PC World 2004 September/PCWorld_2004-09_cd.bin/software/topware/powerarch/powarc900.exe/{app}/LICENSE.TXT

Text File | 2004-07-18 | 8KB | 157 lines

PowerArchiver 2004 Version 9.00 End-User License
Copyright(c) 1999-2004 ConeXware, Inc.
All Rights Reserved


Usage of this software requires compliance with this license. If you do
not agree to the following  terms,  please  do  not  use,  install,  or
distribute this software.

1.0 Definitions.

1.1 For  the purpose of  this  Agreement,  "Software"  shall  mean  the
software identified above, including but not limited  to  any  updates,
modifications,   revisions,   copies,   and   associated  documentation
provided by ConeXware, Inc. and its licensors.


2.0 Grant of License.

2.1 Evaluation Terms and Conditions. You may use  this  Software  soley
for evaluation  purposes without  charge for  a period  of thirty  (30)
days. You are free to  distribute  exact  copies  of  the  Software  to
anyone. You are  prohibited  from  selling,  or  requesting  donations,
for any copies of  the  Software  you  distribute. You  must  include a
copy of this license with any  copy  of  the   Software.  You  may  not
remove or alter  any  identification,  proprietary  notice,  label,  or
trademarks which appear on or in the Software.

2.2 Full License Terms and Conditions. Continued use of   the  Software
after the thirty (30) day evaulation  period  requires  purchase  of  a
full license. If you have not paid the registration  fee,  you  may  do
so by visiting http://www.conexware.com  on  the  Internet.  After  you
have registered, you may personally use the Software  on  one  or  more
computers, or allow  multiple  persons  to  nonsimultaneously  use  the
Software   on   a   single   computer,   but  not  both.  This  is  not
a concurrent use license. If the Software is  installed  on  a  network
server  and  accessed  by  multiple  workstations,  you  must  purchase
a license for each computer on which the  Software  is  used.  You  may
not provide third parties access to the  Software  in  connection  with
a service bureau, application service provider,  or  similar  business,
or use  the  Software  in  a  business  to  provide  file  compression,
decompression, or conversion services to third parties.

2.3 The   Software  includes  the  ability  to  create  self-extracting
archives.  These  self-extracting  archives  may be freely distributed,
without  royalty,  to  anyone.  The  self-extracting  archives contain,
among other things, indentifying information and  proprietary  notices.
You may not remove or  alter  any  identification,  proprietary notice,
label,  or trademarks which  appear  on  or  in  these  self-extracting
archives, nor give anyone permission to do so.

2.4 All rights of any kind in the  Software  which  are  not  expressly
granted in this license are entirely and exclusively  reserved  to  and
by ConeXware, Inc. and its licensors.


3.0 Restrictions.

3.1 The information contained  in  the  Software  is  confidential  and
proprietary to ConeXware, Inc. and its  licensors,  and ConeXware, Inc.
and its licensors retain title to  all  copyright,  patent,  trademark,
trade secrets, and other proprietary rights embodied in or related  to
the Software.

3.2 THE   SOFTWARE   CANNOT   BE  MODIFIED.  YOU  MAY  NOT   DECOMPILE,
DISASSEMBLE OR OTHERWISE ATTEMPT TO  ACCESS  THE  SOURCE  CODE  OF  THE
SOFTWARE; EXCEPT AND  ONLY  TO  THE  EXTENT  PERMITTED  APPLICABLE  LAW
NOTWITHSTANDING THIS LIMITATION.


4.0 Term.

4.1 This license is effective until terminated. Failure to comply  with
any provision provided in this Agreement or the use of the Software  in
a way not authorized or permitted under  this Agreement  will result in
an   automatic  termination   of   this   license.  You agree upon such
termination to destroy or dispose of the Software.

4.2 Paragraph 2.4 and Sections 3.0, 5.0, 6.0, and  7.0,  including  all
paragraphs therein,  shall  survive  termination  this  Agreement.  All
other   rights   and  obligations  of  the  Parties  shall  cease  upon
termination.


5.0 Upgrades, Maintenance and Support.

5.1 During the term  of this  Agreement, ConeXware, Inc.  is  under  no
obligation to provide upgrades, maintenance, or  installation  for  the
Software. ConeXware, Inc.  may provide  support  for  the  Software  as
governed by the  documentation,  and  other  ConeXware, Inc.  materials
related to and included  with  the  Software. ConeXware, Inc.  reserves
the right to revoke or modify support  provided  for  the  Software  at
any time, for any or no reason.


6.0 Limited Warranty and Remedies.

6.1 THE SOFTWARE IS PROVIDED "AS IS"  WITHOUT  WARRANTY  OF  ANY  KIND,
EITHER   EXPRESS  OR  IMPLIED,  INCLUDING   ANY  WARRANTY   OF QUALITY,
MERCHANTABILITY, OR FITNESS FOR A  PARTICULAR  PURPOSE. CONEXWARE, INC.
DOES NOT  WARRANT  THAT  THE  SOFTWARE  WILL MEET YOUR REQUIREMENTS, OR
THAT IT WILL OPERATE UNINTERRUPTED OR ERROR-FREE.

6.2 NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED  AS  A  WARRANTY  OR A
REPRESENTATION BY CONEXWARE, INC.  THAT  THE  SOFTWARE  WILL   BE  FREE
FROM INFRINGEMENT OF  THE  INTELLECTUAL  PROPERTY  RIGHTS  OF  A  THIRD
PARTY. CONEXWARE, INC. HEREBY EXPRESSLY  DISCLAIMS  AND  SHALL  NOT  BE
RESPONSIBLE   FOR   ANY   LIABILITY   ARISING  AS A  RESULT  OF  OR  IN
CONNECTION WITH ANY CLAIM OR SUIT ALLEGING  THAT  THE  DISTRIBUTION  OR
USE OF THE SOFTWARE INFRINGES THE RIGHT OF ANY THIRD PARTY.

6.3 IN NO EVENT  WILL  CONEXWARE, INC.,  OR  ITS  LICENSORS  BE  LIABLE
FOR  LOSS  OF  DATA,  COSTS  OF  PROCUREMENT  OF  SUBSTITUTE  GOODS  OR
SERVICES OR ANY SPECIAL, CONSEQUENTIAL  OR  INCIDENTAL  DAMAGES,  UNDER
ANY CAUSE OF ACTION AND REGARDLESS OF WHETHER OR  NOT  CONEXWARE, INC.,
OR ITS LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGE.
THIS LIMITATION WILL APPLY NOTWITHSTANDING  ANY  FAILURE  OF  ESSENTIAL
PURPOSE   OF   ANY  LIMITED  REMEDY  PROVIDED  HEREIN.  IN  ANY  EVENT,
CONEXWARE, INC.'S, OR ITS LICENSORS'  LIABILITY  ARISING  OUT  OF  THIS
AGREEMENT, THE TERMINATION THEREOF, AND/OR THE PROVISION  OF  GOODS  OR
SERVICES HEREUNDER WILL BE LIMITED TO  THE  GREATER  OF  U.S. $1.00  OR
THE AMOUNT PAID BY YOU FOR THE LICENSED SOFTWARE.

6.4 Some states do not allow the limitation or exclusion of  incidental
or consequential damages, so the above limitations  or  exclusions  may
not apply to you.

6.5 This warranty gives you specific legal rights,  and  you  may  also
have other rights which vary from state to state.


7.0 General.

7.1 You   agree  to  obtain  any  necessary  export  license  or  other
documentation prior to exportation of the Software and  you  shall  not
export the Software or the direct product thereof in violation  of  the
U.S. or other countries' export control laws.

7.2 This Agreement will be governed  by  the  laws  of   the  State  of
California. You agree to submit to the exclusive  jurisdiction  of  the
courts in the State of California for the resolution of any dispute  or
claim arising out of or relating to this Agreement.

7.3 The prevailing party in  any  legal  action  arising  out  of  this
Agreement  shall  be  entitled  to   reimbursement  for  its  expenses,
including court costs and reasonable attorneys' fees,  in  addition  to
any other rights and remedies such party may have.

7.4 BY USING THE SOFTWARE YOU ACKNOWLEDGE  THAT  YOU  HAVE   READ  THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO  BE  BOUND  BY  ITS  TERMS   AND
CONDITIONS; YOU FURTHER AGREE THAT IT IS  THE  COMPLETE  AND  EXCLUSIVE
STATEMENT OF THE  AGREEMENT  RELATED  TO  THE  SUBJECT  MATTER  HEREOF,
SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,  AND  ANY
OTHER COMMUNICATIONS BETWEEN YOU AND CONEXWARE,  INC.  RELATING TO  THE
SUBJECT MATTER OF THIS AGREEMENT.