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license.txt
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1993-10-26
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SHRINK-WRAP LICENSE AGREEMENT FOR PRINTVB
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
INSTALLING THE PROGRAM (PRINTVB), THE COMPUTER SOFTWARE THEREIN, AND THE
ACCOMPANYING USER DOCUMENTATION (THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED AND
LICENSED (NOT SOLD). BY OPENING THE PACKAGE CONTAINING THE PROGRAM OR INSTALLING
THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE
AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING
THE PROGRAM BETWEEN YOU AND KYLE S. BRANT HIS ASSIGNORS OR ASSIGNS
(HEREINAFTER REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL,
REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. License Grant. LICENSOR hereby grants to you, and you accept, a
non-exclusive license to use the Program or Program Diskettes and the computer
programs contained therein (collectively referred to as the "Software"), and the
accompanying User Documentation, only as authorized in this License Agreement.
The Software may be installed on more than one computer by the licensee but may
be executed on only one of such computers at any moment in time. The computer
must be owned, leased, or otherwise controlled by you; or in the event of the
inoperability of that computer, on a backup computer selected by you. Neither
concurrent use on two or more computers nor use in a local area network or other
network is permitted without separate written authorization and the payment of
other license fees. You agree that you will not assign, sublicense, transfer,
pledge, lease, rent, or share your rights under this License Agreement.
Upon loading the Software into your computer, you may retain the Program
Diskettes for backup purposes. In addition, you may make one copy of the
Software on a second set of diskettes (or on cassette tape) for the purpose of
backup in the event the Program Diskettes are damaged or destroyed. Any such
copies of the Software shall include Licensor's copyright and other proprietary
notices. Except as authorized under this paragraph, no copies of the Program or
any portions thereof may be made by you or any person under your authority or
control. The only exception to the above is made in the event the shareware
distribution file containing all of the files originally distributed by the
licensee/author is made available on a BBS or on-line service.
2. Licensor's Rights. You acknowledge and agree that the Software is a
proprietary product of LICENSOR protected under U.S. copyright law. You further
acknowledge and agree that all right, title, and interest in and to the Program,
including associated intellectual property rights, are and shall remain with
LICENSOR. This License Agreement does not convey to you an interest in or to the
Program, but only a limited right of use revocable in accordance with the terms
of this License Agreement.
3. License Fees. The license fees paid by you are paid in
consideration of the licenses granted under this License Agreement.
4. Term. This License Agreement is effective upon your opening of this
package or installing the software and shall continue until terminated. You may
terminate this License Agreement at any time by deleting the Program from all
systems where it is installed and destroying all copies thereof. LICENSOR may
terminate this License Agreement upon the breach by you of any term hereof. Upon
such termination by LICENSOR, you agree to return to LICENSOR the Program and
all copies and portions thereof.
5. Limited Warranty. LICENSOR warrants, for your benefit alone, for a
period of 90 days from the date of commencement of this License Agreement
(referred to as the "Warranty Period") that the Program Diskettes in which the
Software is contained are free from defects in material and workmanship.
LICENSOR further warrants, for your benefit alone, that during the Warranty
Period the Program shall operate substantially in accordance with the functional
specifications in the HELP file. If during the Warranty Period, a defect in the
Program appears, you may return the Program to LICENSOR for either replacement
or, if so elected by LICENSOR, refund of amounts paid by you under this License
Agreement. You agree that the foregoing constitutes your sole and exclusive
remedy for breach by LICENSOR of any warranties made under this Agreement.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE SOFTWARE
CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. Licensor's cumulative liability to you or
any other party for any loss or damages resulting from any claims, demands, or
actions arising out of or relating to this Agreement shall not exceed the
license fee paid to LICENSOR for the use of the Program. In no event shall
LICENSOR be liable for any indirect, incidental, consequential, special, or
exemplary damages or lost profits, even if LICENSOR has been advised of the
possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Governing Law. This License Agreement shall be construed and
governed in accordance with the laws of the State of Indiana.
8. Costs of Litigation. If any action is brought by either party to
this License Agreement against the other party regarding the subject matter
hereof, the prevailing party shall be entitled to recover, in addition to any
other relief granted, reasonable attorney fees and expenses of litigation.
9. Severability. Should any term of this License Agreement be declared
void or unenforceable by any court of competent jurisdiction, such declaration
shall have no effect on the remaining terms hereof.
10. No Waiver. The failure of either party to enforce any rights
granted hereunder or to take action against the other party in the event of any
breach hereunder shall not be deemed a waiver by that party as to subsequent
enforcement of rights or subsequent actions in the event of future breaches.