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MegaZine 1998 April
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USERSETUP_0009OSIND
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License.txt
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1998-03-05
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END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
If you initially acquired a copy of the Software without purchasing a
license and you wish to purchase a license, contact ShepherdÆs Worlds,
Inc. ("Shepworlds") on the Internet at http://www.shepworlds.com.
EVALUATION LICENSE.
Shepworlds grants you a non-exclusive license to use the Software free
of charge if you use the Software for the purpose of evaluating whether
to purchase an ongoing license to the Software. The evaluation period
is limited to 30 days. Government agencies (other than public
libraries) are not considered educational, religious, or charitable
non-profit organizations for purposes of this Agreement. If you are
using the Software free of charge, you are not entitled to hard-copy
documentation, support or telephone assistance. If you fit within the
description above, you may use the Software in the manner described
below under "Scope of Grant." Unregistered use of the Software after
the evaluation period is in violation of U.S. and international
copyright laws.
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an "AS IS" basis, without
warranty of any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of the Software is
borne by you. Should the Software prove defective, you and not
Shepworlds assume the entire cost of any service and repair. In
addition, the security mechanisms implemented by Shepworlds software
have inherent limitations, and you must determine that the Software
sufficiently meets your requirements. This disclaimer of warranty
constitutes an essential part of the agreement. SOME JURISDICTIONS DO
NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT
APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
JURISDICTION.
GRANT.
Subject to payment of applicable license fees, Shepworlds grants to you
a non-exclusive license to use the Software and accompanying
documentation ("Documentation") in the manner described below "Scope of
Grant."
LIMITED WARRANTY.
Shepworlds warrants that for a period of ninety (90) days from the date
of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation.
Shepworlds does not warrant, however, that your use of the Software
will be uninterrupted or that the operation of the Software will be
error-free or secure. Shepworlds also warrants that the media
containing the Software, if provided by Shepworlds, is free from
defects in material and workmanship and will so remain for ninety (90)
days from the date you acquired the Software. ShepworldsÆ sole
liability for any breach of this warranty shall be, in ShepworldsÆ sole
discretion: (i) to replace your defective media; or (ii) to advise you
how to achieve substantially the same functionality with the Software
as described in the Documentation through a procedure different from
that set forth in the Documentation; or (iii) if the above remedies are
impracticable, to refund the license fee you paid for the Software.
Repaired, corrected, or replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the
warranty that covered the original Software, or if longer, for thirty
(30) days after the date (a) of shipment to you of the repaired or
replaced Software, or (b) Shepworlds advised you how to operate the
Software so as to achieve the functionality described in the
Documentation. Only if you inform Shepworlds of your problem with the
Software during the applicable warranty period and provide evidence of
the date you purchased a license to the software will Shepworlds be
obligated to honor this warranty. Shepworlds will use reasonable
commercial efforts to repair, replace, advise or, for individual
consumers, refund pursuant to the foregoing warranty within 30 days of
being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
SHEPWORLDS. SHEPWORLDS MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY
OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE
LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY
NOT APPLY TO YOU. NO SHEPWORLDS DEALER, AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY. If any modifications are made to the Software by you during
the warranty period; if the media is subjected to accident, abuse, or
improper use; or if you violate the terms of this Agreement, then this
warranty shall immediately be terminated. This warranty shall not apply
if the Software is used on or in conjunction with hardware or software
other than the unmodified version of hardware and software with which
the software was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION.
SCOPE OF GRANT.
You may:
* use the Software on any single computer;
* use the Software on a network, provided that each person accessing
the Software through the network must have a copy licensed to that
person;
* use the Software on a second computer so long as only one copy is
used at a time;
* copy the Software for archival purposes, provided any copy
must contain all of the original Software's proprietary notices.
You may not:
* permit other individuals to use the Software except under the terms
listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile, disassemble
(except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer
rights to the Software; or
* remove any proprietary notices or labels on the Software.
TITLE.
Title, ownership rights, and intellectual property rights in the
Software shall remain in Shepworlds and/or its suppliers. The Software
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 make one copy of the Software solely for backup purposes, which
includes all copyright and trademark notices.
OTHER RIGHTS.
The Software shall be considered confidential information of Shepworlds
or its licensors and shall not be disclosed by you to any third party
who has not agreed to the terms of this Agreement in the manner
specified by Shepworlds. You may not modify, translate, reverse
engineer, decompile, disassemble or create derivative works based on
the Software, or remove any proprietary notices or labels it contains.
All applicable rights to patents, copyrights, trademarks and trade
secrets in the Software or any modifications to it shall be and remain
in Shepworlds or its licensors.
TERMINATION.
The license will terminate automatically if you fail to comply with the
limitations described herein. On termination, you must destroy all
copies of the Software and Documentation.
EXPORT CONTROLS.
None of the Software or underlying information or technology may be
downloaded or otherwise exported or reexported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Denial
Orders. By downloading or using the Software, you are agreeing to the
foregoing and you are representing and warranting that you are not
located in, under the control of, or a national or resident of any such
country or on any such list.
In addition, if the licensed Software is identified as a not-for-export
product (for example, on the box, media or in the installation
process), then the following applies: EXCEPT FOR EXPORT TO CANADA FOR
USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING
TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY
FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY
U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO
IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED
STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE
FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR
UNDER THE CONTROL OF A FOREIGN PERSON.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SHEPWORLDS OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL SHEPWORLDS BE LIABLE FOR
ANY DAMAGES IN EXCESS OF THE AMOUNT SHEPWORLDS RECEIVED FROM YOU FOR A
LICENSE TO THE SOFTWARE, EVEN IF SHEPWORLDS SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line 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,
in which the failure of the Software could lead directly to death,
personal injury, or severe physical or environmental damage ("High Risk
Activities"). Shepworlds and its suppliers specifically disclaim any
express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS.
If the copy of the Software you received was accompanied by a printed
or other form of "hard-copy" End User License Agreement whose terms
vary from this Agreement, then the hard-copy End User License Agreement
governs your use of the Software. This Agreement represents the
complete agreement concerning this license and may amended only by a
writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER
PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS
SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any
provision of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable.
This Agreement shall be governed by Florida law (except for conflict of
law provisions). The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
CHANGED TERMS
Shepworlds shall have the right at any time to change the terms of this
Agreement or require new terms and to change, impose conditions on or
discontinue any aspect or feature of the Software. Such changes shall
be effective immediately upon notification by any means which give you
actual knowledge of them or upon posting of such terms on the Software,
and any use by you of the Software and receipt of the Information after
such notice shall be deemed acceptance of them by you.
U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to
restrictions set forth in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-
7015, or to Shepworlds's standard commercial license, as applicable,
and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is ShepherdÆs Worlds, Inc., 10681 Airport Road
N, Suite #21, Naples, FL 34109.