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SimpleTime-1.01.sit
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SimpleTime 1.0.1 ƒ
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SimpleTime License
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1997-06-16
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Cataraェ Software SimpleTime EVALUATION SOFTWARE LICENSE AGREEMENT
Terms and Conditions:
1. GENERAL INFORMATION. The SimpleTime Software (the "Software"), which
consists of the executable software, configuration files, and documentation
described in the distribution list, is provided by Cataraェ Software, ("Catara").
By using the Software or any documentation provided with the Software, you
agree to the terms and conditions of this Agreement, which includes the license
to use the Software and a disclaimer of warranty.
2. TITLE. The Software is licensed, not sold, to you for use only under the
terms of this Agreement, and Catara reserves any rights not expressly granted to
you. All title, ownership rights, and intellectual property rights in and to the
Software shall remain in Catara. You will not, through this Agreement, acquire
any proprietary interest in the Software.
3. LICENSE. During the term of this Agreement, you will have a non-exclusive,
non-transferable, non-assignable license to use the Software for the purpose of
evaluating whether to purchase an ongoing license to the Software. The
evaluation period is limited to the lesser of the number of days provided in the
unregistered product file and 60 days. If you continue using the Software beyond
the evaluation period, a license fee is due to Catara and no license is granted.
Any attempt to sublicense, assign or transfer any of the rights, duties or
obligations under this license are void.
4. RESTRICTIONS ON USE. You may not distribute copies of the Software to
others. You may not decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-perceivable form. You may not modify, adapt,
translate, incorporate into other works, rent, lease, loan, resell for profit,
distribute, network, or create derivative works based on the Software.
5. TERM. This Agreement shall be effective on the date that you begin using
the Software. This license will terminate automatically if you fail to comply
with the limitations described above. On termination, you must destroy all
copies of the Software.
6. DISCLAIMER OF WARRANTY. Since the Software is provided free of charge for
evaluation, the 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 Catara 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.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL Catara OR ITS SUPPLIERS OR
RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY
OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, DATA,
SAVINGS OR REVENUES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
WHETHER UNDER TORT, CONTRACT OR OTHER THEORIES OF RECOVERY, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. GOVERNING LAW. This Agreement shall be deemed to have been entered into and
shall be interpreted and governed in all respects by the laws of the State of
Kansas, excluding its conflict of law provisions. The application of the United
Nations Convention of Contracts for the International Sale of Goods is expressly
excluded.
9. MISCELLANEOUS. This Agreement represents the complete agreement concerning
this license between Catara and you. Should any provision of this Agreement be
held by a court of law to be illegal, invalid or unenforceable, the legality,
validity, and enforceability of the remaining provisions of this Agreement shall
not be affected or impaired thereby. The failure of any party to enforce any of
the terms or conditions of this Agreement, unless waived in writing, shall not
constitute a waiver of that party's right to enforce each and every term and
condition of this Agreement.