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license.txt
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1993-02-07
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8KB
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128 lines
LICENCE AGREEMENT
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS
DISKETTE PACKAGE. USING THIS PACKAGE INDICATES YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT OR UNDERSTAND THEM,
YOU SHOULD PROMPTLY RETURN THE DISKETTE PACKAGE.
Proprietary Property
This program, Gold Disk Inc.'s trade marks, product names, user
manuals, documentation and other support materials are either patented,
copyrighted, trademarked, constitute valuable trade secrets (whether
or not they or any portion thereof may be copyrighted or patented) or
are otherwise proprietary to Gold Disk Inc. In addition, this program
may contain the proprietary property of others which has been licensed
to Gold Disk Inc. (such as fonts and clip art). You agree not to remove
any product identification or notices of the proprietary restrictions
from Gold Disk Inc.'s products or manuals.
Licence and Prohibitions
You may:
(a) use the enclosed program and accompanying written materials
("programming materials") in connection with a single computer. A sealed
copy of the program is being furnished to you along with this licence
agreement. If you wish to use the program on more than one computer,
you must licence another copy of the program;
(b) use the program and accompanying written materials on a licenced
computer network. A "computer network" is any combination of two or
more terminals that are electronically linked and capable of sharing the
use of a single software program. A "licenced computer network" is a
computer network for which you have purchased from Gold Disk Inc. or
its dealer one copy of this program and enough copies of this program's
user manual so that each concurrent user of the program on
the network has exclusive access to a manual copy during his or her
use of this program on the computer network.
(c) copy the program once only solely for back-up purposes in support
of your use of the program so long as you prominently label the
back-up copy with the appropriate copyright notice;
(d) use the program for your personal use or in your business or
profession. Permitting unauthorized users access to the program and
program materials is a violation of this licence agreement; and
(e) transfer the program and licence to another party if the other party
agrees to accept the terms and conditions of this agreement. If you
transfer the program, you must at the same time either transfer all
copies to the same party or destroy any copies not transferred. If you
transfer possession of any copy of the program to another party, your
licence is automatically terminated.
Prohibited Uses
You may not, without explicit prior written permission from Gold Disk Inc.:
(a) use, modify or transfer the program, or copy the program in whole or
in part, except as expressly provided herein;
(b) reverse-engineer,
decompile or otherwise recreate this program in whole or in part;
(c) make copies of or distribute, for profit or otherwise, or authorize
the copying or distribution of the program or program materials, except
as herein provided;
(d) make alterations to the program or merge it into any other software;
(e) grant sublicences and leases or other rights in the program or program
materials to others;
(f) make verbal or media translations of the program, in whole or in part,
or of the program materials;
(g) modify the program for use on non-compatible hardware;
(h) make telecommunications data transmissions of the program in whole
or in part;
(i) distribute or rent the program on either a permanent or temporary
basis to others; or
(j) make available any part of the program or program materials to any
third party, other than your own properly authorized employees.
It is agreed that the violation by you of any of the prohibitions
described above shall be a material breach by you of this licence
agreement, and any attempt to sublicence, assign, or transfer any of
the rights, duties, or obligations under this agreement, except as
expressly provided herein, is void.
Term
The licence is effective until terminated. You may terminate it at any
time by destroying the program together with all copies in any form. It
will also terminate upon conditions set forth elsewhere in this agreement
or if you fail to comply with any term or condition of this agreement.
You agree that upon such termination you will destroy the program together
with all copies in any form.
Limited Warranty
The program is provided "as is" without warranty of any kind, either
expressed or implied, including but not limited to the implied warranties
of merchantability and fitness for a particular purpose, with the sole
exception of defective diskette(s), described below. The entire risk as
to the quality and performance of the program is assumed by you. If the
program proves defective, you (and not Gold Disk Inc. or its dealers)
assume the entire cost of all necessary servicing, repair or correction.
Gold Disk Inc. warrants to the original licencee that the diskette(s) on
which the program is recorded shall be free from defects in material and
workmanship only for a period of thirty (30) days from the date of original
purchase. If a defect covered by this warranty occurs during this period,
and it is returned to the dealer from whom it was purchased not later than
five (5) days after the end of such period, the dealer shall, at its
option, either repair or replace the diskette. This warranty is in lieu
of all other express or statutory warranties, and the duration of any
implied warranty, including but not limited to the implied warranties
of merchantability and fitness for a particular purpose, is hereby limited
to said thirty (30) day period.
Gold Disk Inc.'s liability is limited
solely to the repair or replacement of the enclosed diskette(s), as set
out above, and shall not in any event include damages for loss of use or
loss of anticipated profits, savings, costs, expenses or other incidental
or consequential damages arising out of the use or inability to use the
program, including without limitation, any damages arising from data or
information lost or rendered inaccurate, even if Gold Disk Inc. or its
dealer has been advised of the possibility of such damages.
Gold Disk Inc. does not warrant, guarantee or make any representations
that the functions contained in the program will meet your requirements
or that the use or operation of the program or that the results of such
use will be correct, accurate, reliable, current, uninterrupted or error
free; and you rely on the program and results of its use solely at your
own risk.
Some jurisdictions do not allow the exclusion or limitation of
implied warranties, so the above exclusion and limitation may not apply
to you. Some jurisdictions do not allow the exclusion of liability for
incidental or consequential damages so the above exclusion may not apply
to you. This warranty gives you specific rights and you may also have
other rights which vary from jurisdiction to jurisdiction.
Updates
Periodically Gold Disk Inc. may introduce new versions or releases of
the software. To qualify for notification of the availability of these
new versions or releases and their prices, you must first complete and
return the enclosed program registration card. All new versions or
releases which are provided to you shall become part of the program and
shall be governed by the terms of this licence agreement.
General
This agreement will be governed by the laws of the province of Ontario,
Canada or the state of California, United States of America, depending
on the country where the program was originally purchased.