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Freesoft 1998 April
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LICENSE.TX_
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LICENSE.TX
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1998-04-14
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VladCo End-User Software License Agreement
============================================
PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING THE
SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE
AGREEMENT, PLEASE DO NOT DOWNLOAD THE SOFTWARE.
This is a legal agreement between you and VladCo Computers. and
its subsidiaries ("VladCo"). This Agreement states the terms and
conditions upon which VladCo offers to license the software
downloaded from this website together with all related documentation
and accompanying items including, but not limited to, the executable
programs, drivers, libraries and data files associated with such
programs (collectively, the "Software").
LICENSE
1. Grant of License.
The Software is licensed, not sold, to you for use only under the
terms of this Agreement. This License Agreement is your proof of
license to exercise the rights granted herein and must be retained by
you. As between you and VladCo (and, to the extent applicable, its
licensors), VladCo retains all title to and ownership of the
Software and reserves all rights not expressly granted to you.
VladCo grants to you the right to use all or a portion of this
Software provided that (a) the Software is not distributed for profit;
(b) the Software is used only in conjunction with VladCo's family of
products; (c) the Software may NOT be modified; (d) all copyright
notices are maintained on the Software; and (e) the licensee/end user
agrees to be bound by the terms of this Agreement.
2. For Use on a Single Computer.
The Software may be used only on a single computer by a single user at
any time. You may transfer the machine-readable portion of the Software
from one computer to another computer, provided that (a) the
Software (including any portion or copy thereof) is erased from the
first computer, and (b) there is no possibility that the Software will
be used on more than one computer at a time.
3. Stand-Alone Basis.
You may use the Software only on a stand-alone basis, such that the
Software and the functions it provides are accessible only to persons
who are physically present at the location of the computer on which
the Software is loaded. You may not allow the Software or its
functions to be accessed remotely, or transmit all or any portion of
the Software through any network or communication line.
4. Copyright.
The Software is owned by VladCo and is protected by United States
copyright laws and international treaty provisions. You may not remove
the copyright notice from any copy of the Software or any copy of the
written materials, if any, accompanying the Software.
5. One Archival Copy.
You may make one (1) archival copy of the machine-readable portion of
the Software for backup purposes only in support of your use of the
Software on a single computer, provided that you reproduce on the copy
all copyright and other proprietary rights notices included on the
originals of the Software.
6. No Merger or Integration.
You may not merge any portion of the Software into, or integrate any
portion of the Software with, any other program, except to the extent
expressly permitted by the laws of the jurisdiction where you are
located. Any portion of the Software merged into or integrated with
another program, if any, will continue to be subject to the terms
and conditions of this Agreement, and you must reproduce on the merged
or integrated portion all copyright and other proprietary rights
notices included on the originals of the Software.
7. Network Version.
If you have purchased a "network" version of the Software, this
Agreement applies to the installation of the Software on a single
"file server." It may not be copied onto multiple systems. Each
"node" connected to the "file server" must also have its own license
of a "node copy" of the Software, which becomes a license only for
that specific "node."
8. Transfer of License.
You may not transfer your license of the Software to a third party.
9. Limitations on Using, Copying, and Modifying the Software.
Except to the extent expressly permitted by this Agreement or by the
laws of the jurisdiction where you acquired the Software, you may not
use, copy or modify the Software. Nor may you sub-license any of
your rights under this Agreement.
10. Decompiling, Disassembling, or Reverse Engineering.
You acknowledge that the Software contains trade secrets and other
proprietary information of VladCo and its licensors. Except to the
extent expressly permitted by this Agreement or by the laws of the
jurisdiction where you are located, you may not decompile,
disassemble or otherwise reverse engineer the Software, or engage in
any other activities to obtain underlying information that is not
visible to the user in connection with normal use of the Software. In
particular, you agree not for any purpose to transmit the Software or
display the Software's object code on any computer screen or to make
any hard copy memory dumps of the Software's object code. If you
believe you require information related to the interoperability of the
Software with other programs, you shall not decomplile or disassemble
the Software to obtain such information, and you agree to request such
information from VladCo at the address listed below. Upon receiving
such a request, VladCo shall determine whether you require such
information for a legitimate purpose and, if so, VladCo will
provide such information to you within a reasonable time and on
reasonable conditions. In any event, you will notify VladCo of any
information derived from reverse engineering or such other
activities, and the results thereof will constitute the confidential
information of VladCo that may be used only in connection with the
Software.
TERMINATION
The license granted to you is effective until terminated. You may
terminate it at any time by destroying the Software (including any
portions or copies thereof) currently in your possession or control.
The license will also terminate automatically without any notice from
VladCo if you fail to comply with any term or condition of this
Agreement. You agree upon any such termination to destroy the
Software (including any portions or copies thereof). Upon
termination, VladCo may also enforce any and all rights provided by
law. The provisions of this Agreement that protect the proprietary
rights of VladCo will continue in force after termination.
NO WARRANTY
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE
SOFTWARE IS PROVIDED FOR USE ONLY WITH VLADCO'S SOFTWARE.
THE SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, VladCo DISCLAIMS ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
VladCo IS NOT OBLIGATED TO PROVIDE ANY UPDATES OR UPGRADES
TO THE SOFTWARE.
No distributor, dealer or any other entity or person is authorized to
expand or alter this warranty or any other provisions of this
Agreement. VladCo does not warrant that the functions contained in
the Software will meet your requirements or that the operation of the
Software will be uninterrupted or error-free. Any representation,
other than the warranties set forth in this Agreement, will not bind
VladCo. You assume full responsibility for the selection of the
Software to achieve your intended results, and for the downloading,
use and results obtained from the Software. You also assume the
entire risk as it applies to the quality and performance of the
Software. Should the Software prove defective, you (and not VladCo,
or its distributors or dealers) assume the entire cost of all
necessary servicing, repair or correction.
This warranty gives you specific legal rights, and you may also have
other rights which vary from country/state to country/state. Some
countries/states do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you. VladCo disclaims all
warranties of any kind if the Software was customized, repackaged or
altered in any way by any third party other than VladCo.
NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL
DAMAGES
In no event shall VladCo or its Licensor's be liable for any damages
whatsoever (including, without limitation, incidental, direct,
indirect, special or consequential damages, damages for loss of
business profits, business interruption, loss of business information,
or other pecuniary loss) arising out of the use or inability to use
this Software, even if VladCo or its Licensor's have been advised
of the possibility of such damages. Because some states/ countries do
not allow the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply to you.
INDEMNIFICATION BY YOU
If you distribute the Software in violation of this Agreement, you
hereby indemnify, hold harmless and defend VladCo from and against
any and all claims or lawsuits, including attorney's fees and costs
that arise, result from or are connected with the use or distribution
of the Software in violation of this Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted
rights. Use, duplication or disclosure by the U.S. Government is
subject to restrictions as set forth in subdivision (b)(3)(ii) of the
Rights in Technical Data and Computer Software Clause at 252.227-7013.
If you are sub-licensing or using the Software outside of the United
States, you will comply with the applicable local laws of your
country, U.S. export control law, and the English version of this
Agreement.
CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
VladCo Computers
2525 Old Farm Road No. 1438
Houston, TX 77063
GENERAL
This Agreement is binding on you as well as your employees, employers,
contractors and agents, and on any successors and assignees. Neither
the Software nor any information derived therefrom may be exported
except in accordance with the laws of the U.S. or other applicable
provisions. This Agreement is governed by the laws of the State of
California (except to the extent federal law governs copyrights and
federally registered trademarks). This Agreement is the entire
agreement between us and you agree that VladCo will not have any
liability for any untrue statement or representation made by its, its
agents or anyone else (whether innocently or negligently) upon which
you relied upon entering this Agreement, unless such untrue statement
or representation was made fraudulently. This Agreement supersedes
any other understandings or agreements, including, but not limited to,
advertising, with respect to the Software.
If any provision of this Agreement is deemed invalid or unenforceable
by any country or government agency having jurisdiction, that
particular provision will be deemed modified to the extent necessary
to make the provision valid and enforceable, and the remaining
provisions will remain in full force and effect.
For questions concerning this Agreement, please contact VladCo at
the address stated above. For questions on product or technical
matters, contact the VladCo technical support center nearest you.
SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION
If you downloaded the Software in the European Union (EU), the
following provisions also apply to you. If there is any inconsistency
between the terms of the Software License Agreement set out above and
the following provisions, the following provisions shall take
precedence.
Decompilation:
You agree not for any purpose to transmit the Software or display the
Software's object code on any computer screen or to make any hard copy
memory dumps of the Software's object code. If you believe you require
information related to the interoperability of the Software with other
programs, you shall not decompile or disassemble the Software to
obtain such information, and you agree to request such information
from VladCo at the address listed above. Upon receiving such a
request, VladCo shall determine whether you require such information
for a legitimate purpose and, if so, VladCo will provide such
information to you within a reasonable time and on reasonable conditions.
Limited Warranty:
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, AND AS PROVIDED
BELOW UNDER THE HEADING "STATUTORY RIGHTS", THE SOFTWARE IS
PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE
Limitation of Remedy and Damages:
THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE SOFTWARE
LICENSE AGREEMENT SHALL NOT APPLY TO PERSONAL INJURY
(INCLUDING DEATH) TO ANY PERSON CAUSED BY VladCo'S
NEGLIGENCE AND ARE SUBJECT TO THE PROVISION SET OUT BELOW
UNDER THE HEADING "STATUTORY RIGHTS".
Statutory rights:
Irish law provides that certain conditions and warranties may be
implied in contracts for the sale of goods and in contracts for the
supply of services. Such conditions and warranties are hereby
excluded, to the extent such exclusion, in the context of this
transaction, is lawful under Irish law. Conversely, such conditions
and warranties, insofar as they may not be lawfully excluded, shall
apply. Accordingly nothing in this Agreement shall prejudice any
rights that you may enjoy by virtue of Sections 12, 13, 14 or 15 of
the Irish Sale of Goods Act 1893 (as amended).
General:
This Agreement is governed by the laws of the Republic of Ireland.
The local language version of this agreement shall apply to Software
downloaded in the EU. This Agreement is the entire agreement between
us and you agree that VladCo will not have any liability for any
untrue statement or representation made by it, its agents or anyone
else (whether innocently or negligently) upon which you relied upon
entering this Agreement, unless such untrue statement or
representation was made fraudulently.