Liren Large Software Subsidy 10/10.iso/l/l352/1.img/DOC/LICENSE.DOC

Text File | 1992-05-28 | 5.8 KB | 132 lines

Binary License Agreement
Phar Lap Software, Inc.


You, the Licensee, assume responsibility for the selection of the
program to achieve your intended results, and for the installation,
use, and results obtained from the program.

IF YOU USE, COPY, MODIFY, OR TRANSFER THE PROGRAM, OR ANY COPY,
MODIFICATION, OR MERGED PORTION, IN WHOLE OR PART, EXCEPT AS EXPRESSLY
PROVIDED FOR IN THIS LICENSE, YOUR LICENSE IS AUTOMATICALLY TERMINATED.


LICENSE: You may:

Use the program on a single machine and copy the program into any
machine-readable or printed form for backup or support of your use of
the program on the single machine.

Modify the program and/or merge it into another program for your use
on the single machine.  Any portion of the program merged into another
program will continue to be subject to the terms of this Agreement.
You must reproduce and include the copyright notice on any copy,
modification, or portion merged into another program.

Transfer the program and license to another party if the other party
agrees to accept the terms and conditions of this Agreement.  If you
transfer the program, you must at the same time either transfer all
copies, whether in machine readable or printed form, to the same party
or destroy any copies not transferred; this includes all modifications
and portions of the program merged into other programs.


TERM

The license is effective on the date you accept this agreement, and
remains in effect until terminated as indicated above or until you
terminate it.  If the license is terminated for any reason, you agree
to destroy the program together with all copies, modifications, and
merged portions in any form.

WARRANTY DISCLAIMER

THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS
WITH YOU.  SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT PHAR LAP
SOFTWARE, INC. OR ITS DEALERS) ASSUME THE ENTIRE COST FOR ALL
NECESSARY REPAIR OR CORRECTION.

SOME STATES DO NOT ALLOW THE EXCLUSIONS 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.

PHAR LAP SOFTWARE, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF
THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.


LIMITATION OF REMEDIES

Your exclusive remedy shall be limited to the replacement of physical
diskette(s) and physical documentation in accordance with the Limited
Warranty set forth in the Borland International, Inc. No-Nonsense
License Statement accompanying the program(s) provided by Borland
International, Inc. herewith.  All claims made thereunder must be
directed by you to Borland International, Inc.

IN NO EVENT WILL PHAR LAP SOFTWARE, INC. OR ITS DEALERS BE LIABLE TO
YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY
TO USE THE PROGRAM (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN) EVEN IF
PHAR LAP SOFTWARE, INC. OR ITS DEALERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
(SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.)


GENERAL TERMS

This Agreement can only be modified by a written agreement signed by
you and Phar Lap Software, Inc., and changes from the terms and
conditions of this Agreement made in any other manner will be of no
effect.  If any portion of this Agreement shall be held invalid,
illegal, or unenforceable, the validity, legality, and enforceability
of the remainder of the Agreement shall not in any way be affected or
impaired thereby.  This Agreement shall be governed by the laws of the
Commonwealth of Massachusetts.

ACKNOWLEDGMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT
IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
YOU AND PHAR LAP SOFTWARE, INC. WHICH SUPERSEDES ALL PROPOSALS OR
PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS
BETWEEN YOU AND PHAR LAP SOFTWARE, INC. RELATING TO THE SUBJECT MATTER
OF THIS AGREEMENT.


January 28, 1991

ADDENDUM to Binary License Agreement
Phar Lap Software, Inc.

This Addendum, together with the Phar Lap Software, Inc. ("Phar Lap")
Binary License Agreement, applies only to the use of the Phar Lap
example code and programs (the "Example Code") contained in the
\EXAMPLES directory of the Phar Lap distribution disks.  Some products
may contain Example Code on separate disks labelled "examples" in
addition to or in place of the \EXAMPLES directory; this addendum
applies to any such Example Code, directories and disks, regardless of
the manner or media on which they are provided.

In addition to the permitted uses set forth in the Binary License
Agreement, you may:

   Incorporate "Example Code" in any program(s) you develop; however,
   you may so incorporate only the object code form, and not the
   source code form, of the Example Code into any program(s) you
   develop which are distributed, sublicensed or otherwise
   transferred by or for you to any person, entity or organization.
   You may not incorporate in any program(s) you develop, for any
   purpose whatsoever, any other code or programs or any portion of
   code or programs contained in any other directory on the
   distribution disks.