This manual and the Sherlock Assistant™ software are copyrighted by Casady & Greene, Inc. None of the software may be modified, in whole or in part, for distribution to or use by others. Information in this document is subject to change without notice. Companies, names, and data used in examples herein are fictitious unless otherwise noted.
Limited Warranty
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY DELETE THE SOFTWARE.
1. License. The application, demonstration, system, and other software accompanying this License, whether on disk, in read-only memory, or on any other media (the “Software”), and the related documentation are licensed to you by Casady & Greene. Casady & Greene and/or Casady & Greene’s Licensors retain title to the Software, related documentation. You must reproduce the Casady & Greene copyright notice and any other proprietary legends that were on the original copy of the software on any copies you make.
2. Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not decompose, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute, or create derivative works based upon the software in whole or in part.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation, and all copies thereof. This License will terminate immediately, without notice from Casady & Greene, if you fail to comply with any provision of this License. Upon termination, you must destroy the Software, related documentation, and all copies thereof.
4. Export Law Assurance. You agree and certify that neither the Software nor any other technical data received from Casady & Greene, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from Casady & Greene, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
5. Government End Users. If you are acquiring the software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:
(i) if the Software and fonts are supplied to the Department of Defense (DoD), the Software and fonts are classified as “Commercial Computer Software” and the government is acquiring only “restricted rights” in the Software and its documentation and fonts, as that term is defined in clause 252.227-7013(c)(1) of the DFARS; and
(ii) if the Software and fonts are supplied to any unit or agency of the United States Government other than DoD, the government’s rights in the Software and its documentation and fonts will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18–52.227-86(d) of the NASA Supplement to the FAR.
6. Disclaimer of Warranty on Apple Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software, related documentation are provided “AS IS” and without warranty of any kind and Casady & Greene and Casady & Greene’s Licensor(s) (for the purposes of provision 6 and 7, Casady & Greene and Casady & Greene’s Licensor[s] shall be collectively referred to as “Casady & Greene”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CASADY & GREENE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, CASADY & GREENE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CASADY & GREENE OR A CASADY & GREENE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CASADY & GREENE OR A CASADY & GREENE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL CASADY & GREENE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR ALTERED DOCUMENTATION, EVEN IF CASADY & GREENE OR A CASADY & GREENE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall Casady & Greene’s total liability to you for all damages, losses, and causes of action (whether in contract, tort [including negligence] or otherwise) exceed the amount paid by you for the Software, related documentation, and fonts.
8. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of the License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software, the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of the License will be binding unless in writing and signed by a duly authorized representative of Casady & Greene.
Trademarks
Apple, AppleShare, Apple Remote Access, and Macintosh are registered trademarks, and Balloon Help, Macintosh Drag and Drop, System 6, System 7, System 7.5, System 7.6, Mac OS 8.0, Mac OS 8.1, Mac OS 8.5 and Mac OS 8.5.1 are trademarks of Apple Computer, Inc. The names of other products and companies appear herein for identification purposes only and are trademarks and registered trademarks of their respective holders.
