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PC World 1999 February
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PCWorld_1999-02_cd.bin
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A_lock
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121
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1999-02-01
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BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING
THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY
AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF
YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU
DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE
SOFTWARE. IF THE COPY OF THE SOFTWARE YOU RECEIVED
WAS ACCOMPANIED BY A PRINTED OR OTHER FORM OF
"HARD-COPY" END USER LICENSE AGREEMENT WHOSE TERMS
VARY FROM THIS AGREEMENT, THEN THE HARD-COPY END
USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE
SOFTWARE.
A-LOCK SOFTWARE END USER LICENSE AGREEMENT
REDISTRIBUTION OR RENTAL NOT PERMITTED
This Agreement sets forth the terms and conditions of
your use of the accompanying A-Lock software
product(s) (the "Software"). Any third party software
that is provided with the Software with such third
party's license agreement (in either electronic or
printed form) is included for use at your option. If
you choose to use such software, then such use shall
be governed by such third party's license and not by
this Agreement.
This Agreement has 3 parts. Part I applies if you have
a free of charge license to the Software. Part II
applies if you have purchased a license to the Software.
Part III applies to all license grants. If you initially
acquired a copy of the Software free of charge and you
wish to purchase a license, contact PC-Encrypt Inc.
("Licensor") on the Internet at http://www.pc-encrypt.com.
PART I - TERMS APPLICABLE WHEN LICENSE FEES NOT (YET)
PAID (LIMITED TO EVALUATION USE)
LICENSE GRANT. Licensor grants you a non-exclusive
license to use the Software free of charge if your use
of the Software is for the purpose of evaluating whether
to purchase an ongoing license to the Software. The
evaluation period is limited to ninety (90) days. If you
are using the Software free of charge, you are not entitled
to hard-copy documentation, support or telephone assistance.
DISCLAIMER OF WARRANTY. Free of charge Software is provided
on an "AS IS" basis, without warranty of any kind, including
without limitation the warranties that the Software is free
of defects, merchantable, fit for a particular purpose or
non-infringing. The entire risk as to the quality and
performance of the Software is borne by you. Should the
Software prove defective in any respect, you and not Licensor
or its suppliers assume the entire cost of any service and
repair. In addition, the security mechanisms implemented by
the Software have inherent limitations, and you must determine
that the Software sufficiently meets your requirements. This
disclaimer of warranty constitutes an essential part of this
Agreement. No use of the Software without payment of license
fees to Licensor is authorized hereunder except under this
Disclaimer.
PART II - TERMS APPLICABLE WHEN LICENSE FEES PAID
LICENSE GRANT. Subject to payment of applicable license fees,
Licensor grants to you a non-exclusive license to use the
Software and accompanying documentation ("Documentation")
in the manner described in Part III below under "Scope of
Grant."
LIMITED WARRANTY. Licensor warrants that for a period of
ninety (90) days from the date of acquisition, the Software,
if operated as directed, will substantially achieve the
functionality described in the Documentation. Licensor
does not warrant, however, that your use of the Software
will be uninterrupted or that the operation of the Software
will be error-free or secure. In addition, the security
mechanisms implemented by the Software have inherent
limitations, and you must determine that the Software
sufficiently meets your requirements. Licensor also
warrants that the media containing the Software, if
provided by Licensor, is free from defects in material
and workmanship and will so remain for ninety (90) days
from the date you acquired the Software. Licensor's sole
liability for any breach of this warranty shall be, in
Licensor's sole discretion: (i) to replace your defective
media or Software; or (ii) to advise you how to achieve
substantially the same functionality with the Software as
described in the Documentation through a procedure different
from that set forth in the Documentation; or (iii) if the
above remedies are impracticable, to refund the license fee
you paid for the Software. Repaired, corrected, or replaced
Software and Documentation shall be covered by this limited
warranty for the period remaining under the warranty that
covered the original Software, or if longer, for thirty (30)
days after the date (a) of delivery to you of the repaired or
replaced Software, or (b) Licensor advised you how to operate
the Software so as to achieve substantially the same
functionality described in the documentation.
Only if you inform Licensor of your problem with the Software
during the applicable warranty period and provide evidence
of the date you purchased a license to the Software will Licensor
be obligated to honor this warranty. Licensor will use reasonable
commercial efforts to repair, replace, advise or, for individual
consumers, refund pursuant to the foregoing warranty within thirty
(30) days of being so notified.
If any modifications are made to the Software by you during the
warranty period; if the media is subjected to accident, abuse, or
improper use; or if you violate the terms of this Agreement, then
this warranty shall immediately terminate. Moreover, this warranty
shall not apply if the Software is used on or in conjunction with
hardware or software other than the unmodified version of hardware
and software with which the Software was designed to be used as
described in the Documentation.
THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY
LICENSOR OR ITS SUPPLIERS. LICENSOR MAKES NO OTHER WARRANTIES, NOR
ARE THERE ANY CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE
OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW,
THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE
LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT
WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE
REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY
CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED
WARRANTY.
PART III - TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF LICENSE GRANT.
You may:
* use the Software on any single computer;
* use the Software on a second computer so long as only
one (1) copy is used at a time;
* use the Software on a network, provided that a licensed
copy of the Software has been acquired for each person
permitted to access the Software through the network;
You may not:
* permit other individuals to use the Software except under the
terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile, disassemble
(except and solely to the extent an applicable statute expressly
and specifically prohibits such restrictions), or create derivative
works based on the Software;
* copy the installed Software
* rent, lease, grant a security interest in, or otherwise transfer
rights to the Software; or
* remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the
Software shall remain in A-Lock and/or its suppliers. The Software is
protected by copyright and other intellectual property laws and by
international treaties. Title and related rights in the content accessed
through the Software is the property of the applicable content owner and
is protected by applicable law. The license granted under this Agreement
gives you no rights to such content.
TERMINATION. This Agreement and the license granted hereunder will terminate
automatically if you fail to comply with the limitations described herein.
Upon termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLS. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE
EXPORTED OUTSIDE THE UNITED STATES OR CANADA OR TO ANY FOREIGN ENTITY
OR "FOREIGN PERSON" AS DEFINED BY U.S. OR CANADIAN GOVERNMENT REGULATIONS,
INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR
LAWFUL PERMANENT RESIDENT OF THE UNITED STATES OR CANADA. BY DOWNLOADING
OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE
WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A
"FOREIGN PERSON."
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NOLEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU
FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control equipment in
hazardous environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the failure
of the Software could lead directly to death, personal injury, or severe physical
or environmental damage ("High Risk Activities"). Accordingly, Licensor and its
suppliers specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
MISCELLANEOUS. This Agreement represents the complete agreement concerning the
license granted hereunder and may be amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR
PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This Agreement shall be governed by Ontario, Canada law, excluding
conflict of law provisions (except to the extent applicable law, if any, provides
otherwise). The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.
U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is
defined in 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 Software with only those rights set forth herein.
A-Lock Software EULA Rev. 022098