*************************************************************************** * WARRANTY AND LICENSE AGREEMENT * *************************************************************************** Definition of terms ------------------- The term "Program" refers to Theophilos program. The term "Author" refers to Ivan Jurik, Datelinova 1, 821 01 Bratislava, Slovakia. The term "Add-on" refers to add-on modules of Theophilos program. The term "Software key" refers to file that is necessary for proper functioning of specific Add-on. Copyright notice ---------------- Theophilos(TM) is Copyright (c) 1997, 1998, Ivan Jurik. All Rights Reserved. Theophilos and Jumplists are Trademarks of Ivan Jurik. The Program is protected by the copyright laws of Slovak Republic, the United States and international copyright treaties. License agreement ----------------- Author hereby grants you a license to use the Program free of charge for unlimited time on unlimited number of computers. You may freely distribute Program in its original and unmodified format to others. You may include Program on CD-ROMs, shareware collections, Internet sites, Bulletin Boards and other media. This license does not apply to Add-ons with Software keys or if accompanying documentation clearly prohibits such use. Special license is necessary to use such Add-ons in network environments. You may not sell, lend, rent, lease or otherwise transfer or distribute such Add-ons. Note: Program may be distributed on commercial and shareware CD-ROMs and other media as long as: 1. The CD or other media clearly states that Theophilos is Freeware. 2. You distribute Program only complete and unmodified. 3. No more than a reasonable CD duplication fee is charged. You must determine an average selling price per program on the CD by taking the list retail selling price of the CD and divide it by the number of programs on the CD. If this average selling price per program on the CD is calculated to be equal to or less than $1.00 (U.S. Currency) per program it is OK to include Program for distribution on this CD without any other permission required. If the average price per program on the CD is greater than $1.00 per program, you MAY NOT distribute Program on your CD without a special licensing arrangement worked out with Author, as we feel you are trying to make a substantial profit off our Freeware program. Title ----- Title, ownership rights and intellectual property rights in and to the Program and Add-ons shall remain a property of Author. This Agreement does not include the right to copy or sublicense the Program and Add-ons and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of Author. You acknowledge that the Program and Add-ons in source code form remains a confidential trade secret of Author and/or his suppliers and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Program and Add-ons or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Program. Content ------- Title, ownership rights, and intellectual property rights in and to the content of Add-ons is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content. Disclaimer of warranty ---------------------- Since the Program is provided free of charge, the Program 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 Program is borne by you. Should the Program prove defective, you and not the Author assume the entire cost of any service and repair. 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. Limitation of liability ----------------------- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AUTHOR OR HIS 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 AUTHOR BE LIABLE FOR ANY DAMAGES, EVEN IF AUTHOR 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. Termination ----------- Either party may terminate this Agreement immediately in the event of default by the other party. Upon any termination of this Agreement, you shall immediately discontinue the use of the Program. You may also terminate this Agreement at any time by destroying the Program and Add-ons and all copies thereof. Your obligations to pay accrued charges and fees shall survive any termination of this Agreement. Miscellaneous ------------- This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be 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 AUTHOR AGREES TO FURNISH THE PROGRAM AND/OR ADD-ON(S) ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. END