Netscape Plug-Ins Developer's Kit/Netscape_Plug-Ins_Developers_Kit.iso/plugins/DWG_DXF/NPDWG32.EXE/DATA.1/LIC-DWG.TXT

Text File | 1996-02-16 | 11.8 KB | 248 lines

SoftSource DWG/DXF plug-in End User License Agreement

BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE
PACKAGE OR DOWNLOADING THE PRODUCT, YOU ARE
CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU
DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
CLICK THE "DO NOT ACCEPT" BUTTON AND THE
INSTALLATION PROCESS WILL NOT CONTINUE, RETURN
THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL
REFUND, OR DO NOT DOWNLOAD THE PRODUCT.


SOFTSOURCE END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED

This License Agreement has 3 parts. Part I applies if you have
not purchased a license to the software. Part II applies if you
have purchased a license to the software. Part III applies to
all license grants. If you initially acquired a copy of the software
without purchasing a license and you wish to purchase a license,
contact SoftSource ("SoftSource") on the Internet at
http://www.softsource.com/softsource.


PART I -- TERMS APPLICABLE WHEN LICENSE FEES
                NOT (YET) PAID

GRANT. SoftSource hereby grants you a non-exclusive license
to use its DWG/DXF plug-in software ("Software") free of charge
if (a) you are a student, faculty member or staff member of an
educational institution (K12, junior college, college or library)
or an employee of a charitable non-profit organization; or (b)
your use of the Software is for the purpose of evaluating whether
to purchase an ongoing license to the Software. The evaluation
period for use by or on behalf of a commercial entity is limited
to 30 days; evaluation use by others is not subject to this restriction.
Government agencies (other than public libraries) are not considered
educational or charitable non-profit organizations for purposes
of this license agreement. If you are using the Software free
of charge, you are not entitled to hard-copy documentation, support
or telephone assistance. If you fit within the description above,
you may use the Software in the manner described in Part III below
under "Scope of Grant."

DISCLAIMER OF WARRANTY. Free of charge Software is provided
on an "AS IS" basis, without warranty of any kind, including
without limitation the warranties of merchantability, fitness
for a particular purpose and non-infringement. The entire risk
as to the quality and performance of the Software is borne by
you. Should the Software prove defective, you and not SoftSource
assume the entire cost of any service and repair. In addition,
the security mechanisms implemented by SoftSource software have
inherent limitations, and you must determine that the Software
sufficiently meets your requirements. This disclaimer of warranty
constitutes an essential part of the agreement. SOME STATES 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 FROM STATE TO
STATE OR BY JURISDICTION.


PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID

GRANT. Subject to payment of, $50 dollars per station US,
applicable license fees, SoftSource hereby grants to you a
non-exclusive license to use the Software and accompanying
documentation ("Documentation") in the manner described in
Part III below under "Scope of Grant", subject to the terms
herein.

LIMITED WARRANTY. SoftSource warrants that for a period of
ninety (90) days from the date of acquisition, the Software,
if operated as directed, will substantially achieve the
functionality described in the Documentation. SoftSource does
not warrant, however, that your use of the Software will be
uninterrupted or that the operation of the Software will be
error-free or secure. In addition, the security mechanisms
implemented by SoftSource software have inherent limitations,
and you must determine that the Software sufficiently meets
your requirements. SoftSource also warrants that the media
containing the Software, if provided by SoftSource, is free
from defects in material and workmanship and will so remain
for ninety (90) days from the date you acquired the Software.
SoftSource's sole liability for any breach of this warranty
shall be, in SoftSource's sole discretion: (i) to replace
your defective media; or (ii) to advise you how to achieve
substantially the same functionality with the Software as
described in the Documentation through a procedure different
from that set forth in the Documentation; or (iii) if the
above remedies are impracticable, to refund the license fee
you paid for the Software. Repaired, corrected, or replaced
Software and Documentation shall be covered by this limited
warranty for the period remaining under the warranty that
covered the original Software, or if longer, for thirty (30)
days after the date (a) of shipment to you of the repaired or
replaced Software, or (b) SoftSource advised you how to
operate the Software so as to achieve the functionality
described in the Documentation. Only if you inform SoftSource
of your problem with the Software during the applicable
warranty period and provide evidence of the date you purchased
a license to the Software will SoftSource be obligated to
honor this warranty. SoftSource will use reasonable commercial
efforts to repair, replace, advise 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 SOFTSOURCE. SOFTSOURCE 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 STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO
YOU. NO SOFTSOURCE DEALER, AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS,
OR ADDITIONS TO THIS WARRANTY.  If any modifications
are made to the Software 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 Software is used on or in conjunction with
hardware or software other than the unmodified version of
hardware and software with which the Software 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
FROM STATE TO STATE OR BY JURISDICTION.


PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS

SCOPE OF GRANT.

You may:

-- use the Software on any single computer;
-- use the Software on a network, provided that each person accessing
   the Software through the network must have a licensed copy;
-- use the Software on a second computer so long as the first and
   second computers are not used simultaneously; or
-- copy the Software for archival purposes, provided any copy must
   contain all of the original Software's proprietary notices.

You may not:

-- permit other individuals to use the Software except under the
   terms listed above;
-- modify, translate, reverse engineer, decompile, disassemble
   (except to the extent applicable laws specifically prohibit such
   restriction), or create derivative works based on the Software;
-- copy the Software (except as specified above);
-- rent, lease or otherwise transfer rights to the Software; or
-- remove any proprietary notices or labels on the Software.

TITLE. Title, ownership rights, and intellectual property rights
in the Software shall remain in SoftSource and/or its suppliers.
The Software is protected by the copyright laws and treaties.
Title and related rights in the content accessed through the Software
is the property of the applicable content owner and may be protected
by applicable law. This license gives you no rights to such content.

TERMINATION. The license will terminate automatically if you fail
to comply with the limitations described herein. On termination,
you must destroy all copies of the Software and Documentation.

EXPORT CONTROLS. None of the Software 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,
Yugoslavia, 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 Deny Orders. By downloading or
using the Software, 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.

In addition, if the licensed Software is identified as a not-for-export
product (for example, on the box, media or in the installation
process), then the following applies: EXCEPT FOR EXPORT
TO CANADA FOR USE IN CANADA BY CANADIAN
CITIZENS, THE SOFTWARE AND ANY UNDERLYING
TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE
UNITED STATES OR TO ANY FOREIGN ENTITY OR
"FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT
REGULATIONS, INCLUDING WITHOUT LIMITATION,
ANYONE WHO IS NOT A CITIZEN, NATIONAL OR
LAWFUL PERMANENT RESIDENT OF THE UNITED STATES.
BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE
AGREEING TO THE FOREGOING AND YOU ARE
WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON"
OR UNDER THE CONTROL OF A FOREIGN PERSON.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL SOFTSOURCE OR ITS SUPPLIERS OR
RESELLERS BE LIABLE TO YOU OR 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 ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
IN NO EVENT WILL SOFTSOURCE BE LIABLE FOR ANY
DAMAGES IN EXCESS OF SOFTSOURCE'S LIST PRICE FOR
A LICENSE TO THE SOFTWARE, EVEN IF SOFTSOURCE
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS. 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 Washington 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, and in similar clauses in the NASA FAR
Supplement.  Contractor/manufacturer is SoftSource,
301 West Holly Street, Bellingham, WA 98225.

SoftSource, the SoftSource logo, SoftSource,
DWG/DXF plug-in are trademarks of SoftSource.

Copyright (c) 1996 SoftSource.  All rights reserved.