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license.txt
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1998-08-22
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Northwest Performance Software, Inc.
NetScanTools TM
Copyright Notice and License Agreement
Copyright 1995-1998 Kirk V. Thomas. All rights reserved.
NetScanTools LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE LICENSEE, and
Northwest Performance Software, Inc.
BY USING THIS PROGRAM, YOU ARE AGREEING TO BECOME
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY UNINSTALL
THIS PROGRAM AND, IF APPLICABLE, RETURN THE DISK PACKAGE
AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS
AND BINDERS AND PACKAGING) TO THE PLACE YOU OBTAINED
THEM FOR A FULL REFUND.
The following license agreement contains sections explicitly
marked for TRIAL USE users and REGISTERED VERSION users.
If you are evaluating this software, then the TRIAL USE
sections apply to you. Users who have made their Registration
Payment are additionally bound by the terms of the REGISTERED
VERSION sections. ALL OTHER SECTIONS NOT EXPLICITLY MARKED
APPLY TO ALL USERS.
TRIAL USE LIMITATIONS--GRANT OF LICENSE.
Northwest Performance Software, Inc. grants to
you the right to use one copy of the enclosed software program,
NetScanTools, (the "SOFTWARE") on a single computer for
evaluation purposes during a Trial Usage Period not to exceed
thirty (30) days. If you want to continue using this software
after the Trial Usage Period, you MUST make a registration
payment to Northwest Performance Software, Inc. or its authorized
representatives. Using this software after the Trial Usage
Period without registering the software is a violation of the
terms of this limited license. 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 disk, or
other storage device) of that computer. However, installation on
a network server for the sole purpose of distribution to one or
more other computer(s) shall not constitute "use" for which a
separate license is required, provided you have a separate license
for each computer to which the SOFTWARE is distributed.
REGISTERED VERSION GRANT OF LICENSE.
Northwest Performance Software, Inc. grants to you
the right to use one copy of the enclosed software program,
NetScanTools, (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 disk, or other storage device) of that computer. However,
installation on a network server for the sole purpose of distribution
to one or more other computer(s) shall not constitute "use" for
which a separate license is required, provided you have a separate
license for each computer to which the SOFTWARE is distributed.
COPYRIGHT. The SOFTWARE is owned by Northwest Performance Software,
Inc., a licensee of Kirk V. Thomas, 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 written materials accompanying the SOFTWARE.
Registered versions SHALL NOT BE DISTRIBUTED.
TRIAL USE COPYRIGHT ADDENDUM.
"Unregistered" trial versions of the SOFTWARE may be uploaded
to bulletin boards or to World Wide Web Software repositories or
CDROM collections for the strict purpose of download and distribution
to other users.
OTHER RESTRICTIONS. You may not lease, rent or sub-license the
SOFTWARE. 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. You may not
reverse engineer, decompile, or disassemble the SOFTWARE.
EXPORT CONTROLS. None of the SOFTWARE or underlying information or
technology may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the
SOFTWARE, you are agreeing to the foregoing and you are representing
and warranting that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
U.S. Government RESTRICTED RIGHTS. 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) of the Commercial Computer Software--Restricted Rights at
48 CFR 52.227-19, as applicable. Manufacturer is Northwest
Performance Software, Inc./PO BOX 148/Maple Valley, WA 98038-0148.
TRIAL USE LIMITATIONS--NO WARRANTIES.
Northwest Performance Software, Inc. expressly disclaims any
warranty for NetScanTools during the Trail Usage Period.
NetScanTools and any related documentation is provided "as is"
without warranty of any kind, either express or implied,
including without limitation, the implied warranties or
merchantability, fitness for a particular purpose, or
infringement. The entire risk arising out of use or
performance of NetScanTools remains with you.
REGISTERED VERSION LIMITED WARRANTY.
Northwest Performance Software warrants that the registered version
of the SOFTWARE is properly recorded on the disk media delivered
to the end-user, if any. This warranty extends for sixty (60) days
from the date of purchase. There is no warranty after the expiration
of the warranty period.
REGISTERED VERSION CUSTOMER REMEDIES.
Northwest Performance Software's entire liability
and your exclusive remedy shall be, at Northwest Performance
Software's option, either (a) return of the price paid, or (b) repair
or replacement of the SOFTWARE that does not meet Northwest
Performance Software's Limited Warranty and which is returned to
Northwest Performance Software 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 of the original warranty period or
30 days, whichever is longer. In no event shall Northwest
Performance Software's liability exceed the purchase price of the
SOFTWARE.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable
law, Northwest Performance Software, Inc. disclaims all other
warranties, either expressed or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular
purpose, title, and non-infringement, with regard to the SOFTWARE,
the accompanying written materials, and any accompanying hardware.
This limited warranty gives you specific legal rights. You may have
others, which vary from state to state.
Northwest Performance Software does not warrant that the operation
of the software will be error free.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall the author,
Kirk V. Thomas or Northwest Performance Software, Inc. or its
suppliers be liable for any special, incidental, indirect, or
consequential 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 the SOFTWARE, even if Northwest
Performance Software/author 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.
This agreement is governed by the laws of the state of Washington.