MacWorld 1999 April/Macworld (1999-04).dmg/Serious Software/CommuniGate/CommuniGate-SMTP-30/Software/CommuniGate Installer/CommuniGate Installer.rsrc/TEXT_128_License Agreement.txt

Text File | 1998-09-30 | 6KB | 22 lines

Stalker Software, Inc. CommuniGate Software License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PRESSING THE "AGREE" BUTTON BELOW.  BY PRESSING "AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,  PRESS "DISAGREE."

1.    License.  The CommuniGate Software and CommuniGate Documentation whether on disk, in read only memory, or on any other media (collectively, the “CommuniGate Software”) are licensed, not sold, to you by Stalker Computer, Inc (“Stalker”). The CommuniGate Software in this package and any copies which this License authorizes you to make are subject to this License.

2.    Permitted Uses and Restrictions.  This License allows you to install and copy the CommuniGate Software for use on an unlimited number of computers in connection with the network services specified in your CommuiGate Documentation.  You may not, except as permitted by applicable law, decompile, reverse engineer, disassemble, modify, rent, lease, loan or create derivative works from the CommuniGate Software. Your rights under this License will terminate automatically without notice from Stalker if you fail to comply with any term(s) of this License.

3.    Limited Warranty on Media (if applicable).  Stalker warrants the diskettes and/or compact disc on which the CommuniGate Software are recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt.  Stalker's entire liability and your exclusive remedy will be replacement of the diskettes and/or compact disc not meeting Stalker's limited warranty and which is returned to Stalker or an Stalker authorized representative with a copy of the receipt.  Stalker will have no responsibility to replace a diskette/disc damaged by accident, abuse or misapplication.  ANY IMPLIED WARRANTIES AND/OR CONDITIONS ON THE DISKETTES AND/OR COMPACT DISC, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

4.    Disclaimer of Warranty on CommuniGate Software.  You expressly acknowledge and agree that use of the CommuniGate Software is at your sole risk.  The CommuniGate Software is provided “AS IS” and without warranty of any kind and Stalker EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS , EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  STALKER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMMUNIGATE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE COMMUNIGATE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COMMUNIGATE SOFTWARE AND THE FONTS WILL BE CORRECTED.  FURTHERMORE, STALKER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMMUNIGATE SOFTWARE AND FONTS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STALKER OR AN STALKER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD THE COMMUNIGATE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT STALKER OR AN STALKER 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.  THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY IN PARAGRAPH 3 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING STALKER PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY STALKER’S NEGLIGENCE.

5. Limitation of Liability.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL STALKER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES  ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.  In no event shall Stalker's total liability to you for all damages exceed the amount paid for this License to the CommuniGate Software.

6. Export Law Assurances.  You may not use or otherwise export or reexport the Stalker Software except as authorized by United States law and the laws of the jurisdiction in which the Stalker Software was obtained.  In particular, but without limitation, the Stalker Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders.  By using the Stalker Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

7. Government End Users.  If the Stalker Software is supplied to the United States Government, the Stalker Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR.  The United States Government's rights to the Stalker Software are as provided in clause 52.227-19 of the FAR.

8. Controlling Law and Severability.  If there is a local subsidiary of Stalker in the country in which the License to the CommuniGate Software was purchased, then the local law in which the subsidiary sits shall govern this license.  Otherwise, this License shall be governed by the laws of the United States and the State of California.  If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this 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 CommuniGate Software and supersedes all prior or contemporaneous understandings regarding such subject matter.  No amendment to or modification of this License will be binding unless in writing and signed by Stalker.