PC World Komputer 1996 May/PCW596.iso/wtest/clico/sunsoft/pcnfs51/pcnfs51.lzh/LICENSE.TXT

Text File | 1996-03-25 | 7KB | 131 lines

 CAREFULLY READ THE  FOLLOWING LlCENSE AGREEMENT BEFORE OPENING  ANY OF THE
 MEDIA PACKS  THAT CONTAIN THE SOFTWARE  YOU WISH TO LICENSE.  BY OPENING A
 MEDIA PACK YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF
 YOU DO NOT ACCEPT THE TERMS  OF THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE
 PACKAGE FOR A FULL REFUND.

 DEFINITIONS:

 ■EBT means Electronic Book Technologies, Inc.

 ■Software means the computer program contained in this package, and
 all updates to the computer program. The term also includes all copies
 of any part of the computer program.

 ■Documentation means the user's manual(s) and other printed materials
 accompanying the Software.

 ■Product means Software and Documentation.

 LICENSE GRANT: EBT grants you a nonexclusive, nontransferable license
 to:

 ■Use the Software on a single computer, or on an authorized number of
 simultaneous computers in a local area network.

 ■Make one copy  of the Software for the purpose  of (i) using the Software
 on the System; and (ii) for  backup purposes. Except as provided above, no
 right to reprint or copy the Software or Documentation
 in whole or in part is granted.

 ■You shall  not disassemble, decompile  or in any  way attempt to  reverse
 engineer any of the Software. If the provisions of the Council of European
 Communities Directive of May 14, 1991  on the Legal Protection of Computer
 Programs (the "Software Directive") apply to your use of the software, and
 you wish  to obtain the information  necessary to achieve interoperability
 of  an  independently  created  computer  program  with a software product
 licensed hereunder as permitted under  Article 6 of the Software Directive
 (Interoperability Information), you must notify EBT in writing, specifying
 the nature  of the Interoperability  Information you need  and the purpose
 for  which it  will be  used. If  EBT reasonably  determines that  you are
 entitled to such Interoperability Information  under Article 6, EBT shall,
 at  its option,  either (i)  provide such  Interoperability Information to
 you, or  (ii) authorize you to  reverse engineer the Software,  within the
 limits  prescribed by  Article 6,  solely to  the extent  indispensable to
 obtain such  Interoperability Information. If  EBT elects clause  (i), you
 will provide all information and assistance reasonably requested by EBT to
 enable EBT to perform clause (i), and  EBT may charge you a reasonable fee
 determined  at  EBT's  discretion,  for  making  available  the  requested
 Interoperability Information, unless such a fee is prohibited under
 Article 6.
 * You may not sublicense, rent or lease any portion of the Product. If you
 wish  to become  a distributor  for the  Product, please  contact EBT  for
 request terms and conditions.

  COPYRIGHT/PROPRIETARY RIGHTS:

 ■The Product and all copies thereof are proprietary to and the property of
 EBT,  and  title  thereto  remains  with  EBT.  All  applicable  rights in
 copyrights,  trademarks,  trade  secrets  and  other intellectual property
 rights  in  the  Software  and  all  information  relating to the Software
 regardless of its type or form are and will remainin EBT and are protected
 by  the United  States and  international copyright  laws. The license and
 your right  to use the Product  terminate immediately if you  via Iate any
 part of this  agreement. In the event of  termination you must immediately
 destroy all copies of the Product or return them to EBT.

  LIMITED WARRANTY:

 ■EBT warrants  that the media on  which the Software is  distributed to be
 free from defects in materials and  workmanship and that the Software will
 perform substantially in accordance with the Documentation for a period of
 90 days from your receipt of  the Product. Any written or oral information
 given by EBT  dealers, distributors or agents will in  no way increase the
 scope of this warranty.

 * if the Product fails to comply  with the warranty set forth above, EBT's
 entire  liability and  your exclusive  remedy will  be replacement  of the
 disk, or  at EBT.'s option,  EBT's reasonable effort  to make the  Product
 meet the  warranty set forth above.  If EBT is unable  to make the Product
 conform to  the above warranty, EBT  at its option, will  refund the price
 you paid for  the Software. Any replacement Software  is warranted for the
 remainder of the  original 90 day warranty period or  for thirty days from
 the date you received the replacement, whichever is longer.

 ■EBT DlSCLAIMS  ALL OTHER WARRANTIES, EITHER  EXPRESS OR IMPLIED INCLUDING
 BUT. NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR
 A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT

 ■IN NO  EVENT SHALL EBT. BE  LIABLE TO LICENSE OR  ANY THIRD-PARTY FOR ANY
 SPECIAL, DIRECT, INDIRECT, EXEMPLARY  INCIDENTAL OR CONSEQUENTIAL DAMAGES,
 INCLUDING ANY LOST PROFIT OR LOST.  SAVINGS, EVEN IF EBT HAS BEEN ADVISED,
 KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR
 IN CONNECTION WITH EBT'S PERFORMANCE  HEREUNDER OR THE DELIVERY, SALE, USE
 OR INABILITY TO USE OR PERFORMANCE  OF THE SOFTWARE PROVIDED HEREUNDER. IN
 NO  EVENT SHALL  EBT'S LIABILlTY  HEREUNDER BASED  ON ANY  LEGAL THEORY OR
 CAUSE OF ACTIONEXCEED THE TOTAL AMOUNT PAID TO EBT BY LICENSEE.

 GENERAL: This  agreement constitutes the entire  agreement between you and
 EBT  and supersedes  all prior  agreements concerning  the subject  matter
 herein  and  may  not  be  changed  or  terminated  except  by  a  written
 communication. EBT  is not bound by  any provision of any  purchase order,
 receipt, acceptance, confirmation, correspondence  or otherwise unless EBT
 agrees to  the provision in writing.  This agreement shall be  governed by
 the laws of  the State of Rhode Island and  any disputes arising hereunder
 shall be resolved only in the State and Federal courts of Rhode Island.


 ■The United Nations Convention on  Contracts for the International Sale of
 Goods shall not apply to the Agreement.

 ■You acknowledge that shipments of the  Software are subject to the export
 Laws  of the  United States  and that  such laws  could delay  or preclude
 delivery of Software. Notwithstanding anything  else herein, you shall not
 directly or indirectly  export or re-export any Software  from the country
 of purchase, except  to the extent otherwise pennitted  in writing by EBT,
 and  only  after  compliance  with  all  applicable  US and foreign export
 control and  other laws and  regulations (inducing providing  EBT with any
 required assurances regarding export and re-export).

 ■US GOVERNMENT USERS: If SOFTWARE is acquired by or on behalf of an
 entity of the US Government, thefollowing provision applies:
 US GOVERNMENT  RESTRICTED RIGHTS LEGEND Use,  duplication or disclosure of
 SOFTWARE by the government is subject  to restrictions as set forth in FAR
 52.227-19 (c)(2) or  subparagraph (c) of the Rights  in Technical Data and
 Computer  SOFTWARE  clause  at  DFARS  252.227-7013  and/or  in similar or
 successor  clauses  in  the  FAR,  or  the  DOD  or  NASA  FAR Supplement.
 Unpublished rights reserved under the Copyright Laws of the United States.
 Contractor/manu-  facturer  is  ELECTRONIC   BOOK  TECHNOLOGIES,  INC.,  1
 Richmond Square, Providence Rhode Island 02906.