Hot Shareware 32/hot34.iso/ficheros/NINET/SMME153.ZIP/_SETUP.LIB/LicenseF.txt

Text File | 1997-12-11 | 6KB | 107 lines

BY CLICKING ON THE "Yes" BUTTON, YOU ARE CONSENTING TO BE
BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.  IF YOU
DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK
THE "No" BUTTON AND THE INSTALLATION PROCESS WILL
NOT CONTINUE.

TREND MICRO DEVICES, INC. END USER LICENSE AGREEMENT NO FEE
VERSION (EXPORT VERSION ONLY)

GRANT.  Trend Micro Devices, Inc. hereby grants you a non-exclusive
license to use its accompanying software product ("Software") free of
charge if your use of the Software is for the purpose of evaluating
whether to purchase an ongoing license to the Software.

You may: use the Software on any single computer, use the Software on a
second computer so long as the first and second computers are not used
simultaneously; or 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; 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 (except for back-up purposes); rent, lease, transfer
or otherwise transfer rights to the Software; or remove any proprietary
notices or labels on the Software.

SOFTWARE.  If you receive your first copy of the Software
electronically, and a second copy on media, the second copy may be used
for archival purposes only.  This license does not grant you any right
to any enhancement or update.

TITLE.  Title, ownership rights, and intellectual property rights in and
to the Software shall remain in Trend Micro Devices, Inc. and/or its
suppliers.  The Software is protected by the copyright laws of the
United States and international copyright treaties.

DISCLAIMER OF WARRANTY.  Since the Software is provided free of charge,
the 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 Trend Micro Devices,
Inc. assume the entire cost of any service and repair.  In addition, the
security mechanism implemented by the Software has 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 STATES 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 FROM STATE TO STATE
OR BY JURISDICTION.

LIMITATIONS OF LIABILITY.  UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL
TREND MICRO DEVICES, INC. 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
TREND MICRO DEVICES, INC. BE LIABLE FOR ANY DAMAGES IN
EXCESS OF TREND MICRO DEVICES' LIST PRICE FOR A LICENSE
TO THE SOFTWARE, EVEN IF TREND MICRO DEVICES, INC. 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 SATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

TERMINATION.  This license will terminate automatically if you fail to
comply with the limitations described above.  On termination, you must
destroy all copies of the Software.

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 Deny 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.

MISCELLANEOUS.  This Agreement represents the complete agreement
concerning this license between the parties and supersedes all prior
agreements and representations between them.  It may be amended only by
a writing executed by both parties.  If any provision of this Agreement
is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable.  This
Agreement shall be governed by and construed under California law as
such law applies to agreements between California residents entered into
and to be performed within California, except as governed by Federal
law.  The application the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.

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,
and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Trend Micro Devices, Inc., 20245 Stevens
Creek Blvd., Cupertino, CA  95014.