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- █ C O N T E N T S █
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- Subject LICENSE .DOC Line
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- Copyright Notice.............................................. 17
- Agreements
- LICENSE AGREEMENT......................................... 32
- SUPPORT AND TRAINING SERVICES AGREEMENT...................182
- Index.........................................................260
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- █ WithList Copyright Notice █
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- Copyright 1990 by Richard Grubic and OurSoft, all rights reserved.
-
- WithList is not free software and is not dedicated to the Public
- Domain.
- WithList is fully Copyrighted and protected under US Federal and
- International Copyright laws.
-
-
-
- █▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀█
- █ LICENSE AGREEMENT █
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-
-
- By using, performing, displaying, or copying WithList, hereinafter
- The Software, you agree to the terms of this License Agreement. If
- you do not agree to the terms of this License, erase all copies of The
- Software in your possession.
-
-
- The Software is delivered as the packed file WithList.zip and
- includes the following files:
-
- WITHLIST.BAT executes a command repetitively with a file of inputs
- SUMMARY .DOC overview of WithList
- MANUAL .DOC on-line manual
- INFO .DOC ordering information, policies, prices, terms, etc.
- LICENSE .DOC license agreements
- ORDER .DOC registration form
-
-
-
- In addition, the following Public Domain file by Richard Marks
- and which is not copyrighted by OurSoft is contained in the
- distribution file:
-
- SETENV .ZIP Richard Marks environment modifier package
-
- 1. You are hereby granted a limited non-exclusive license to use,
- perform and/or display The Software an unlimited number of times.
- In lieu of a licensing fee you are requested to comply with the
- special requests listed in MANUAL.DOC.
-
-
- 2. With this License, you are granted a restricted non-exclusive
- license to copy and distribute internally by any means an unlimited
- number of copies of The Software with the following restriction.
-
-
-
- a. You may internally print the documentation and/or use, perform,
- display, modify, distribute or copy The Software. But you must
- include the copyright notice with each of those copies.
-
- 3. With this License, you are granted a restricted non-exclusive
- license to copy and distribute externally by electronic or magnetic
- means an unlimited number of copies of The Software with the following
- restrictions.
-
- a. The Software is not for sale, lease, or rental. You may not
- sell, lease or rent it. You may not make a specific charge for The
- Software. You may however charge a nominal amount for diskette
- distribution, service charges, or time/access charges to your
- telecommunications service or bulletin board, so long as you make no
- fee specifically for The Software.
-
- b. You may not indicate or imply that The Software you distribute is
- free in your advertising or in your promotional materials. You may
- not indicate or imply that payment of your charges is all that a
- customer needs to pay for permanent usage of The Software. Your
- materials must not indicate or imply that any of the fees you charge
- compensates the author or OurSoft.
-
-
- c. You may not include The Software along with any other product
- without specific written permission from OurSoft.
-
- d. You must copy The Software in its entirety. That is, you must copy
- the entire original packed file unaltered, including the
- documentation, copyright notice, license and registration information.
- You may not copy or distribute The Software externally in modified or
- altered form without specific written permission from OurSoft.
-
- e. You may not copy or distribute any printed documentation externally
- to your organization.
-
- 4. You are encouraged to make add-on improvements, or add-on
- enhancements and to write programs which work in conjunction with The
- Software. You are encouraged to separately market such add-on
- programs with no royalties to OurSoft, so long as you do not include
- The Software from OurSoft with your program, and so long as you do not
-
- imply any sanction by, warrantee by, nor affiliation with OurSoft,
- without specific written permission from OurSoft.
-
- 5. OurSoft may make changes in The Software at any time without
- notice. This License does not include any future updates providing
- enhancements to The Software. See Policies.
-
- 6. OurSoft does not and the authors do not warrant any copy of The
- Software which has been altered or changed in any way by you or by
- others. The Software is provided "as is". OurSoft does not and the
- authors do not warrant that The Software will meet your specific
-
- requirements. It is up to you to ascertain if The Software is
- acceptable.
-
- The aggregate liability of OurSoft and the authors, and your exclusive
- remedy, shall be limited to the amount actually paid by you for
- license fees and registration of The Software.
-
- NEITHER OURSOFT NOR THE AUTHORS MAKE ANY EXPRESS OR IMPLIED WARRANTIES
- OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO
- NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
- MAY NOT APPLY TO YOU.
-
- NEITHER OURSOFT NOR THE AUTHORS SHALL BE LIABLE FOR ANY DAMAGES
- WHATSOEVER, RELATING TO THE QUALITY OR PERFORMANCE OF THE SOFTWARE OR
- THE INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOST
- PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA, AND THE LIKE,
- EVEN IF OURSOFT OR THE AUTHORS HAS BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
- LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
- EXCLUSION MAY NOT APPLY TO YOU.
-
- 7. The Software is provided to the U.S. Government with RESTRICTED
- RIGHTS applicable to commercial computer software developed at private
- expense and not in the public domain. Use, duplication, or disclosure
- by the Government is subject to restrictions as set forth in The
- Rights in Technical Data and Computer Software clause at 252.227-7013.
-
- 8. This License Agreement is governed by the laws of the State of
- Washington.
-
- 9. In the event of any dispute arising under this License Agreement,
- your representative and a representative of OurSoft shall meet at a
- mutually agreeable site in King County, State of Washington, no later
- than fifteen days after delivery of notice of alleged breaches, and
- shall enter into good faith negotiations aimed at curing the alleged
- breaches. If such representatives are unable to resolve the dispute
- in a satisfactory manner within the following five days, either you or
- OurSoft may seek binding arbitration by submitting the matter to
- binding arbitration conducted under the commercial rules then
- prevailing of the American Arbitration Association, by a panel of not
- less than three arbitrators appointed by the American Arbitration
- Association, at least one of whom must have substantial experience in
- the field of computer software technology and licensing. The decision
- of the arbitrators shall be final and binding on you and OurSoft and
- may be entered and enforced in any court of competent jurisdiction.
-
-
- Each party to the dispute shall pay their own attorney fees,
- their own expert witness costs and expenses, and their own costs and
- expenses incurred directly or indirectly in connection with the
- proceedings.
-
-
- 10. In the event that any term of this License Agreement should be
- declared void or unenforceable by any court of competent jurisdiction,
- such declaration shall have no effect on the remaining terms hereof.
-
-
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- █ SUPPORT AND TRAINING SERVICES AGREEMENT █
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- By paying the registration fee for Support and Training Services you
- agree to the terms of this Support and Training Services Agreement.
-
- 1. This Support and Training Services Agreement will commence on the
- earlier of the date your payment or of the date purchase order is sent
-
- or transmitted to OurSoft. It expires five years after your last use
- of Support and Training Services.
-
- 2. OurSoft will use all reasonable diligence to provide advice and or
- training services per your specific inquiry or request in accordance
-
- with the then current price schedule and policies. See Price Schedule
- and see Policies.
-
- 3. You will use all reasonable diligence to promptly pay OurSoft
- statements for services under this agreement in accordance with the
- then current terms and policies. See Terms and see Policies.
-
- 4. The aggregate liability of OurSoft, and your exclusive remedy,
- shall be limited to the amount actually paid by you for support and or
- training fees for six months preceding the incident giving rise to
- such liability.
-
- OURSOFT MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING
- BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
- FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF
- IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
-
-
- OURSOFT ASSUMES NO RESPONSIBILITY FOR YOUR USE OF THE INFORMATION
- PROVIDED THROUGH OURSOFT SUPPORT AND OR TRAINING SERVICES. OURSOFT
- SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT
- LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, OR
- LOST PROFITS, EVEN IF OURSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
- LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
- EXCLUSION MAY NOT APPLY TO YOU.
-
- 5. This Support and Training Services Agreement is governed by the
- laws of the State of Washington.
-
- 6. In the event of any dispute arising under this Support and Training
- Services Agreement, your representative and a representative of
- OurSoft shall meet at a mutually agreeable site in King County, State
- of Washington, no later than fifteen days after delivery of notice of
- alleged breaches, and shall enter into good faith negotiations aimed
- at curing the alleged breaches. If such representatives are unable to
- resolve the dispute in a satisfactory manner within the following five
- days, either you or OurSoft may seek binding arbitration by submitting
- the matter to binding arbitration conducted under the commercial rules
- then prevailing of the American Arbitration Association, by a panel of
- not less than three arbitrators appointed by the American Arbitration
- Association, at least one of whom must have substantial experience in
- the field of computer software technology and licensing. The decision
- of the arbitrators shall be final and binding on you and OurSoft and
- may be entered and enforced in any court of competent jurisdiction.
-
- Each party to the dispute shall pay their own attorney fees,
- their own expert witness costs and expenses, and their own costs and
- expenses incurred directly or indirectly in connection with the
- proceedings.
-
- 7. In the event that any term of this Support and Training Services
- Agreement should be declared void or unenforceable by any court of
-
- competent jurisdiction, such declaration shall have no effect on the
- remaining terms hereof.
-
-
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- █ I N D E X █
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- Agreements
- Arbitration............................................158, 236
- LICENSE AGREEMENT........................................... 32
- SUPPORT AND TRAINING SERVICES AGREEMENT.....................182
- Contents...................................................... 2
- Copyright Notice.............................................. 17
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