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LICENCE.DOC
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1992-12-15
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LOGISTRAL INC. ∙ SHAREWARE LICENCE
When used in this Licence:
"We" and the "Author" mean "Logistral, Inc.". The "Trademark" means the
mark "Apropos". The "Software" means the program and related text files
and printed materials distributed by the Author under the Trademark.
This Shareware Licence gives you a limited period to evaluate the
Software. It also tells you how you can use the Software after the
evaluation period ends, and *encourages* you to distribute it so that
others can evaluate it. By using, evaluating, copying, uploading, giving
away, displaying or distributing the Software, you agree to all of the
terms, conditions and disclaimers in this Licence.
OWNERSHIP
The Author owns, or has licenced from the owner, all copyrights and
trade secrets in the Software, and owns the Trademark under which it
distributes the Software. Among other things, this means:
[1] The Software is not public domain software and is not free. Your
rights to it are only those provided by this Licence.
[2] The rights granted by this Licence are on the condition that you
will not modify, reverse compile, disassemble, or reverse engineer the
Software, in order to use or disclose any secret information of the
Author that it contains.
HOW AND WHY TO REGISTER
You may evaluate the Software for 30 days after you first run any part
of it on a computer.
To use the Software after your evaluation period ends, you must register
your use of the Software by completing the USER REGISTRATION FORM and
sending it to an authorized agent together with the registration fee it
indicates.
As a registered user of the Software, you have the right to use the
Software "just like a book". This means you and any number of people
can use it, and it can be used on any number of machines, so long as --
just like a book -- there is NO POSSIBILITY that more than one copy will
be used at a time. Please contact us to learn about our special rates
for site and multiple user licences.
Use of the Software beyond the trial period is copyright infringement
unless you register and pay us the registration fee. Such use also
threatens the continuation of the shareware revolution, which has
benefitted users by its "try before you buy" philosophy and by slowing
increases in software prices. Shareware enables hardworking shareware
authors who don't have the marketing resources of a large software
company to market some of the best and most innovative software to be
found anywhere. SHAREWARE IS GOOD FOR YOU -- IF YOU LIKE THE SOFTWARE,
PLEASE REGISTER YOUR COPY OF IT!
YOU WANT TO UPLOAD THE SOFTWARE
You have the right (and are encouraged!) to upload the Software to
bulletin boards.
IF YOU ARE A SYSOP
You have the right to permit copies of the Software to be made
electronically from computer bulletin boards.
IF YOU ARE A SHAREWARE DISK VENDOR
Since how Shareware authors and Shareware Disk Vendors do business
effects both of their business reputations, we believe they should have
a cooperative and mutually supportive relationship. Accordingly, we
grant Shareware Disk Vendors the right to distribute the Software
subject to their completion of the VENDOR APPLICATION FORM, and our
return to them, in our discretion, of a copy of the Form signed by us.
By this procedure, the Vendor and Author confirm their agreement to this
Licence, including to the following mutual obligations and terms:
[1] *Obligations of the Author*. The Author shall provide to Shareware
Disk Vendors:
[A] New releases of the Software;
[B] Accurate descriptions of the important features of the Software;
[C] Accurate descriptions of the hardware prerequisites of the
Software; and
[D] A recommendation as to the appropriate product classification of
the Software for catalogue and advertising purposes.
[2] *Obligations of Vendors*. Shareware Disk Vendors agree to:
[A] Market the Software as shareware using the words "try before you
buy" or words of similar meaning, and not to misleadingly market it or
label it as fully-paid software;
[B] Endeavor, to the extent practicable, to sell only the most
current version of the Software that the Author provides;
[C] Make distribution copies of the Software only from master copies
received directly from the Author or an authorized agent and only
using high quality disks, labels, and software duplication technology;
and
[D] Hold the Author, its employees and agents harmless from damage,
loss and expense arising directly and indirectly from the Vendor's
acts and omissions in copying and distributing the Software;
VENDOR SPECIFIC DISTRIBUTION RULES
Sales of the Software on racks and on CD-ROM are strictly prohibited.
GENERAL DISTRIBUTION RULES
All Software distributed hereunder must be distributed in complete,
unaltered form. Among other things, this means *no* distribution is
authorized hereunder unless it contains all of the Software's files,
including its text, order forms and documentation files, each in their
original form.
DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES
[1] THE SOFTWARE IS PROVIDED TO ALL WHO RECEIVE IT "AS-IS". NO
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY
MEDIUM IT MAY BE ON, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
[2] ALL WHO RECEIVE THE SOFTWARE HAVE NO REMEDY FOR INDIRECT,
CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM THE SOFTWARE
DIRECTLY OR INDIRECTLY, INCLUDING SUCH FROM NEGLIGENCE, STRICT
LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN FROM A PERSON WHO HAS
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow disclaimers of implied warranties or the
exclusion of consequential damages, so the above disclaimers and
exclusions may not apply to you.
RESERVATION OF RIGHTS
All of the Author's right, title and interest in and to the Software and
the Trademark not expressly granted herein are reserved exclusively by
the Author. These include, without limitation, the Author's rights to,
in its sole discretion, terminate the distribution rights granted by it
hereunder, and to alternatively or simultaneously market the Software
other than as shareware. Authorization is not granted by this Licence
to rent or lease the Software, or to sell it as part of any hardware or
software package.
HOW THIS LICENCE ENDS AND WHAT HAPPENS WHEN IT DOES
[1] THE RIGHT TO UPLOAD the Software to a bulletin board automatically
EXPIRES at the end of December 31, 1994. If you wish to upload the
program after that date, please contact us! We will be pleased to tell
you about the latest version of the program and its licensing terms.
[2] THE RIGHT OF REGISTERED USERS to use the Software is perpetual.
[3] THE RIGHTS OF BULLETIN BOARD SYSOPS and SHAREWARE DISK VENDORS TO
DISTRIBUTE THE SOFTWARE are perpetual. Each are, however, subject to an
obligation to cease such distribution reasonably promptly upon a request
by the Author. If the Vendor has and continues to honor this Licence,
the Vendor may, after such a request to cease, distribute copies of the
Software that the Vendor has in stock.
[4] Expiration or termination of this Licence or your rights hereunder
does not terminate your obligations hereunder to honor the Author's
rights in and to the Software, and to hold the Author harmless.
MISCELLANEOUS
This Agreement [A] shall be governed in all respects by the laws of the
Province of Quebec as to its validity, construction and performance,
without giving effect to the choice of law provisions thereof; [B]
constitutes the entire agreement of the parties as to its subject matter
and merges and supersedes all prior discussions, agreements, and
understandings; and [C] may not be modified orally. With respect to
every matter arising under this Agreement, the parties consent to the
exclusive jurisdiction and venue of the provincial and federal courts
sitting in Quebec City, Province of Quebec and to service by certified
mail, return receipt requested.
Logistral, Inc. is a member of the Software Publishers Association (SPA).