InterCD 2000 March/march_2000.iso/Palm/Internet/HandFax/License.txt

Text File | 1998-07-10 | 7.3 KB | 147 lines

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THIS EVALUTION SOFTWARE IS PROVIDED "AS IS" AND WITHOUT
WARRANTY OF ANY KIND.

The standard user license is given below
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HANDFAX SOFTWARE LICENSE AGREEMENT

NOTICE-READ BEFORE INSTALLING THIS PACKAGE

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE
INSTALLING THIS PACKAGE. INSTALLING THIS PACKAGE INDICATES YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE
WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY RETURN
THE ENTIRE PACKAGE AND YOUR RECEIPT WITHIN 30 DAYS TO THE PLACE
OF PURCHASE FOR A REFUND IN THE AMOUNT YOU PAID.

1.  Definitions
The SOFTWARE is licensed (not sold) to you, and Smartcode Software
Inc. ("SMARTCODE") owns all patents, trademarks, copyrights, trade
secrets, and other proprietary rights in the SOFTWARE The term
"SOFTWARE" includes all copies of the HANDFAX VERSION, associated
media, printed materials, and electronic documentation.

2.  Agreement
         This SMARTCODE License Agreement ("License Agreement" or
"Agreement") is a legal agreement between you and SMARTCODE for
use of the SOFTWARE.

3.  Property
         The SOFTWARE which accompanies this License Agreement is
the property of SMARTCODE and is protected by copyright law and
international copyright treaties, as well as other intellectual
property laws and treaties.  SMARTCODE retains all intellectual
property rights including, but not limited to, patent, trademark,
copyright, and trade secret rights in the SOFTWARE.

4. License Grant
a.  Authorized Use.  SMARTCODE grants you a nonexclusive license
to use the SOFTWARE on a single computer. You may make one copy
of the SOFTWARE's computer program for back-up purposes only.

b. Restrictions. You may not: (1) copy (other than once for back-up
purposes), distribute, rent, lease or sublicense all or any portion
of the SOFTWARE; (2) modify or prepare derivative works of the
SOFTWARE; (3) use the SOFTWARE in a computer-based services business
or publicly display visual output of the SOFTWARE; (4) transmit the
SOFTWARE over a network, by telephone, or electronically using any
means; or (5) reverse engineer, decompile or disassemble the SOFTWARE.
You agree to keep confidential and use your best efforts to prevent
and protect the contents of the SOFTWARE from unauthorized disclosure
or use.

c. Transfer. You may transfer the SOFTWARE, but only if the recipient
agrees to accept the terms and conditions of this Agreement. If you
transfer the SOFTWARE, you must transfer all computer programs and
documentation and erase any copies residing on computer equipment.
Your license is automatically terminated if you transfer the SOFTWARE.

5. Limited SOFTWARE Warranty
        For 30 days from the date of shipment, we warrant that the
physical media (for example, diskette) on which the SOFTWARE is
contained will be free from defects in materials and workmanship.
This warranty does not cover damage caused by improper use or neglect.
We do not warrant the contents of the SOFTWARE or that it will be error
free. The SOFTWARE is furnished "AS IS" and without warranty as to the
performance or results you may obtain by using the SOFTWARE. The entire
risk as to the results and performance of the SOFTWARE is assumed by you.
To obtain warranty service during the 30-day warranty period, you may
return the SOFTWARE (postage paid) along with your receipt with a
description of the problem to Vendor. The defective media in which the
SOFTWARE is contained will be replaced at no additional charge to you.

6. Remedy
In addition to the terms of paragraph 5 of this Agreement, if you do
not receive media which is free from defects in materials and
workmanship during the 30- day warranty period, then you may obtain
a refund for the amount you paid for the SOFTWARE by returning the
entire package, along with your receipt, to the place of purchase
within the 30-day warranty period.

7. Disclaimer of Warranty and Limitation of Remedies

a. THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM AND EXCLUDE ALL OTHER
WARRANTIES. IN NO EVENT WILL OUR LIABILITY OF ANY KIND INCLUDE ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,
EVEN IF WE HAVE KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.  IN NO EVENT
SHALL SMARTCODE'S LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.

b. We will not be liable for any loss or damage caused by delay in
furnishing a SOFTWARE or any other performance under this Agreement.

c. Our entire liability and your exclusive remedies for our liability
of any kind (including liability for negligence except liability for
personal injury caused solely by our negligence) for the SOFTWARE
covered by this Agreement and all other performance or nonperformance
by us under or related to this Agreement are limited to the remedies
specified by this Agreement.

d. Some states do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you. This warranty gives you
specific legal rights, and you may also have other rights which vary
from state to state.

8. Termination

This Agreement is effective until terminated. You may terminate it at
any time by destroying the SOFTWARE, including all computer programs
and documentation, and erasing any copies residing on computer
equipment. This Agreement also will terminate if you do not comply
with an terms or conditions of this Agreement. Upon such termination
you agree to destroy the SOFTWARE and erase all copies residing on
computer equipment.


9. U.S. Government Restricted Rights

The SOFTWARE is provided to the Government only with restricted rights
and limited rights. Use, duplication, or disclosure by the Government
is subject to restrictions set forth in FAR Sections 52-227-14 and
52-227-19 or DFARS Section 52.227-7013(C)(1)(ii), as applicable.

10. MISCELLANEOUS

          The Agreement shall be construed by the laws of California.
If any part of this Agreement is found to be void or unenforceable,
then it will not affect the validity or enforceability of the balance
of this Agreement, which shall remain valid and enforceable according
to its terms.  You agree that the SOFTWARE will not be shipped,
transferred or exported into any country or used in any manner
prohibited by the United States Administration Act or any other
export laws, restrictions or regulations.  This Agreement may only
be modified by a license addendum which accompanies this license of
an upgrade to the SOFTWARE, or by a written document that has been
signed by you and an officer of SMARTCODE.  This Agreement automatically
terminates if the licensee violates any of the terms of this Agreement.

11.  Additional Information

         If you have any questions regarding this Agreement, or if you
wish to contact SMARTCODE for any reason, please write to Smartcode
Software, Inc., Customer Service, Smartcode Software, Inc., Sorrento Towers,
5355 Mira Sorrento Place, Suite 100, San Diego, CA 92121.  You may also
contact us by sending electronic mail to [e-mail].