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LICENSE.TXT
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1998-06-23
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FORMAN INTERACTIVE CORP. SOFTWARE LICENSE AGREEMENT
IMPORTANT--READ CAREFULLY
By installing this software, you indicate your acceptance of the
following Forman Interactive Corp Software License Agreement.
A. SINGLE-USER PRODUCTS
This is a legal agreement between you (either an individual or an
entity) and Forman Interactive Corp. By opening the sealed
software packages and/or by using the SOFTWARE you agree to be bound
by the terms of this Agreement.
B. TERMS OF LICENSE
1. GRANT OF LICENSE. This License Agreement ("License") permits you
to use one copy of the specified version of the Forman Interactive
Corp. software product identified above, which may include "on-line"
or electronic documentation (the "SOFTWARE") on a single computer.
The SOFTWARE is in "use" on a computer when it is loaded into
temporary memory (i.e. RAM) or installed into permanent memory
(e.g., hard disk, 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."
2. UPGRADES. If the SOFTWARE is an upgrade you may use or transfer
the SOFTWARE only in conjunction with the prior version(s) of the
SOFTWARE.
3. COPYRIGHT. The SOFTWARE (including any images, "applets",
photographs, animations, video, audio, music, and text incorporated
into the SOFTWARE) is owned by Forman Interactive Corp. or its
suppliers and is protected by United States copyright laws and
international treaty provisions. Therefore, you must treat the
SOFTWARE like any other copyrighted material (e.g., a book or
musical recording) except that you may either (a) make one copy of
the SOFTWARE solely for backup or archival purposes, or (b) transfer
the SOFTWARE to a single hard disk provided you keep the original
solely for backup or archival purposes. You may not copy the
printed materials accompanying the SOFTWARE.
4. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but
you may transfer the SOFTWARE and accompanying written materials on
a permanent basis provided you retain no copies and the recipient
agrees to the terms of this Agreement. If the SOFTWARE is an
upgrade, any transfer must include the most recent upgrade and all
prior versions. You may not reverse engineer, decompile, or
disassemble the SOFTWARE, except to the extent such foregoing
restriction is expressly prohibited by applicable law.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE in more than
one medium. Regardless of the type or size of medium you receive,
you may use only the medium appropriate for your single-user
computer. You may not use the other medium on another computer or
loan, rent, lease, or transfer the disks to another user except as
part of the permanent transfer (as provided above) of all SOFTWARE
and printed materials, nor print copies of any user documentation
provided in "on-line" or electronic form.
C. LIMITED WARRANTY
1. LIMITED WARRANTY. Forman Interactive Corp. warrants that the
SOFTWARE will perform substantially in accordance with the
accompanying written materials for a period of thirty (30) days from
the date of receipt. Any implied warranties on the SOFTWARE are
limited to thirty (30) days. Some states/jurisdictions do not allow
limitations on duration of an implied warranty, so the above
limitation may not apply to you.
2. CUSTOMER REMEDIES. Forman Interactive Corp. and its suppliers'
entire liability and your exclusive remedy shall be, at Forman
Interactive Corp.'s option, either (a) return of the price paid, or
(b) repair or replacement of the SOFTWARE that does not meet Forman
Interactive Corp.'s Limited Warranty and which is returned to Forman
Interactive Corp. with a copy of your receipt. This Limited
Warranty is void if failure of the SOFTWARE has resulted from
accident, abuse, or misapplication. Any replacement SOFTWARE will
be warranted for the remainder or the original warranty period or
thirty (30) days, whichever is longer. Outside the United States,
neither these remedies nor any product support services offered by
Forman Interactive Corp. are available without proof of purchase
from an authorized non-U.S. source.
3. NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Forman Interactive Corp. and its suppliers disclaim
all other warranties, either express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose, with regard to the SOFTWARE and the accompanying
printed materials.
This limited warranty gives you specific legal rights. You may have
others which vary from state/jurisdiction to state/jurisdiction.
4. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent
permitted by applicable law, in no event shall Forman Interactive
Corp. or its suppliers be liable for any damages whatsoever
(including without limitation, damages for loss of business profits,
business interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use this
Forman Interactive Corp. product, even if Forman Interactive Corp.
has been advised of the possibility of such damages. Because some
states/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to you.
D. U.S. GOVERNMENT RESTRICTED RIGHTS
1. The SOFTWARE and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) and (2) of the
Commercial Computer Software--Restricted Rights at 49 CFR 52.227-19,
as applicable. Manufacturer is Forman Interactive Corp./134 Fifth
Avenue/New York, NY 10011.
2. If you acquired this product in the United States, this Agreement
is governed by the laws of the State of New York.
3. If you acquired this product in Canada, this Agreement is
governed by the laws of the Province of Ontario, Canada. Each of
the parties hereto irrevocably attorns to the jurisdiction of the
courts of the Providence of Ontario and further agrees to commence
any litigation which may arise hereunder in the courts located in
the Judicial District of York, Province of Ontario.
4. If this product was acquired outside the United States, then
local law may apply.
E. Should you have any questions concerning this Agreement, or if
you desire to contact Forman Interactive Corp., for any reason,
please contact the Forman Interactive Corp. subsidiary serving your
country, or write Forman Interactive Corp., 134 Fifth Avenue,
New York, NY 10011. Telephone: (212)-627-4988.
Fax: (212)-627-6477 email: sales@formaninteractive.com
rev.10