InterCD 1998 August/august_1998.iso/Win95Software/ESafe/SETUP.TXT

Text File | 1997-07-13 | 9.5 KB | 190 lines

eSafe Protect LICENSE AGREEMENT

Please read this License Agreement before downloading the Product
and indicate your acceptance by choosing the 'I accept' Button

This Agreement was last updated on June 12, 1997

YOU MUST READ AND AGREE TO THIS VERSION OF THIS AGREEMENT BEFORE
USING eSafe Protect. (the "Product"). By completing the installation
process or clicking the 'I accept' button, you are indicating that
you agree to be bound by all the terms of this Agreement. You may
print and keep a copy of this Agreement.

This Agreement has 3 sections.  Section I applies if you are
downloading the Product free of charge for evaluation purposes only.
Section II applies if you have purchased a license to the Product.
Section III applies to all grants of license.

Section I -- TERMS APPLICABLE TO GRANT OF EVALUATION LICENSE

EliaShim Ltd. ("EliaShim") grants you a non-exclusive license to
use the Product free of charge for the purpose of evaluating whether
to purchase an ongoing license to the Product.  The evaluation period
is limited to 30 days. If you are using the Product free of charge,
you are not entitled to hard-copy documentation or support. You may
use the Product in the manner described in Section III below under
"Extent of Grant."

DISCLAIMER OF WARRANTY.

The Product is provided on an "AS IS" basis, without warranty of
any kind. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. SOME JURISDICTIONS
DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER
MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY
BY JURISDICTION. The entire risk as to the quality and performance
of the Product is borne by you. This disclaimer of warranty constitutes
an essential part of the agreement.

If you initially acquired a copy of the Product without purchasing
a license and you wish to purchase a license, contact EliaShim on
the Internet at http://www.esafe.com or http://www.eliashim.com or
call us at 1-888-7-SAFEPC or [phone].

SECTION II -- APPLICABLE TERMS WHEN LICENSE FEE PAID

GRANT. Subject to payment of applicable license fees, EliaShim grants
to you a non-exclusive license to use the Product and accompanying
documentation ("Documentation") in the manner described in Part III
below under "Extent of Grant."

LIMITITATION OF WARRANTY.

EliaShim warrants that for a period of ninety (90) days from the date
of acquisition, the Product, if operated as directed, will substantially
perform in accordance with the functionality described in the
Documentation. EliaShim does not warrant, however, that your use of
the Product will be uninterrupted or that the operation of the Product
will be error-free or secure. EliaShim's sole liability for any breach
of this warranty shall be, in EliaShim's sole discretion: (i) to replace
or repair your defective Product; or (ii) to refund the price paid for
the Product. Any replacement or repaired Product will be warranted for
the remainder of the original warranty period or 30 days, whichever
is longer. Only if you inform EliaShim in writing of your problem with
the Product during the applicable warranty period and provide evidence
of the date you purchased a license to the Product will EliaShim be
obligated to honor this warranty. EliaShim will use reasonable commercial
efforts to repair, replace or refund pursuant to the foregoing warranty
within 30 days of being so notified.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY ELIASHIM.
ELIASHIM MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT
OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD;
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO ELIASHIM DEALER, AGENT, OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS
TO THIS WARRANTY. If any modifications are made to the Product by you
during the warranty period; if the media is subjected to accident, abuse,
or improper use; or if you violate the terms of this Agreement, then
this warranty shall immediately be terminated. This warranty shall not
apply if the Product is used on or in conjunction with hardware or
Product other than the unmodified version of hardware and Product with
which the Product was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION.

SECTION III -- TERMS APPLICABLE TO ALL GRANTS OF LICENSE

EXTENT OF GRANT.

Product: You may use one copy of the Product on any single computer.

Network: You may allow other computers over an internal network to use
the Product, provided that you must acquire and dedicate a license to
the Product for each computer on which the Product is used or to which
it is distributed. A license for the Product may not be shared or used
concurrently on different computers.

Back-up: You may make a single back-up copy of the Product for archival
purposes.

Limitations: You may not modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit
such restriction), or create derivative works based on the Product.

Rental: You may not rent or lease the Product.

Transfer: You may permanently transfer all of your rights under this
Agreement only as part of a sale or transfer of your computer, provided
you retain no copies, you transfer all of the Product, and, the recipient
agrees to the terms of this Agreement. If the Product is an upgrade,
any transfer must include all prior versions of the Product.

COPYRIGHT.

Title, ownership rights, and intellectual property rights in the Product
and Documentation are owned by EliaShim and/or its suppliers. The Product
is protected by the copyright laws and treaties.  You may not copy the
Documentation.

TERMINATION.

Without prejudice to any other rights, EliaShim may terminate this
license if you fail to comply with the limitations described herein.
On termination, you must destroy all copies of the Product and Documentation.

CONSEQUENTIAL DAMAGES

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL ELIASHIM OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERUPTION, COMPUTER FAILURE
OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION,
DAMAGES FOR PERSONAL INJURY OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES. IN NO EVENT WILL ELIASHIM BE LIABLE FOR ANY DAMAGES IN EXCESS
OF THE AMOUNT ELIASHIM RECEIVED FROM YOU FOR A LICENSE TO THE PRODUCT,
EVEN IF ELIASHIM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

EXPORT CONTROLS.

None of the Product or underlying information or technology may be
downloaded or otherwise exported or reexported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria
or any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table
of Denial Orders. By downloading or using the Product, you are
agreeing to the foregoing and you are representing and warranting
that you are not located in, under the control of, or a national
or resident of any such country or on any such list.

MISCELLANEOUS.

If the copy of the Product you received was accompanied by a printed
or other form of "hard-copy" End User License Agreement whose terms
vary from this Agreement, then the hard-copy End User License Agreement
governs your use of the Product.  This Agreement represents the complete
agreement concerning this license and may amended only by a writing
executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED
BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET
FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision
of this Agreement is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable.  This
Agreement shall be governed by Florida law (except for conflict of
law provisions). The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS.  Use, duplication or disclosure
by the Government is subject to restrictions set forth in
subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and
in similar clauses in the NASA FAR Supplement. Manufacturer is
EliaShim Ltd. c/o EliaShim Inc., 1 SW 129th Avenue, Suite #105,
Pembroke Pines, FL 33027, USA


I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE
BOUND BY ALL OF THE TERMS.

Please indicate your acceptance by choosing the 'I accept' Button.