PC World 1999 August/PCWorld_1999-08_cd.bin/Software/Servis/Timbuk/tb2eval32.exe/License.txt

Text File | 1999-04-23 | 8.7 KB | 200 lines

Software License Agreement and Limited Warranty

ATTENTION: You MUST have administrator privileges in
order to successfully install this product.  Do not
proceed with the installation until you have verified
that your current account has administrator privileges.

This is a legal agreement (this 'License') between you,
the end user, and Netopia Inc. ('Netopia').
Opening the enclosed disk envelope or, if electronically
distributed, downloading and using the Software indicates
that you accept and agree to comply with these terms.
If you do not agree to these terms, (a) you may so notify
Netopia within thirty (30) days of downloading for a full
refund, or (b) you may write to Netopia with a request
to modify any term of this License. Please allow six
(6) weeks for a response.

1.  GRANT OF LICENSE. Netopia grants to you a non-exclusive,
personal license to use the Software as provided in this
License. Each permitted copy of the Software may be stored
in memory (either temporary or 'permanent'), on no more than
one computer at any one time.  However, you may install the
Software on a network server for the sole purpose of valid
distribution to other computers.

2.  COPYRIGHT. The Software is owned by Netopia or its
suppliers and is protected by United States copyright laws
and international treaty provisions. This means that you
must treat the Software like a book, musical recording or
any other copyrighted material.  Nevertheless, Netopia
gives you the right to (a) make two copies 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 (called the 'Documentation').  You should be
aware that illegal copying or distribution of copyrighted
material is investigated by the FBI, and is punishable by
prison terms of up to 10 years.

3.  OTHER RESTRICTIONS. You may not rent or lease the
Software, but you may permanently transfer the Software
and Documentation provided you retain no copies and the
recipient agrees to the terms of this Agreement. You may
not modify, reverse engineer, decompile, disassemble, or
create derivative works from the Software or Documentation.

4.  TERM.  This License is effective until terminated.
You may terminate the license at any time by returning
the Software and all Documentation to Netopia and by
removing the Software from the memory of the computer
into which the Software has been transferred. This
License may be terminated by Netopia immediately and
without notice in the event that you fail to comply
with any term or condition hereof. Upon any termination,
you will return to Netopia, at your expense, the
Software and Documentation and any copies whether or not
the copying was authorized.

5.  GOVERNMENT LICENSEE. The Software and Documentation
are provided with Restricted Rights.  Use, duplication,
or disclosure by the U.S. Government is subject to
restrictions as set forth in the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013
and the Commercial Software-Restricted Rights Clause
at 48 CFR 52.227-19.  Manufacturer is Netopia, Inc.
2470 Mariner Square Loop, Alameda, California 94501.

6. EXPORT LAW ASSURANCES. You agree that neither the
Software nor any direct product thereof is being or
will be acquired, shipped, transferred, or reexported,
directly or indirectly, into any country prohibited
by the United States Export Administration Act and
the regulations thereunder or will be used for any
purpose prohibited by the same.

7.  SEVERABILITY. If for any reason, any provision
or partial provision of this License is held invalid,
such invalidity shall not affect the remainder of
such provision or this License, and this License
shall, to the full extent consistent with law,
continue in full force and effect.

8.  THIRD PARTY BENEFICIARIES. If any portion of the
Software has been licensed to Netopia by a third
party for redistribution, Licensee is hereby notified
that such third party is an intended third party
beneficiary of this License with full rights of
enforcement.

9.  GENERAL. The validity and performance of this
License shall be governed by California law,
except for that body of law dealing with conflict
of laws and except as to copyrights, which are
governed by United States laws and international
treaties. This License constitutes the entire
agreement between the parties concerning the
subject matter hereof. Any waiver or amendment
of any provision of this License shall be
effective only if in writing and signed by you
and an officer of Netopia. No distributor,
dealer, or employee (other than an officer)
of Netopia is authorized to change or amend
any terms of this License. In the event of any
conflict between the terms of this License and
the terms of any license bound into any manual
packaged with the Software, this License shall
govern.

LIMITED WARRANTY
Netopia warrants that for ninety (90) days
following delivery of the Software to you:
(1) the Software, unless modified by you, will
perform substantially the functions described in
the Documentation provided by Netopia; and
(2) the media on which the Software is furnished
will be free from defects in materials and
workmanship under normal use.
Netopia does not
warrant that the Software will meet your
requirements or that operation of the Software
will be uninterrupted or error-free. Netopia
is not responsible for any problem, including
any problem which would otherwise be a breach
of warranty, caused by (i) changes in the
operating characteristics of computer hardware
or computer operating systems which are made
after the release of the Software,
(ii) interaction of the Software with non-Netopia
software or (iii) accident, abuse, or misapplication.

THE ABOVE WARRANTIES ARE MADE BY NETOPIA
ALONE, AND THEY ARE THE ONLY WARRANTIES MADE
BY ANYONE REGARDING THE ENCLOSED SOFTWARE.
NETOPIA AND ITS LICENSOR(S) MAKE NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, REGARDING THE ENCLOSED
SOFTWARE. EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED ABOVE, NETOPIA AND ITS LICENSOR(S)
DO NOT WARRANT, GUARANTEE OR MAKE ANY
REPRESENTATION REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE IN TERMS
OF ITS CORRECTNESS, ACCURACY, RELIABILITY,
CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK
AS TO THE RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION
OF IMPLIED WARRANTIES IS NOT PERMITTED BY
SOME STATES OR JURISDICTIONS, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. IN THAT
CASE, ANY IMPLIED WARRANTIES ARE LIMITED
IN DURATION TO NINETY (90) DAYS FROM THE
DATE OF DELIVERY OF THE SOFTWARE. THERE MAY
BE OTHER RIGHTS THAT YOU MAY HAVE WHICH VARY
FROM JURISDICTION TO JURISDICTION.

LIMITATION OF REMEDIES
Netopia's entire liability and your sole remedy under
the warranty during the ninety (90) day warranty period
is that Netopia shall, at its sole and exclusive
option, either replace the Software with a functionally
equivalent program at no charge to you or refund the
license fee of the Software. Any replacement Software
will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is
longer. These are your sole and exclusive remedies for
any breach of warranty during this ninety (90) day
period.

REGARDLESS OF WHETHER OR NOT ANY REMEDY SET
FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE,
IN NO EVENT WILL NETOPIA, ITS LICENSOR(S)
AND THE DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS OF ANY OF THEM BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT
DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE LIKE)
ARISING OUT THE USE OR INABILITY TO USE
THE SOFTWARE EVEN IF NETOPIA OR ITS LICENSOR(S)
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. NETOPIA AND ITS LICENSOR(S) LIABILITY
TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF
THE ACTION (WHETHER IN CONTRACT, TORT [INCLUDING
NEGLIGENCE], PRODUCT LIABILITY OR OTHERWISE),
WILL BE LIMITED TO $50.

Should you have any questions concerning this License,
please write Netopia Inc., Customer
Service, 2470 Mariner Square Loop, Alameda, California 94501 USA
v.596