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- SOFTWARE
- Diamond K Software 60-Day Evaluation License Agreement
- What Can I Cook for Windows 95/98 v 1.0
- Copyright (c) 1999 Diamond K Software
- All Rights Reserved.
-
- THIS IS AN EVALUATION COPY OF THIS SOFTWARE. You may
- use this software for only sixty (60) days, after
- which period you must either buy the software from
- Diamond K Software or stop using it and remove
- it from your computer.
-
- NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL
- AGREEMENT ("AGREEMENT"), WHICH SETS FORTH LICENSE TERMS
- FOR THE DIAMOND K SOFTWARE IDENTIFIED IN THE
- HEADING ABOVE ("SOFTWARE"). BY INSTALLING THE SOFTWARE,
- YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT
- TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT WITH
- DIAMOND K SOFTWARE ("DIAMOND K SOFTWARE"). IF YOU
- DO NOT AGREE TO ALL OF ITS TERMS, DO NOT INSTALL THE
- SOFTWARE, OR DESTROY ALL COPIES OF THE SOFTWARE THAT YOU
- HAVE INSTALLED. Your right to use the Software is limited.
- If you have already downloaded and installed evaluation copies
- of this or prior versions of the Software, you may not use this Software and must
- immediately cease using this copy and destroy it. To
- obtain full-use rights, you must pay for the Software
- and enter a valid End User License Agreement with
- Diamond K Software concerning such use.
-
- 1. License Grant. Subject to the terms and conditions of
- this Agreement, Diamond K Software hereby grants to
- you a non-exclusive, non-transferable right to use one
- copy of the specified version of the Software and the
- accompanying documentation (the "Documentation") solely
- for your internal evaluation purposes during the term of
- this Agreement. You may install one copy of the Software
- on one computer, workstation, personal digital assistant,
- pager, "smart phone" or other electronic device for which
- the Software was designed (each, a "Client Device").
-
- a. Single Use. The Software is a single product; it may
- not be used on more than one Client Device or by more
- than one user at a time. The Software is "in use" on
- a computer when it is loaded into the temporary memory
- (i.e., random-access memory or RAM) or installed into the
- permanent memory (e.g., hard disk, CD-ROM disc,
- or other storage device) of that Client Device.
-
-
- 2. Term. This Agreement is effective for sixty (60)
- days following the date you installed the Software
- unless you or Diamond K Software terminates the
- Agreement earlier in accordance withe the terms
- set forth herein. This Agreement will terminate
- automatically if you fail to comply with any of the
- limitations or other requirements described herein.
- Upon termination, you must destroy all copies of the
- Software and Documentation. You may terminate this
- Agreement at any point by destroying the Software
- and Documentation together with all copies of the
- Software and Documentation.
-
- 3. Ownership Rights. The Software is protected by United
- States copyright laws and international treaty
- provisions. Diamond K Software and its suppliers own
- and retain all right, title and interest in and to the
- Software, including all copyrights, patents, trade
- secret rights, trademarks and other intellectual
- property rights therein. You acknowledge that your
- possession, installation, or use of the Software
- does not transfer to you any title to the intellectual
- property in the Software, and that you will not acquire
- any rights to the Software except as expressly set forth
- in this Agreement. You agree that any copies of the
- Software and Documentation will contain the same
- proprietary notices that appear on and in the Software
- and Documentation.
-
- 4. Restrictions. You may not rent, lease, loan or resell the
- Software. You may not permit third parties to benefit from
- the use or functionality of the Software via a timesharing,
- service bureau or other arrangement, except to the extent
- that the applicable product invoicing or packaging permits
- such use. You may not transfer any of the rights granted to
- you under this Agreement. You may not reverse engineer,
- decompile, or disassemble the Software, except to the extent
- that the foregoing restriction is expressly prohibited by
- applicable law. You may not modify, or create derivative
- works based upon, the Software in whole or in part. You may
- not copy the Software or Documentation except as expressly
- permitted in Section 1 above. You may not remove any
- proprietary notices or labels on the Software. All rights
- not expressly set forth hereunder are reserved by Diamond
- K Software. Diamond K Software reserves the right to
- periodically conduct audits upon advance written notice to
- verify compliance with the terms of this Agreement.
-
-
- 5. Warranty Disclaimer. BECAUSE THIS IS AN EVALUATION COPY,
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE
- SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY
- OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE
- FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR
- SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS,
- AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED
- FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING
- PROVISIONS, DIAMOND K SOFTWARE MAKES NO WARRANTY THAT THE
- SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR
- OTHER FAILURES, OR THAT THE SOFTWARE WILL MEET YOUR
- REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
- LAW, DIAMOND K SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER
- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE
- AND THE ACCOMPANYING DOCUMENTATION. SOME STATES AND
- JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
- WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
- YOU. The foregoing provisions shall be enforceable to
- the maximum extent permitted by applicable law.
-
- 6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER
- NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
- SHALL DIAMOND K SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU
- OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
- INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
- INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
- WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY
- AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL DIAMOND K
- SOFTWARE BE LIABLE FOR ANY DAMAGES, EVEN IF DIAMOND K SOFTWARE
- SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
- FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH
- LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO
- NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
- MIGHT NOT APPLY TO YOU. The foregoing provisions shall be
- enforceable to the maximum extent permitted by applicable
- law.
-
-
- 7. The Software and accompanying Documentation are deemed to
- be "computer software" and "computer software documentation,"
- respectively Any use, modification, reproduction, release,
- performance, display or disclosure of the Software and
- accompanying Documentation shall be governed
- solely by the terms of this Agreement and shall be prohibited
- except to the extent expressly permitted by the terms of this
- Agreement.
-
-
- 8. Miscellaneous. This Agreement is governed by the laws of
- the United States and the State of Texas, without
- reference to conflict of laws principles. This
- Agreement sets forth all rights for the user of the
- Software and is the entire agreement between the parties.
- This agreement supersedes any other communications with
- respect to the Software and Documentation. This Agreement
- may not be modified except by a written addendum issued
- by a duly authorized representative of Diamond K Software.
- No provision hereof shall be deemed waived unless such
- waiver shall be in writing and signed by Diamond K Software
- or a duly authorized representative of Diamond K Software.
- If any provision of this Agreement is held invalid, the
- remainder of this Agreement shall continue in full force
- and effect. The parties confirm that it is their wish that
- this Agreement has been written in the English language
- only.
-
- 9. Diamond K Software CUSTOMER CONTACT. If you have any
- questions concerning these terms and conditions, or if you
- would like to contact Diamond K Software for any other
- reason, please e-mail or visit the Diamond K Software website.
-
- e-mail: webmaster@whatcanicook.com
-
- http://www.whatcanicook.com
-
-