com!online 2001 November/COMCD1101.iso/toptools/linkman/setup.exe/%TEMP%/%READMEFILE%

Text File | 2001-06-16 | 6.8 KB | 171 lines

Users of Linkman must accept this disclaimer of warranty:

NOTICE TO USERS: CAREFULLY READ THE
FOLLOWING LEGAL AGREEMENT. USE OF
THE LINKMAN (TRIAL) SOFTWARE PROVIDED
WITH THIS AGREEMENT (THE "SOFTWARE")
CONSTITUTES YOUR ACCEPTANCE OF THESE
TERMS. IF YOU DO NOT AGREE TO THE TERMS
OF THIS AGREEMENT, DO NOT INSTALL AND/OR
USE THIS SOFTWARE. USER'S USE OF THIS
SOFTWARE IS CONDITIONED UPON COMPLIANCE
BY USER WITH THE TERMS OF THIS AGREEMENT.

1. LICENSE GRANT. Outer Technologies grants you a
license to use the trial version of the Linkman software
program (the "SOFTWARE") on any computer as long
as the terms of this license agreement are respected.
"You" means the company, entity, or individual installing
or using the SOFTWARE. "Use" means storing, loading,
installing, executing, or displaying the SOFTWARE.
You may not modify the SOFTWARE or disable any
licensing or control features of the SOFTWARE except
as an intended part of the SOFTWARE's programming
features. When you first install a copy of the SOFTWARE,
you are granted an evaluation period of not more than 30
days, after which time you must pay for the SOFTWARE
according to the terms and prices discussed in the
SOFTWARE's documentation, or you must remove the
SOFTWARE from your computer. This license is not
transferable to any other hardware product or other
company, entity, or individual.

2. OWNERSHIP. The SOFTWARE is owned and
copyrighted by Outer Technologies. Your license confers
no title or ownership in the SOFTWARE and should not
be construed as a sale of any right in the SOFTWARE.

3. COPYRIGHT. The SOFTWARE is protected by United
States copyright law and international treaty provisions.
You acknowledge that no title to the intellectual property
in the SOFTWARE is transferred to you. You further
acknowledge that title and full ownership rights to the
SOFTWARE will remain the exclusive property of Outer
Technologies and you will not acquire any rights to the
SOFTWARE except as expressly set forth in this license.
You agree that any copies of the SOFTWARE will
contain the same proprietary notices which appear on
and in the SOFTWARE.

4. UNAUTHORIZED USE. You may not use, copy, rent,
lease, sell, modify, decompile, disassemble, otherwise
reverse engineer, or transfer the SOFTWARE except
as provided in this agreement. Any such unauthorized
use shall result in immediate and automatic termination
of this license.

5. BUNDLING. In no case may the SOFTWARE be
bundled with hardware or other non-shareware software
without written permission from Outer Technologies.

6. DISTRIBUTION. Provided that you verify that you are
distributing the trial version of the SOFTWARE you are
hereby licensed to make as many copies of the trial
package of the SOFTWARE as you wish; give exact
copies of the original trial package of the SOFTWARE
to anyone; and distribute the trial package of the
SOFTWARE in its unmodified form via electronic
means (Internet, BBS's, Shareware distribution libraries,
CD-ROMs, etc.). You may charge a distribution fee for
the package, but you must not represent in any way
that you are selling the software itself.

Distribution of the registered version is forbidden.

All distribution of SOFTWARE is further restricted with
regard to sources which also distribute virus source
code and related virus construction/creation materials.
The SOFTWARE may not be made available on any site,
CD-ROM, or with any package which makes available or
contains viruses, virus source code, virus construction
programs, or virus creation material.

Permission to distribute the SOFTWARE is not
transferable, assignable, saleable, or franchisable.
Each entity wishing to distribute the package must
independently satisfy the terms of the distribution
license.

7. LIMITED WARRANTY. THIS SOFTWARE IS
PROVIDED ON AN "AS IS" BASIS. OUTER
TECHNOLOGIES DISCLAIMS ALL WARRANTIES
RELATING TO THIS SOFTWARE, WHETHER
EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NEITHER OUTER
TECHNOLOGIES NOR ANYONE ELSE WHO
HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THIS
SOFTWARE SHALL BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE SUCH SOFTWARE, EVEN
IF OUTER TECHNOLOGIES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR
CLAIMS. THE PERSON USING THE SOFTWARE
BEARS ALL RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW
LIMITATION OR EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSION MAY NOT APPLY TO
YOU TO THE EXTENT THAT LIABILITY IS BY LAW
INCAPABLE OF EXCLUSION OR RESTRICTION.

IN NO EVENT SHALL ANY THEORY OF LIABILITY
EXCEED THE LICENSE FEE PAID TO OUTER
TECHNOLOGIES.

8. SEVERABILITY. In the event of invalidity of any
provision of this license, the parties agree that such
invalidity shall not affect the validity of the remaining
portions of this license.

9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL OUTER TECHNOLOGIES OR
ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT
OF THE DELIVERY, PERFORMANCE, OR USE OF
THE SOFTWARE, EVEN IF OUTER TECHNOLOGIES
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL OUTER
TECHNOLOGIES'S LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT, OR ANY OTHER
THEORY OF LIABILITY, EXCEED THE LICENSE
FEE PAID BY YOU, IF ANY.

10. GOVERNING LAW. This agreement shall be
governed by the laws of Germany, excluding the
application of its conflicts of law rules, and shall
inure to the benefit of Outer Technologies and any
successors, administrators, heirs, and assigns.
Any action or proceeding brought by either party
against the other arising out of or related to this
agreement shall be brought only in a COURT of
competent jurisdiction located in Germany. The
parties hereby consent to in personam jurisdiction
of said courts. The United Nations Convention on
Contracts for the International Sale of Goods is
specifically disclaimed.

11. INSPECTION AND TESTING. You agree and
acknowledge that you will thoroughly inspect and test
the SOFTWARE for all of your purposes upon
commencement of your use. Any suit or other legal
action, claim, or any arbitration relating in any way to
this agreement or software covered by it must be
officially filed or officially commenced no later than
30 days after your first use of the software.

12. ENTIRE AGREEMENT. This is the entire
agreement between you and Outer Technologies,
which supersedes any prior agreement or
understanding, whether written or oral, relating to
the subject matter of this license.

13. RESERVED RIGHTS. All rights not expressly
granted here are reserved to Outer Technologies.