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PC World Komputer 1996 May
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PCW596.iso
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licencja.txt
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1996-03-20
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LICENSE AGREEMENT
---------------------------
NOTICE -- READ THIS BEFORE USING THE SOFTWARE
INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE
INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL
OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO
INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE
TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE.
* * * *
PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE
PROGRAM OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT.
LICENSE: This software program (the "Program") and the
accompanying on-line read-me and help files (the "Documentation")
are licensed, not sold, to you. The term "Program" shall also
include any updates of the Program licensed to you by NetManage.
Subject to the terms of this agreement, you have a non-exclusive
and nontransferable right to use the Program and Documentation
for non-commercial (e.g not for resale or rental or the like),
educational, evaluation or personal purposes only. You may use
this Program on a single computer located in the United States
and its territories or any other country to which this Program is
legally exported. This Program is "in use" on a computer when it
is loaded into the temporary memory (i.e. RAM) or installed into
the permanent memory (e.g. hard drive, CD-ROM or other storage
device) of that computer, except that a copy installed on a
network server for the sole purpose of distribution to other
computers is not "in use." If you permanently install the Program
on the hard disk or other storage device of a computer (other
than a network server) and you use that computer more than 80% of
the time it is in use, then you may also use the Program on a
portable or home computer. You may merge it into another Program
for your use on a single machine. You agree to use your best
efforts to prevent and protect the contents of the Program and
Documentation from unauthorized disclosure or use. NetManage and
its licensors reserve all rights not expressly granted to you.
NetManage's licensors are the intended third party beneficiaries
of this agreement and have the express right to rely upon and
directly enforce the terms set forth herein.
LIMITATION ON USE: You may not rent, lease, sell or otherwise
transfer or distribute copies of the Program or Documentation to
others. You may not modify or translate the Program or the
Documentation without the prior written consent of NetManage. You
may not reverse assemble, reverse compile or otherwise attempt to
create the source code from the Program. You may not use
NetManage's name or refer to NetManage directly or indirectly in
any papers, articles, advertisements, sales presentations, news
releases or releases to any third party without the prior written
approval of NetManage for each such use. You may not release the
results of any performance or functional evaluation of any
Program to any third party without prior written approval of
NetManage for each such release.
BACKUP AND TRANSFER: You may make one copy of the Program for
backup purposes if NetManage's copyright notice is included. You
may not sublicense, assign, delegate, rent, lease, time-share or
otherwise transfer this license or any of the related rights or
obligations for any reason. Any attempt to make any such
sublicense, assignment, delegation or other transfer by you shall
be void. You may physically transfer the Program from one
computer to another provided that you do not retain any copies of
the Program, including any copies stored on a computer.
COPYRIGHT: The Program and related Documentation are copyrighted
by NetManage and its licensors. You may not copy the Program (or
this license) except to provide a backup copy and to load the
Program into the computer as part of executing the Program. You
may make one copy of the Documentation and print one copy of any
on-line documentation or other materials provided to you in
electronic form. Any and all other copies of the Program and any
copy of the Documentation made by you are in violation of this
license.
OWNERSHIP: You agree that the Program and Documentation belong to
NetManage and its licensors. You agree that you neither own nor
hereby acquire any claim or right of ownership to the Program and
Documentation or to any related patents, copyrights, trademarks
or other intellectual property. NetManage and its licensors
retain all right, title and interest in and to the Documentation
and all copies and the Program at all times, regardless of the
form or media in or on which the original or other copies may
subsequently exist. This license is not a sale of the original or
any subsequent copy. All content accessed through the Program is
the property of the applicable content owner and may be protected
by applicable copyright law. This license gives you no rights to
such content.
TERM AND TERMINATION: This license is effective until terminated.
You may terminate this license at any time by destroying the
Program and Documentation and the permitted backup copy. This
license automatically terminates if you fail to comply with its
terms and conditions. You agree that, upon such termination, you
will either destroy (or permanently erase) all copies of the
Program and Documentation, or return the original Program and
Documentation to NetManage, together with any other material you
have received from NetManage in connection with the Program.
DISCLAIMER OF WARRANTY: NETMANAGE AND ITS LICENSORS PROVIDE THE
PROGRAM AND THE DOCUMENTATION "AS IS" WITHOUT WARRANTY OF ANY
KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. Should the Program prove defective, you
and not NetManage assume the entire cost of any service and
repair. This disclaimer of warranty constitutes an essential part
of this agreement.
Some states 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.
LIMITATION OF REMEDIES: IN NO EVENT WILL NETMANAGE OR ITS
LICENSORS BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF
ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM
INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST
PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL
FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM,
EVEN IF NETMANAGE, ITS LICENSORS OR AN AUTHORIZED NETMANAGE
DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
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.
This license will be governed by the laws of the State of
California as applied to transactions taking place wholly within
California between California residents.
EXPORT CONTROLS:The Program and the underlying information and
technology may not be downloaded or otherwise exported or
reexported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, Yugoslavia, North Korea, Iran, Syria or any other country
to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Program, you are agreeing to the
foregoing and you represent and warrant that you are not located
in, under the control of, or a national or resident of any such
country or on any such list.
U.S. GOVERNMENT END USERS: The Program is a "commercial item," as
that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting
of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire the Program with only those rights
set forth herein.
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NETMANAGE
10725 N. DeAnza Blvd., Cupertino, CA 95014 USA
Phone: 408-973-7171, FAX: 408-257-6405
Phone: 408-973-7171, FAX: 408-257-6405
Phone: 408-973-7171, FAX: 408-257-6405
___________________ _______________________ _________
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