PC World 2002 October/PCWorld_2002-10_cd.bin/Software/Topware/hyena/Setup.exe/%MAINDIR%/license.txt

Text File | 2002-07-31 | 7.7 KB | 129 lines

SOFTWARE LICENSE

ATTENTION:  PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING HYENA ("The
Software").  ANY INDIVIDUAL OR ENTITY ("End User") USING THIS SOFTWARE AGREES
TO BE BOUND BY THE TERMS OF THIS LICENSE.

Copyright

All title and copyrights in and to the Software (including but not limited to any images,
photographs, animations, video, audio, and text incorporated into the Software), any
accompanying printed materials, and any copies of  the Software are owned by SystemTools
Software ("Licensor"). The Software is protected by copyright laws and international treaty provisions.

License

The Software and the accompanying documentation are provided to the End User by Licensor
for use only under the terms of this license agreement. Licensor reserves any right not expressly
granted to the End User.  End User owns the disk on which the Software is recorded, but
Licensor retains ownership of all copies of the Software itself.  End User assumes sole
responsibility for the installation, use and results obtained from use of the Software.

End User is granted a limited, non-exclusive license to make one copy of the Software solely for
backup or archival purposes and to install the Software only on computers covered by this
license agreement and for which a license has been purchased.

End User may transfer the Software and all rights under this License to another party together
with a copy of this License and all written materials accompanying the Software, provided (i) the
End User gives Licensor written notice of the transfer (including in such notice the identity of the
transferee), and (ii) the other party reads and agrees to accept the terms and conditions of this
License, and (iii) the End User agrees to not retain any copies of the Software (including backup
copies), to remove/uninstall all installations of the Software, and to discontinue all use of the
Software.

Restrictions

The End User may NOT sublicense, assign, or distribute copies of the Software to others.  The
End User may NOT decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human readable form.  THE END USER MAY NOT MODIFY, ADAPT,
TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE
ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED
UPON THE SOFTWARE OR ANY PART THEREOF.

A license for the Software may not be shared or used concurrently on separate computers,
unless a license has been obtained and purchased for each End User using the Software.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and the 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.

Protection and Security

The End User agrees to use its best efforts and to take all reasonable steps to safeguard the
Software to ensure that no unauthorized person shall have access thereto and that no
unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be
made.  End User acknowledges that the Software contains valuable confidential information and
trade secrets and that unauthorized use and/or copying are harmful to Licensor.

Termination

This License is effective until terminated.  This License will terminate immediately without notice
from Licensor if the End User fails to comply with any of its provisions.  Upon termination the
End User must destroy and uninstall the Software and all copies thereof, and the End User may
terminate this License at any time by doing so.

Limited Warranty

Licensor warrants that, for 30 days from the date of purchase by the original End User, the
Software shall operate substantially in accordance with the published functional specifications
current at the time of shipment.  If, during the warranty period, a defect appears, End User shall
return the Software to Licensor and Licensor's only obligation shall be, at Licensor's election, to
replace the defective Software or refund the purchase price.  The End User agrees that the
foregoing constitutes the End User's sole and exclusive remedy for breach by Licensor under
any warranties made under this Agreement.  This warranty does not cover any Software that
has been altered or changed in any way by anyone other than Licensor.  Licensor is not
responsible for problems associated with or caused by incompatible operating systems or
equipment, or for problems in the interaction of the Software with software not furnished by
Licensor.

No oral or written information or advice given by Licensor or its dealers, distributors, employees
or agents shall in any way extend, modify or add to the foregoing warranty.

THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.  THE END USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND
PERFORMANCE OF THE SOFTWARE.  IN NO EVENT WILL LICENSOR, OR ITS
DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END USER
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING
WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.

LICENSOR'S LIABILITY TO THE END USER (IF ANY) FOR ACTUAL DIRECT DAMAGES
FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY
PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.

Enhancements

From time to time Licensor may, in its sole discretion, advise the End User of updates,
upgrades, enhancements or improvements to the Software and/or new releases of the Software
(collectively, "Enhancements"), and may license the End User to use such Enhancements upon
payment of prices as may be established by Licensor from time to time.  All such Enhancements
to the Software provided to the End User shall also be governed by the terms of this License.
IN ORDER FOR THE END USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND
LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE END USER MUST
PROVIDE LISENSOR THEIR EMAIL ADDRESS.

General

This License will be governed by and construed in accordance with the laws of the State of
Texas in the United States and shall inure to the benefit of Licensor and End User and their
successors, assigns and legal representatives.  If any provision of this License is held by a court
of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that
provision will be enforced to the maximum extent permissible, and the remaining provisions of
this License will remain in full force and effect.  Any notices or other communications to be sent
to Licensor must be mailed first class, postage prepaid, to the following address: SystemTools
Software, Inc.  P.O. Box 1209, La Vernia, Texas 78121

This Agreement constitutes the entire agreement between the parties with respect to the subject
matter hereof, and all prior proposals, agreements, representations, statements and
undertakings are hereby expressly cancelled and superseded.  This Agreement may not be
changed or amended except by a written instrument executed by a duly authorized officer of
Licensor.