if You or any of Your employees or
consultants breach any term or condition hereof.
Upon the termination of this Agreement for any reason, all rights
granted to you hereunder will cease, and You must promptly
(i) purge the Software and any related Updates from all your
computer systems, storage media and other files, (ii) destroy the
Products and all copies thereof and (iii) deliver to SCO an
affidavit which certifies that you have complied with these
termination obligations.
ASSIGNMENT:
Subject to Your compliance with the Export Restrictions Provision
above, You may assign this Agreement and permanently transfer the
Products to a third party, but only if You promptly send SCO an
affidavit signed by both You and Your assignee that (i) sets forth
Your assignee's name and address, (ii) identifies the Product
being assigned (including name, release number and serial number)
(iii) identifies the manufacturer and serial number of the
computer system on which Your assignee will load and use the
Software and any related Updates, (iv) acknowledges that Your
assignee will comply with the terms and conditions of this
Agreement and (v) certifies that You have fulfilled item (i) of
the Termination Section above and have not retained any Products
or copies thereof. Except as provided above, You may not assign,
sublicense, rent, lend, lease, pledge or otherwise transfer or
encumber the Products, this Agreement or Your rights or
obligations hereunder without SCO's prior approval.
HIGH RISK USAGE:
The Product may include JAVA based technology. This technology is
not designed or intended for use in on-line control of aircraft,
air traffic, aircraft navigation or aircraft communications; or in
the design, construction, operation or maintenance of any nuclear
facility. SCO's disclaimer of any express or implied warranties as
stated above applies to such uses as well as all others. You
agree that You will not knowingly use the technology for such
purposes.
MISCELLANEOUS:
All notices or approvals required or permitted under this
Agreement must be given in writing. Any waiver or modification of
this Agreement will not be effective unless executed in writing
and signed by SCO. This Agreement will bind your successors-in-
interest. This Agreement is governed by the laws of the State of
California, U.S.A. If any provision of this Agreement is held to
be unenforceable, in whole or part, such holding will not affect
the validity of the other provisions of this Agreement.