home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Gold Medal Software 3
/
Gold Medal Software - Volume 3 (Gold Medal) (1994).iso
/
utils2
/
vidir102.arj
/
VENDOR.DOC
< prev
next >
Wrap
Text File
|
1994-02-28
|
6KB
|
124 lines
ViDir(tm)/ViRes(tm) File Monitoring System
Copyright 1994 Vahnzinn(tm) international, All Rights Reserved
412 Norristown Road, Ambler, PA 19002-2737, USA
Telephone: 215-643-6901 CompuServe: 70353,151
VENDOR.DOC
[1] WHO HAS TO SIGN THIS?
[A] Distributors other than vendor-members of the Association of
Shareware Professionals ("ASP") who wish to Commercially Distribute this
program and its related files (the "Software") must indicate their
agreement to this VENDOR.DOC by signing and sending it to us. It becomes a
binding agreement when signed and accepted by us in our discretion.
[B] Vendor-members of the ASP who wish to Commercially Distribute the
Software, and those who wish to non-Commercially distribute it (which
includes BBSs), must comply with the respective terms and conditions
applicable to them in the SLICENSE.DOC.
[C] As used here, "Commercial Distribution" means distribution for money
or gain, and (1) INCLUDES those who charge for distribution by disk, CD-ROM
and all other media now or subsequently known, and distribution by retail
rack, direct mail, catalog, advertisement, and trade show; but (2) DOES
*NOT* INCLUDE distribution by any not-for-profit organization, by any
hobby, user or computer interest group to its members, or distribution
electronically by any BBS (whether or not it charges for online time or for
downloading).
[2] OWNERSHIP: Except to the extent expressly licensed by us, we have and
reserve the exclusive copyright, trade secret and other rights to the
Software, and the right to use the trademarks Vahnzinn, ViDir, ViRes (the
"Trademarks") in connection with it. In particular, no rights are granted
to distribute the Registered Version of the Software, or to copy related
printed materials.
[3] RIGHT TO DISTRIBUTE: Non-ASP vendor-members may commercially
distribute the Software under the Trademarks upon our acceptance (as
described above) and on the conditions that:
[A] all of its related files (including this one) as released by us are
included;
[B] if distributed in "*.ZIP" format, the compressed file is called
"ViDir102.ZIP";
[C] it is not modified, and no copyright or trademark related information
is removed;
[D] you (1) clearly market it as copyright protected, evaluation-copy
shareware using "try before you buy" or similar words, (2) try to sell only
the most current version, and (3) make distribution copies only from master
copies received directly from us using high quality disks and duplication
technology, (4) report any material problems or complaints regarding the
Software, and (5) replace physically defective copies you may distribute.
We reserve the right to require payment for Commercial Distribution.
[4] TERM: Unless terminated for cause, your distribution rights terminate
30 days after written notice. Following such termination, you may
distribute the Software until the earlier of 60 days after the termination
date in the notice, or distribution of the copies you have in stock.
Sections [2], [5], and [6] survive termination.
[5] LIMITED WARRANTY AND LIMITATION OF REMEDIES
If we provide a copy of the Software to you that is physically defective,
we will replace it on request. Aside from this warranty, THE SOFTWARE IS
PROVIDED "AS-IS", AND NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), EXPRESS
OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. OUR ENTIRE
LIABILITY AND YOUR EXCLUSIVE REMEDY IS SUCH REPLACEMENT, AND UNDER NO
CIRCUMSTANCES WILL WE PROVIDE ANY OTHER REMEDY FOR DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING FROM
IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY
OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
[6] MISCELLANY
[A] Since we would be irreparably damaged if Section [3], [4] or [6][E]
were not specifically enforced, we will be entitled without bond, other
security or proof of damages, to appropriate equitable remedies with
respect to breaches of such sections, in addition to such other remedies as
we may have.
[B] You will hold us, our partners, contractors, employees and agents
harmless from damage, loss and expense arising directly or indirectly from
your acts and omissions in copying and distributing the Software.
[C] With respect to every matter arising under this, you consent to the
exclusive jurisdiction and venue of the state and federal courts sitting in
Philadelphia, PA, and to service by certified mail, return receipt
requested, or as otherwise permitted by law.
[D] Your rights under this are personal, and do not include any right to,
without our consent in writing, (a) sublicense or (b) sell the Software as
part of any hardware or software package or compilation.
[E] You will not modify, reverse compile, disassemble, or reverse
engineer the Software, or use or disclose any of our secret information
that it contains.
ACCEPTED AND AGREED:
COMMERCIAL VENDOR COMPANY NAME:____________________________________________
Address____________________________________________________________________
Address____________________________________________________________________
City____________________________________ State______Zip Code______________
Country___________________________ Phone (____)___________________________
Name of Person Signing_____________________________________________________
Signature and Title________________________________________________
Date_________________
VAHNZINN INTERNATIONAL
Name of Person Signing_____________________________________________________
Signature and Title________________________________________________
Date_________________
Control #9402110000
[VENDOR.DOC v.02.11.94]