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license.txt
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1993-12-28
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REGISTERED USER -- LICENSE AGREEMENT AND LIMITED WARRANTY
IMPORTANT - READ CAREFULLY BEFORE USING. BY USING THIS PRODUCT, YOU
INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS AND CONDITIONS
OF THE FOLLOWING LICENSE AGREEMENT.
END-USER LICENSE AGREEMENT AND LIMITED WARRANTY
This is a legal agreement between you, the end user, and the Licensor,
Hware Corporation. By using the product, which includes the software
applications, programs and code (the "software") and any accompanying
materials and media provided therewith, you are agreeing to be bound
by the terms and conditions of this license agreement.
The software, accompanying materials and media are a copyrighted and
proprietary product of Hware, and contains valuable trade secrets. It
is licensed (not sold) only on the condition that you agree to the
terms and conditions of this license agreement. You assume
responsibility for the selection of the software to achieve your
intended results, and for the installation, use and results obtained
from the software.
END-USER LICENSE
GRANT OF LICENSE. Hware grants to you, a fifteen (15) day evaluation
period, the right to use one copy of the software on a single terminal
connected to a single computer (i.e., with a single CPU). You may not
network the software or otherwise use it on more than one computer,
computer terminal or workstation at the same time, unless you have
separately licensed, purchased and paid for a copy for each computer,
computer terminal and workstation on which it is used.
TERM. This license agreement is effective until terminated by Hware.
You may terminate it at any other time by destroying the software,
accompanying materials and media, together with all copies,
modifications and merged portions in any form. It will also terminate
upon conditions set forth elsewhere in this agreement, or if you fail
to comply with any the term or condition of this agreement. You agree
upon such termination to destroy the software, accompanying materials
and media, together with all copies, modifications and merged portions
in any form.
COPYRIGHT. The software is owned by Hware or its suppliers and is
protected by United States copyright laws and international treaty
provisions. Therefore, you must treat the software like any other
copyrighted material (e.g., a book or musical recording) except that
you may either (a) make one copy of the software solely for backup or
archive purposes for each paid registration, or (b) transfer the
software to a single hard disk provided you keep the original solely
for backup or archive purposes for each paid registration. You may
not copy any preprinted written materials accompanying the software,
and you may print only a single copy of any written materials provided
by electronic or on magnetic media.
OTHER RESTRICTIONS. You may not rent or lease the software, but you
may transfer the software and accompanying materials on a permanent
basis provided you retain no copies and the recipient agrees to the
terms of this agreement. You may not reverse engineer, decompile or
disassemble the software. If software is an update, any transfer must
include the update and all prior versions. This license shall be
deemed terminated and void, if the product is to be used in any
country whose laws permit the software to be reverse engineered,
decompiled or disassembled, absent a written agreement to the contrary
between you and Hware; continued use or distribution in such countries
in violation of this provision shall subject you and any business,
commercial enterprise or government agency at which such software is
used, to liability and prosecution under the provisions of the United
States RICO Act.
GENERAL. This agreement is governed by the laws of the State of
Illinois. Should you violate any terms or conditions of this
agreement, you agree that you shall be responsible for all damages
incurred by Hware as a result of your violation or breach, including
costs of litigation and reasonable attorneys' fees, and consent to the
jurisdiction and venue of the Illinois courts. In the event that you
use the product in a place of business, commercial enterprise or
government agency, the place of business, commercial enterprise or
government agency shall, by your use of the product, be bound by the
terms and conditions of this agreement, whether or not you have
advised them of this agreement or your use of the product.
LIMITED WARRANTY
LIMITED WARRANTY. Hware warrants only that the software provided by
Hware will perform substantially in accordance with the accompanying
written materials for a period of 90 days from the date of receipt,
and that any media provided by Hware will be free from defects in
materials and workmanship under normal use and service for a period of
90 days from the date of receipt. Any implied warranties on the
software and media are limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, so the above
limitations may not apply to you.
OTHER LIMITATIONS. Hware does not warrant that the functions
contained in the software or accompanying materials will meet your
requirements, or that the operation or use of the software or
accompanying materials will be uninterrupted or error free. The
accuracy of the information supplied with the product and its fitness
for any purpose may change without notice, and should not be construed
as any kind of a commitment on the part of Hware to further develop
the product. No responsibility is assumed for any errors or problems
that may be encountered with use of this product. There are no other
warranties, either express or implied, whatsoever associated with this
product, and it is otherwise sold "AS IS."
CUSTOMER REMEDIES. Hware's entire liability and your exclusive
remedy shall be, at Hware's option, either (a) return of the price
paid or (b) repair or replacement of the software or media that does
not meet Hware's Limited Warranty and which is returned to Hware
with proof of purchase. In no event will Hware's liability for any
damages to you or any other person exceed the purchase price paid for
the license to use the software, accompanying materials and media,
regardless of the form of claim. This Limited Warranty is void if
failure of the software or media has resulted from accident, abuse or
misapplication. Any replacement software or media will be warranted
only for the remainder of the original warranty or 30 days, whichever
is longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED
STATES OF AMERICA.
NO OTHER WARRANTIES. Hware disclaims all other warranties, either
express or implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose, with respect to
the software, the accompanying materials and any accompanying media.
This limited warranty gives you specific legal rights. You may have
others, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Hware or
its suppliers be liable for any damages whatsoever (including,
without limitation, damages for loss of business or profits, business
interruption, loss of business information, loss of data, or other
pecuniary loss), arising out of the use of or inability to use the
product, even if Hware 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
limitations may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The software and accompanying materials are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable law.
Contractor/manufacturer is Hware Corporation, P.O. Box 4415, Wheaton,
IL. 60189-4415.
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 LICENSOR WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENTS,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.
Should you have any questions concerning this agreement, or if
you wish to contact Hware for any reason, please write to:
Hware Corporation
P.O. Box 4415
Wheaton, IL. 60189-4415