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- LOTUS SOFTWARE AGREEMENT
- LOTUS WEBLICATOR
-
-
- IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT
- INSTALL THE SOFTWARE.
-
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- 1. USE
-
- You (an entity or a person) may use the accompanying software
- products (the "Software"), in the quantity purchased, subject to
- the terms of this agreement. In addition you may make one (1)
- archival copy of the Software. You must acquire one copy of the
- Software for each user.
-
-
- Upgrades and Trade-ups
-
- If the Software is an upgrade or a trade-up, you are authorized
- to use the Software only if you are an authorized user of a
- qualifying product as determined by Lotus and provided you (i)
- either delete the qualifying product or install the new product
- on the same computer or network as the qualifying product and
- (ii) do not transfer the qualifying product to any other person.
-
-
- 2. RESTRICTIONS
-
- Except as expressly authorized by this Agreement or the Release
- Notes, you may not alter, merge, modify or adapt the Software in
- any way including reverse engineering, disassembling or
- decompiling. You may not loan, rent, lease or license the
- Software or any copy. However, you may transfer the Software on
- a permanent basis provided you transfer the Software, this
- Software Agreement and all documentation and media and you do
- not retain any copies. Any transfer of the Software must
- include the most recent update and all prior versions. If the
- Software is demonstration and evaluation ("D&E") software, you
- may not transfer the Software for commercial purposes.
-
-
- 3. INTELLECTUAL PROPERTY RIGHTS
-
- All intellectual property rights in the Software and user
- documentation are owned by Lotus or its suppliers and are
- protected by United States and Canadian intellectual property
- laws (including patent, trademark and copyright laws), other
- applicable intellectual property laws, and international treaty
- provisions. Lotus retains all rights not expressly granted.
-
-
- 4. ADOBE TYPE MANAGER SOFTWARE
-
- If your Software contains Adobe Type Manager ("ATM") you may
- install and use ATM software on up to three (3) computers.
- Outline Fonts: You agree that you will use the Outline Fonts to
- reproduce and display typefaces solely for your own customary
- business or personal purposes on (i) one printer which either
- contains a Postscript language interpreter or is attached to a
- central processing unit which utilizes ATM or the Display
- Postscript System from Adobe and (ii) one or more workstations
- utilizing ATM. Except as described in this paragraph, the Lotus
- Software Agreement (including the Limited Warranty and U.S.
- Government Restricted Rights) will apply to the ATM Software.
-
-
- 5. LIMITED WARRANTY
-
- For ninety (90) days from your date of purchase, Lotus warrants
- that (i) the Software will substantially conform to the
- applicable user documentation and (ii) that the magnetic media
- on which the Software is distributed and the user documentation
- (if any) are free from defects in materials and workmanship.
- Lotus will, at its option, refund the amount you paid for the
- Software or provide you with corrected items at no charge
- provided that the defective item(s) is returned to Lotus within
- ninety (90) days from the date of purchase. Any misuse or
- unauthorized modification of the Software will void this limited
- warranty.
-
-
- Except as specifically provided herein, Lotus makes no warranty,
- representation, promise or guarantee, either express or implied,
- statutory or otherwise, with respect to the Software, user
- documentation or related technical support, including their
- quality, performance, merchantability or fitness for a
- particular purpose.
-
-
- The warranty and remedies set forth herein are exclusive and in
- lieu of all others, oral or written, express or implied. No
- Lotus dealer, distributor, agent or employee is authorized to
- make any modification or addition to this warranty. This
- warranty gives you specific legal rights, and you may also have
- other rights which vary from state to state.
-
-
- 6. LIMITATION OF LIABILITY
-
- Because software is inherently complex and may not be completely
- free of errors, it is your responsibility to verify your work
- and to make backup copies, and Lotus will not be responsible for
- your failure to do so. In no event will Lotus be liable for
- indirect, special, incidental, tort, economic, cover or
- consequential damages arising out of the use of or inability to
- use Lotus products or services, including, without limitation,
- damages or costs relating to the loss of profits, business,
- goodwill, data or computer programs, even if advised of the
- possibility of such damages. In no case shall Lotus' liability
- for money damages exceed the amount paid by you for the Software
- out of which such claim arose. The foregoing limitations shall
- not apply to claims relating to death or personal injury which
- arise out of products deemed to be consumer goods under
- applicable law. Some states or provinces do not allow the
- exclusion or limitation of implied warranties or limitation of
- liability for incidental or consequential damages, so the above
- exclusion or limitation may not apply to you.
-
-
- 7. U.S. GOVERNMENT RESTRICTED RIGHTS
-
- The Software and/or user documentation are provided with
- RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure
- by the Government is subject to restrictions as set forth in FAR
- 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR
- 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June
- 1988), as applicable. Contractor/Manufacturer is Lotus
- Development Corporation, 55 Cambridge Pkwy., Cambridge, MA
- 02142. In the event the Government seeks to obtain the Software
- pursuant to standard commercial practice, this software
- agreement, instead of the noted regulatory clauses, shall
- control the terms of the Government's license.
-
-
-
- 8. GENERAL
-
- The export of the International Version of Lotus Notes and other
- Lotus products is governed by the U.S. Department of Commerce
- under the export administration regulations and by Canadian
- export regulations. The export of the North American Version of
- Lotus Notes is governed by the U.S. Department of State under
- the International Traffic in Arms Regulations. It is your
- responsibility to comply with all such regulations.
-
-
- More Information: Should you have any questions concerning this
- Agreement or Lotus' software use policies, write to Inside Sales
- and Service, Lotus Development Corporation, 55 Cambridge
- Parkway, Cambridge, MA 02142, or, in the United States, call
- 1-800-343-5414.
-
-
-
-
- IF YOU DO NOT AGREE WITH THE ABOVE TERMS AND CONDITIONS, DO NOT
- INSTALL THE SOFTWARE.
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