Legal 911/Legal 911.iso/WIN95/DATA.Z/cooltalk.z/LICENSE.TXT

Text File | 1996-02-16 | 10KB | 186 lines

Copyright (c) InSoft, Incorporated.
Any rights reserved. No part of this work covered by copyright
hereon may be reproduced in any form or by any means graphic,
electronic or mechanical including photocopying, recording,
taping or storage in an information retrieval system, without
prior written permission of the copyright owner.

Trademarks
InSoft is a registered trademark and Communique!, Communique! Lite,
Communique! Audiograph, Communique! Starter, Virtual Conference Room,
INTV!, DVE, CoolTalk, CoolView, IICE, and OpenDVE are trademarks of
InSoft, Incorporated. All other tradenames, products, and services
are trademarks or registered trademarks of their respective companies.

Software License Agreement
IMPORTANT: Please carefully read the License Agreement below before
using the software. The right to use this INSOFT Software
Product (Software) is sold only on condition that you (Customer)
agree to the following License. If Customer does not agree to the
terms of the License, he may return the unopened package for a full
refund. OPENING THE ENVELOPE CONTAINING THE SOFTWARE PRODUCT
INDICATES CUSTOMER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS.
In return for payment of the one-time license fee for this software
product, Customer receives from InSoft, Inc. (INSOFT) a license to
use the product subject to the following terms and conditions:

  1. Customer is granted the right to use this Software only on a
single computer at a time, except that the Software may be executed
from a common disk shared by multiple CPUs provided that one
authorized copy of the Software has been licensed from INSOFT for
each CPU executing the Software. Customer may make one copy of the
Software in machine readable form provided that such copy of the
original may be used solely for backup purposes. The Software is
protected by copyright law. As an express condition the License, you
must reproduce on each copy INSOFT's copyright notice and any other
proprietary legends on the original copy supplied by INSOFT. This
restriction on copying the Software expires upon the expiration of
all underlying copyrights.

  2. Customer may use the Software only in accordance with the
provisions of Section 1 hereof. Any other use is unauthorized and
constitutes a breach of this Agreement.

  3. The Software may be used without time limit on one personal
computer or workstation. A separate license agreement and fee is
required for each personal computer or workstation on which the
product is used.

  4. The Software may not be duplicated or copied except for archival
purposes, program error verification, or to replace defective media,
and all copies made must bear the copyright notices contained in the
original. Customer may not modify, adapt, translate, create
derivative works, disassemble, decompile or otherwise reverse
engineer the Software. Customer agrees to neither directly nor
indirectly export or re-export the Software, or any direct products
thereof, outside the United States without first obtaining the
appropriate government approvals.

  5. This License and the Software may be transferred to a third
party, with prior written consent from INSOFT, provided the third
party agrees, in writing, to all the terms of this License Agreement
and the Customer does not retain any copies of the Software. Failure
to so agree in writing shall render the transfer null and void and of
no further effect whatsoever and the transferee shall obtain no
license to use the Software and such use shall constitute a breach of
this Agreement.

  6. Purchase of this license does not transfer any right, title or
interest in the Software to Customer except as specifically set forth
in this License Agreement. Customer acknowledges that the Software is
protected under the copyright laws. This Software may have been
developed by an independent third party software supplier named in
this package, which holds copyright or other proprietary rights to
the software product. Customer may be held responsible by this
supplier for any infringement of such rights by Customer.

  7. INSOFT reserves the right to terminate this license upon breach
or alleged breach provided that such allegation is made in good faith
and in the reasonable discretion of INSOFT. In the event of
termination, Customer will either return all copies of the Software
to INSOFT or, with INSOFT's prior consent, provide INSOFT with a
certificate of destruction of all copies.

  8. In the event Customer modifies the Software or includes it in
any other software program, upon termination of this license Customer
agrees either to remove the Software or any portion thereof from the
modified program and return it to INSOFT or to provide INSOFT with a
certificate of destruction thereof.

  9. The Software is not fault-tolerant and is not designed,
manufactured or intended for use in conjunction with control
equipment in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation
or communication systems, air traffic control, direct life support
machines, or weapons systems (High Risk Activities) in which the
failure of the Software could lead directly to death, personal
injury, or severe physical or environmental damage. INSOFT and its
licensors specifically disclaim any express or implied warranty of
fitness for High Risk Activities.

 10. U.S. Government Restricted Rights. The Software and documentation
are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure
by the Government is subject to the Federal Acquisition Regulations
(FAR) in paragraph 252.227-7013(c)(1) if the Software is supplied to
the Department of Defense ('DOD'), or subject to Federal
Acquisition Regulations in paragraph 52.227-19(c)(2) if supplied to
any other unit or agency of the U.S. Government.
Contractor/Manufacturer is: InSoft, Inc. 4718 Old Gettysburg Road,
Mechanicsburg, PA 17055.

11. This Agreement is the complete and exclusive agreement between
Customer and INSOFT relating to the Software and supersedes any
proposal or prior agreement, oral or written, and any other
communications relating to the subject matter of this Agreement. No
variation of the terms of this Agreement or any different terms will
be enforceable against INSOFT unless INSOFT gives its express
consent, including an express waiver of the terms of this Agreement,
in writing signed by an officer of INSOFT.

12. Customer takes full responsibility and shall indemnify, defend
and Hold INSOFT Harmless against any and all costs, losses,
liabilities and expenses including attorney's fees incurred or
suffered by INSOFT as a result of any actual or alleged claim
relating to the use of its products, including but not limited to the
transmission of copyrighted material or other proprietary
information. Any defense by Customer in connection with such action
shall be at Customer's expense. If Customer fails to notify INSOFT
promptly of Customer's undertaking to defend such action, INSOFT
may defend such action at Customer's expense. The Software may
provide a mechanism for the re-broadcast or re-transmission of
certain video signals orginating from a third party vendor and the
licensing of such re-broadcast or re-transmission, and the cost
thereof, shall be the responsibility of Customer and the
indemnification contained include any liability with respect thereto.
Limited Warranty

SOFTWARE: INSOFT warrants for a period of NINETY (90) DAYS from the
date of the purchase that the Software will execute its programming
instructions when properly installed on the personal computer or
workstation indicated on this package. INSOFT does not warrant that
the operation of the Software will be uninterrupted or error free. In
the event that this Software fails to execute its programming
instructions during the warranty period, Customer's sole and
exclusive remedy shall be to return the diskette(s) or tape
cartridge(s) (media) to INSOFT for replacement. Should INSOFT be
unable to replace the media within a reasonable amount of time,
Customer's remedy shall then be a refund of the purchase price upon
return of the product and all copies.

MEDIA: INSOFT warrants the media upon which this product is recorded
to be free from defects in materials and workmanship under normal use
for a period of NINETY (90) DAYS from the date of purchase. In the
event any media prove to be defective during the warranty period,
Customer's remedy shall be to return media to INSOFT for
replacement. Should INSOFT be unable to replace media within a
reasonable amount of time, Customer's alternate remedy shall be a
refund of the purchase price upon return of the product and all
copies.

NOTICE OF WARRANTY CLAIMS: Customer must notify INSOFT in writing of
any warranty claim not later than thirty (30) days after the
expiration of the warranty period.
LIMITATION OF WARRANTY: INSOFT makes no other express warranty,
whether written or oral with respect to this product. Any implied
warranty of merchantability or fitness is limited to the 90-day
duration of this written warranty. Some states or provinces do not
allow limitations on how long an implied warranty lasts, so the above
limitation or exclusion may not apply to Customer*.
This warranty gives specific legal rights, and Customer may also have
other rights which may vary from state to state, or province to
province.

EXCLUSIVE REMEDIES: The remedies provided above are Customer's
exclusive remedies. In no event shall INSOFT be liable for any
direct, indirect, special, incidental, or consequential damages,
including lost profit, whether based on warranty, contract, tort, or
any other legal theory. Some states or provinces do not allow the
exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to Customer.
WARRANTY SERVICE: Warranty service may be obtained from the nearest
InSoft sales office or other location indicated in the owner's
manual or service booklet.

*UK only: If Customer is a consumer as defined by statutes, parts of
this statement may not apply to Customer.