IMPORTANT -- READ CAREFULLY BEFORE INSTALLING SOFTWARE PACKAGE(S). Unless a separate multilingual license is included in your product package, the following License Agreement applies to you.
TellMe Starter Kit by Iceberg Software, L.L.C. ("ICEBERG")
This Agreement is your license to use the copyrighted program, data, and documentation that comprise the TellMe Starter Kit (the "System"), subject to the limitations explained below. This right to use the TellMe Starter Kit is granted to you upon the condition that you accept the terms of this license. YOUR USE OF THE SYSTEM, BY INSTALLING IT ON A COMPUTER, A NETWORK OR OTHERWISE, INDICATES YOUR ACCEPTANCE OF ALL THE TERMS OF THIS LICENSE.
THIS TRANSACTION IS NOT THE SALE OF A SOFTWARE PRODUCT BUT A LICENSE AGREEMENT. THE PROGRAM, DATA AND PROGRAM DOCUMENTATION ARE FURNISHED TO MAKE THE TELLME STARTER KIT AVAILABLE FOR YOUR USE AND REMAIN THE PROPERTY OF ICEBERG.
IF YOU DO NOT AGREE WITH ANY PART OF THIS LICENSE, DO NOT USE THE SYSTEM. DELETE THE TELLME STARTER KIT MATERIALS AND DOCUMENTATION FROM YOUR COMPUTER(S) AND DESTROY ANY BACKUP COPIES THEREOF WITHIN 10 (TEN) DAYS OF RECEIPT AND THIS LICENSE WILL BE TERMINATED.
LICENSE TERMS AND CONDITIONS
TellMe Starter Kit SYSTEM
The Licensed System consists of Licensor's methods (including any and all patents issued and applied for) for the organization, storage, retrieval and display of tabular, graphical and textual reference data, Licensor's copyrighted computer program and documentation for the use of those methods, and a proprietary reference data compilation. The software, data compilation, and each screen display and printout generated by the System (or any component thereof) are protected by U.S. and foreign copyright.
Iceberg Software is a Service Mark and TellMe is a Trademark, both of which are the property of Iceberg Software, L.L.C. Any add-on products which bear an authorized "Connects to TellMe" logo (including, without limitation, data bases, data connections and/or data tools) licensed by Iceberg or its third party licensees (the "Add-on Products") are not included in the TellMe Starter Kit and are not covered by this License.
YOUR USE OF THE SYSTEM
Visual Reference Use. The System is licensed only for general visual reference in your home, business or institution.
Prohibitions on Use. You have not been granted any right to use the System for the purpose of: (i) producing data base material in any form or on any media for publication or distribution outside your home, business or institution, (ii) extracting data from TellMe Starter Kit for non-transitory storage on other electronic, magnetic or optical media or otherwise using the System to create, alter or supplement any other database; (iii) combining operation of the System interactively with operation of other software or using other software to manipulate and deploy data extracted from the System, other than your system BIOS, your operating system, or Microsoft Windows except that, if separately licensed by Iceberg or its licensees, you may use the System to interoperate with other Add-On Products, in accordance with the terms of both licenses.
Computer Use. Your right to use the System is limited to use on one or more computer(s) consisting of a CPU equipped with a keyboard and a display screen. Network use of the System is authorized, provided that all network users of the System accept all the terms of this license. Electronic reproduction and transmission of output to remote locations are permitted, solely as provided for via program commands on the File menu.
No Modifications or Decompilation; Restricted Right to Redistribute. You have no right to modify the System in any way, incorporate it into a compilation, or create any derivative work, except that you may use documented TellMe commands to reproduce the TellMe Starter Kit in its entirety. Once the TellMe Starter Kit has been reproduced as authorized in this License, you may distribute the reproduced copy, if and only if the reproduced copy includes this License. You may not reverse assemble, reverse
engineer, or decompile the System, or otherwise obtain access to the source code of the retrieval program or to the logical structure and contents of the database.
COPY LIMITATIONS
Electronic and Storage Media. You have the right to load elements of the System onto the hard disk of your computer, using only the installation program supplied, to load elements of the System into RAM and the CPU of your computer as required during normal operation of the System and, using the System, to retrieve and display the data on a screen. You do not have the right to reproduce any part of the System in any other way except for output and TellMe Starter Kits reproduced as authorized above.
Backup Copies. You may also make a single copy of the System for backup and archival purposes.
WARRANTIES; DISCLAIMER
NO WARRANTY. ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. THE SOFTWARE PRODUCT IS PROVIDED FOR USE ONLY WITH MICROSOFT WINDOWS 3.1 AND MICROSOFT WINDOWS 95. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICEBERG AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICEBERG OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SYSTEM, EVEN IF ICEBERG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. ICEBERG'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE DOLLARS (US$5.00).
TERMINATION AND TRANSFER OF THIS LICENSE
By You: You may terminate this license at will. UPON TERMINATION OF THIS LICENSE YOU AGREE TO DESTROY ALL COPIES OF THE SYSTEM FURNISHED TO YOU, INCLUDING ANY BACKUPS AND UNAUTHORIZED COPIES OF THE SYSTEM OR ANY PORTION THEREOF.
By Iceberg: Iceberg reserves the right to terminate this License if you have exceeded or attempted to exceed the licensed uses in any way. Termination will be effected by written or electronic notice to you. UPON TERMINATION OF THIS LICENSE YOU AGREE TO DESTROY ALL COPIES OF THE SYSTEM FURNISHED TO YOU, INCLUDING ANY UNAUTHORIZED COPIES OF THE SYSTEM OR ANY PORTION THEREOF. Transfer: YOU ARE AUTHORIZED TO TRANSFER YOUR SINGLE-USER LICENSE RIGHTS ONLY UPON THE CONDITIONS THAT: (1) YOU TRANSFER ALL OF THEM; (2) THE TRANSFEREE ACCEPTS ALL TERMS AND CONDITIONS OF THIS LICENSE; AND (3) YOU DELIVER ALL COPIES OF ANY PART OF THE LICENSED SYSTEM AND THE DOCUMENTATION TO THE TRANSFEREE. Transferees of the Iceberg TellMe Starter Kit License are encouraged to register with Iceberg in order to receive news of the future updates to this and other Iceberg programs.
MISCELLANEOUS
This Agreement is governed by the laws of the Commonwealth of Virginia, U.S.A.
Should you have any questions concerning this Agreement, or if you desire to contact Iceberg for any reason, please write to Iceberg at the address below.
U.S. GOVERNMENT 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 clause at FAR 52.227-19 (JUN 1987) as applicable. Contractor/manufacturer is:
Iceberg Software, L.L.C., 201 Elden Street, Suite 187, Herndon, Virginia 22070
