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PC World Komputer 1995 November
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LICENSE.TXT
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1994-02-03
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MaxWare License Agreement
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND
MaxWare. BY USING THESE SOFTWARE PROGRAMS, YOU ARE GREETING TO BECOME
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS
OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE PROGRAM, PROMPTLY DESTROY
THE PROGRAM AND THE OTHER ITEMS THAT ARE PART OF THIS PRODUCT.
1. LICENSE: As a paid and registered user of MaxWare, MaxWare grant a
non exclusive right, without right to sublicense, to use this copy
MaxWare Software (herein after the "SOFTWARE") on a single Computer at a
time. If the computer on which you use the SOFTWARE is a multiuser
server, the Lincense covers only one active user of that single system.
MaxWare reserves all rights
not expressly granted to LICENSEE and retains title and ownership of the
SOFTWARE, including all subsequent copies in any media.
2. COPY: This SOFTWARE and the accompanying written materials are
copyrighted. Unauthorized copying of the SOFTWARE, including SOFTWARE
that has been modified, merged, or included with other software, or of
the written materials is expressly forbidden. You may be held legally
responsible for any copyright infringement that
is caused or encouraged by your failure to abide by the terms of this
License. You may make one duplicate back-up copy of the SOFTWARE. You
must include the copyright notice on the backup copy.
3. USE: As the LICENSE, you may transfer the SOFTWARE from one computer
to another provided that the SOFTWARE is used on only one computer at a
time.
4. SHAREWARE DISTRIBUTION: This license is not necessaried for BBS,
clubs or user groups distributing the software on a SHAREWARE basis,
provideing that the entire programs, copyright notice, accompanying
document, installation program is included in the original distribution
form. You may electronically transfer the SOFTWARE from one computer to
another over a network for SHAREWARE distribution in original form. You
may not modify, adapt, translate, reverse engineer, or create derivative
works based on the SOFTWARE or accompanying written materials.
5. TRANSFER: This registered SOFTWARE is licensed only to you, the
LICENSEE, and may not be transferred to anyone without the prior written
consent of MAXWARE. Any authorized transferee of the SOFTWARE shall be
bound by the terms and conditions of this Agreement. In no event may you
transfer, assign, rent, lease, or sell the SOFTWARE on a temporary or
permanent basis except as expressly provided herein.
6. TERM: This License is effective until terminated. This License will
be terminated automatically without notice from MaxWare if you fail to
comply with any provision of this License. Upon termination you shall
destroy the written materinals and all copies of the SOFTWARE, including
modified copies, if any. This agreement shall be construed and enforced
in accordance with the laws of the State of California.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING THE USER'S
MANUAL) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND BY EITHER
MaxWare OR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
DISTRIBUTION OF THE MaxWare SOFTWARE, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
MaxWare SOFTWARE AND WRITTEN MATERIALS IS WITH YOU. SHOULD THE MaxWare
SOFTWARE AND WRITTEN MATERIALS PROVE DEFECTIVE, YOU (AND NOT MaxWare OR
ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR
DISTRIBUTION OF THE MaxWare SOFTWARE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
LIMITED WARRANTY
As the only warranty under this Agreement, and in the absence of
accident, abuse or misapplication, MaxWare warrants, to the original
LICENSEE Only, the disk(s) on which the software is recorded is free
from defects in materials and workmanship under normal use and service
for a period of ninety(90) days from the date of payment as evidence by
a copy of the Registration. MaxWare's only obligation under this
agreement is to either (a) return payment or (b) replace the disk that
does not meet MaxWare's limited warranty. Any replacement disk will be
warranted for the remainder of the original warranty period or
thirty(30) days, whichever is longer. THIS WARRANTY GIVES YOU LIMITED,
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE
TO STATE.
LIMITATION OF LIABILITY
NEITHER MAXWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
SUCH PRODUCT EVEN IF MAXWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.