Mundo do CD-ROM 27/CDROM27.iso/lazer/a2b/setup.exe/_SETUP.1/license.txt

Text File | 1998-02-16 | 7.3 KB | 155 lines

THIS CONTAINS THE AT&T LIMITED USE AND SOFTWARE LICENSE
AGREEMENT (THE "AGREEMENT").

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE
YOU DOWNLOAD OR INSTALL THIS SOFTWARE.  BY DOWNLOADING
OR INSTALLING THIS SOFTWARE YOU ARE AGREEING TO THE
TERMS OF THIS AGREEMENT, WHICH SHALL REMAIN IN EFFECT
FROM DOWNLOAD OR INSTALLATION UNTIL YOU UNINSTALL THE
SOFTWARE AND DESTROY ALL COPIES OF IT. { ***IF YOU DO NOT
AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT
DOWNLOAD OR INSTALL THIS SOFTWARE.***(see alternative in last
paragraph)}

The terms and conditions of this Agreement will apply to the software
supplied herewith and all derivatives obtained therefrom, including any
updates or other related programs subsequently supplied to you, and to
any copy or copies of any of the foregoing (collectively, the
"SOFTWARE"). If you have executed a separate Software Agreement
covering the SOFTWARE, such Software Agreement will govern instead.


1.  TITLE AND LICENSE GRANT

The SOFTWARE is copyrighted and/or contains proprietary information
protected by law and may not be copied except incident to normal
installation in a hard drive and except for archival purposes (as provided
below).  All SOFTWARE, including any copy thereof, shall remain the
sole property of AT&T or its suppliers.  AT&T hereby grants you a
personal, non-transferable and non-exclusive right to use the
SOFTWARE furnished to you pursuant to this Agreement in all countries
except for Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria.

You agree not use the SOFTWARE for more than one processor, or for a
single processor with more than two audio input/output devices, without
the prior written approval of AT&T or (if applicable) the party other than
AT&T which is licensing  this software to you with AT&T's authorization
(the "Licensor").  The SOFTWARE, including any copy thereof, may not
be removed from the country in which use is initially licensed. You agree
not to translate, reverse-engineer, decompile or disassemble or create
any derivative works from the SOFTWARE.

You agree to use your best efforts to ensure that any use of the
SOFTWARE complies with the terms and conditions of this Agreement.

2.  ARCHIVE COPY

You may make a single archive copy of the SOFTWARE provided any
such archive copy shall contain the same copyright notice and
proprietary markings appearing on the original SOFTWARE.
3.  TERMINATION

This Agreement and the license granted hereunder will terminate
automatically if you fail to comply with the terms described herein. Upon
termination, you must destroy all copies of the SOFTWARE.

4.  LIMITED WARRANTY: LIMITATIONS OF LIABILITIES

ALTHOUGH AT&T HAS USED REASONABLE EFFORTS TO MINIMIZE
DEFECTS OR ERRORS IN THE SOFTWARE, EXCEPT FOR THE
REPLACEMENT OF SOFTWARE SPECIFICALLY PROVIDED FOR BELOW,
YOU AGREE THAT: THE SOFTWARE IS BEING MADE AVAILABLE TO
YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; YOU
ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE
OF, OR INABILITY TO USE, THE SOFTWARE; AND AT&T MAKES NO
REPRESENTATION OR WARRANTY, AND DISCLAIMS ALL IMPLIED
REPRESENTATIONS AND WARRANTIES, THAT THE SOFTWARE WILL
PERFORM IN THE MANNER EXPECTED WITHOUT INTERRUPTION, ERROR
OR DEFECT.

WITHOUT LIMITING THE FOREGOING:  ALL REPRESENTATIONS,
CONDITIONS, WARRANTIES AND TERMS RELATING TO THIS
AGREEMENT, WHETHER STATUTORY OR OTHERWISE (INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY
RESPECTING SATISFACTORY QUALITY) ARE HEREBY DISCLAIMED
BY AT&T, THE LICENSOR (IF APPLICABLE), AND THEIR AFFILIATES,
CONTRACTORS, SUPPLIERS AND AGENTS TO THE FULLEST EXTENT
PERMITTED BY LAW; AND NEITHER AT&T NOR THE LICENSOR (IF
APPLICABLE) SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR OR IN RESPECT OF ANY DIRECT, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL LIABILITY, LOSS OR DAMAGE, OR FOR ANY LOSS
OF DATA, PROFIT, REVENUE OR BUSINESS, HOWSOEVER CAUSED
(WHETHER ARISING OUT OF ANY NEGLIGENCE OR BREACH OF THIS
AGREEMENT OR OTHERWISE), EVEN IF THE SAME WAS
FORESEEABLE BY, OR THE POSSIBILITY THEREOF IS OR HAS BEEN
BROUGHT TO THE ATTENTION OF AT&T OR THE LICENSOR (IF
APPLICABLE).

YOU AGREE THAT YOUR SOLE REMEDY AGAINST AT&T, THE
LICENSOR (IF APPLICABLE) THEIR AFFILIATES, CONTRACTORS,
SUPPLIERS, AND AGENTS FOR LOSS OR DAMAGE CAUSED BY ANY
DEFECT OR FAILURE IN THE SOFTWARE REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING
NEGLIGENCE, STRICT LIABILITY OR  OTHERWISE, SHALL BE THE
REPLACEMENT OF AT&T FURNISHED SOFTWARE, PROVIDED SUCH
SOFTWARE IS RETURNED TO AT&T WITH A COPY OF YOUR SALES
RECEIPT.  THE FOREGOING SHALL BE YOUR SOLE REMEDY AGAINST
AT&T, THE LICENSOR (IF APPLICABLE) THEIR AFFILIATES,
CONTRACTORS, SUPPLIERS AND AGENTS, EXCEPT FOR YOUR RIGHT
TO CLAIM DAMAGES FOR BODILY INJURY TO ANY PERSON.

Furthermore, unless a separate agreement for SOFTWARE maintenance
is entered into between you and AT&T or the Licensor (if applicable),
AT&T and such Licensor bear no responsibility for supplying assistance
for repairing or for communicating known errors to you, pertaining to the
SOFTWARE supplied hereunder.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN TYPES OF LIABILITY.  THEREFORE, THE
ABOVE EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO THAT
EXTENT, AND NONE OF THE ABOVE SHOULD BE CONSTRUED AS
EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMISSIVE
UNDER APPLICABLE LAW.


5.  USE OF INFORMATION

By downloading or installing the SOFTWARE, you accept that the
Licensor (if any), licensors of musical content at the a2b music Web Site,
third parties involved in transactions which take place at the a2b music
Web Site, as well as AT&T, may send unsolicited e-mail messages or
other unsolicited communications to you, and to facilitate such
communications, such third parties may be informed of and use, and
AT&T may use,  your name, telephone number, e-mail address,
residential address, office address, and/or fax number, to the extent you
furnish such information to AT&T.  Each such unsolicited e-mail or other
communication shall be accompanied by an option or similar means by
which you may elect not to receive further unsolicited communications
from the originating party.


6. APPLICABLE LAW

This Agreement shall be construed in accordance with and governed by
the laws of the State of New York in the United States of America.  Both
you and AT&T consent to the exclusive jurisdiction of the state and
federal courts having jurisdiction over New York County, New York for
the adjudication of any controversy, claim or dispute which arises from
or relates to this Agreement and/or the SOFTWARE to which it relates.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT  AND
UNDERSTAND IT, AND THAT BY DOWNLOADING OR INSTALLING THE
SOFTWARE YOU AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.  YOU FURTHER AGREE THAT, EXCEPT FOR SEPARATE
WRITTEN AGREEMENTS BETWEEN AT&T AND YOU OR THE
LICENSOR (IF APPLICABLE) AND YOU, THIS AGREEMENT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND
LIABILITIES OF THE PARTIES.  THIS AGREEMENT SUPERSEDES ALL
PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDING, AND
ANY OTHER COMMUNICATIONS BETWEEN YOU AND AT&T AND/OR
SUCH LICENSOR RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.