(a) Quarterdeck Corporation ("Quarterdeck") grants you a nonexclusive license
to use the Quarterdeck software product you install (the "Software"),
subject to the following:
Only one end user may use the Software on one computer at a time.
You may make a reasonable number of back-up copies of the Software.
Back-up copies must include all proprietary rights notices appearing
on the original and must remain in your possession or control.
Except as specifically permitted in this Agreement, you may not (i) copy
the Software, (ii) modify the Software or separate out any of its
components for use with other software (except to the extent contemplated
in the enclosed user documentation) (iii) use the Software to provide time
sharing, service bureau or similar services, or (iv) decompile,
disassemble, or otherwise reverse engineer the Software.
You may not allow anyone to do anything that this Agreement prohibits you
from doing.
(b) You understand that the Software is licensed to you and not sold.
Quarterdeck retains title to all copies of the Software.
2. No Warranties. The Software is provided AS IS, without any warranties of
any kind.
3. Proprietary Rights. Subject to this Agreement, Quarterdeck and its
licensors retain all copyrights, trade secret rights, patents, trademarks,
and any other proprietary rights covering or relating to the Software. You acknowledge that the Software includes or incorporates proprietary and confidential information belonging to Quarterdeck and/or its licensors. All rights not expressly granted by Quarterdeck in this Agreement are reserved.
4. Exclusion of Consequential Damages; Limitation of Liability. Neither
Quarterdeck nor its licensors will be liable for any special, incidental,
consequential or exemplary damages, including without limitation damages for loss
of use, lost profits or loss of data or information of any kind, arising out of or
in connection with the Software or its use or this Agreement, even if Quarterdeck
or its licensor have been advised of the possibility of such damages. In no event
will Quarterdeck's or its licensors' liability for any claim relating to the
Software or its use or this Agreement, whether in contract, tort or any other
theory of liability, exceed the license fee paid by you. Some states do not allow
the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
5. Limits on Your Right to Transfer. You may not sublicense, rent, lease,
lend, sell, grant a security interest in, or otherwise transfer the Software or any
rights under this Agreement, except that you may transfer your copy of the Software
if the person to whom you transfer the Software agrees in writing to assume all of
your obligations under and otherwise to be bound by this Agreement. Your rights
under this Section 5 only apply to incidental transfers. No right is granted to
transfer or in any way distribute multiple copies of the Software in connection
with a trade or business (whether as a value added reseller, OEM, distributor,
systems integrator, or otherwise).
6. Export. You acknowledge that the Software is subject to United States
export control laws, including the export administration regulations. You will not
export, re-export or divert the Software in contravention of those laws.
7. Termination. Quarterdeck may terminate this Agreement if you violate it.
You must destroy all copies of the Software in your possession or control promptly
upon termination. Upon Quarterdeck's request, you must certify in writing that you
have complied with your obligations under this Section 7 and otherwise under this
Agreement. Termination by Quarterdeck will not limit any of its other rights or
remedies under this Agreement or at law or in equity. Any provision of this
Agreement that by its sense and context is intended to survive termination of this
Agreement will survive termination.
8. Severability. If any provision of this Agreement is illegal or
unenforceable under applicable law, the remaining provisions of this Agreement will
remain valid and fully enforceable. If any provision is in part enforceable and in
part unenforceable, it will be enforced to the extent permitted under applicable
law.
9. U.S. Government Restricted Rights. If this product is licensed by a DoD
agency, such agency's rights in this product are governed by the restrictions in
the Technical Data -- Commercial Items clause at DFARS 252.227-7015 and DFARS
227.7202, or any successor regulation. If this product is licensed by any other
agency or instrumentality of the United States of America, use, duplication and
disclosure are subject to restriction as set forth in subparagraphs (a) - (d) of
the rights in Technical Data and Computer Software clause at FAR 52.227-19 or any
successor regulation, or as set forth in the particular department or agency
regulations or rules which provide Quarterdeck or its licensors protection
equivalent to or greater than that clause.
10. Governing Law. This Agreement is governed by California law.
11. Entire Agreement. This Agreement, together with any special rights or
promotions provided in writing with your copy of the Software, is the entire
agreement between you and Quarterdeck relating to the Software. It supersedes any
prior or contemporaneous oral or written communication relating to the Software.
Should you have any questions concerning this Agreement, or if you desire to
contact Quarterdeck for any reason, please write: Quarterdeck Corporation, 13160
Mindanao Way, Marina del Rey, CA 90292-9705. Alternatively, you may call us at
