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license.txt
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1998-07-24
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WARRANTY AND LICENSE AGREEMENT
==============================
Definition of terms
-------------------
The term "Program" refers to Scribe for Theophilos program. The term
"Author" refers to Ivan Jurik, Datelinova 1, 821 01 Bratislava, Slovakia.
The term "Add-on" refers to add-on modules of Theophilos program.
Copyright notice
----------------
Theophilos(TM) is Copyright (c) 1997, 1998, Ivan Jurik. All Rights
Reserved. Theophilos is Trademark of Ivan Jurik. The Program is protected
by the copyright laws of Slovak Republic, the United States and
international copyright treaties.
License agreement
-----------------
You are hereby licensed to use unregistered evaluation copy of the Program
for unlimited time. Unregistered evaluation copy limits files it produces
to 20 entries. There is no such limitation once you register. Registered
copy of the Program may be used by registered user for unlimited time on a
single computer. If a copy of the Program is registered by organization or
company it may be used by this organization for unlimited time on all
computers owned by this organization.
There are no royalty or other fees for distribution of Add-ons produced by
the Program. Such Add-ons are distributed under terms set forth by authors
of Add-ons.
You may freely distribute Program in its original and unmodified evaluation
format to others provided you keep your registration code confidential. You
may include Program on CD-ROMs, shareware collections, Internet sites,
Bulletin Boards and other media.
Title
-----
Title, ownership rights and intellectual property rights in and to the
Program shall remain a property of Author. This Agreement does not include
the right to copy or sublicense the Program and is personal to you and
therefore may not be assigned (by operation of law or otherwise) or
transferred without the prior written consent of Author. You acknowledge
that the Program in source code form remains a confidential trade secret of
Author and/or his suppliers and therefore you agree not to attempt to
decipher, decompile, disassemble or reverse engineer the Program or allow
others to do so, except to the extent applicable laws specifically prohibit
such restriction. You further agree not to modify or create derivative
works of the Program.
Content
-------
Title, ownership rights, and intellectual property rights in and to the
content of Add-ons produced by the Program is the property of the
applicable content owner and may be protected by applicable copyright or
other law. This License gives you no rights to such content.
PRODUCING AND DISTRIBUTION OF ADD-ONS CONTAINING COPYRIGHTED MATERIAL
WITHOUT WRITTEN CONSENT OF APPLICABLE COPYRIGHT HOLDER IS DISCOURAGED AND
NOT APPROVED BY AUTHOR. AUTHOR WILL NOT BE LIABLE FOR ANY CONSEQUENCES
RESULTING FROM SUCH ACTIVITY.
Disclaimer of warranty
----------------------
Program 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 Program is borne by you. Should the Program
prove defective, you and not the Author assume the entire cost of any
service and repair.
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.
Limitation of liability
-----------------------
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL AUTHOR OR HIS 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 AUTHOR BE LIABLE FOR
ANY DAMAGES, EVEN IF AUTHOR 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 STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Termination
-----------
Either party may terminate this Agreement immediately in the event of
default by the other party. Upon any termination of this Agreement, you
shall immediately discontinue the use of the Program. You may also
terminate this Agreement at any time by destroying the Program and all
copies thereof. Your obligations to pay accrued charges and fees shall
survive any termination of this Agreement.
Miscellaneous
-------------
This Agreement represents the complete and exclusive statement of the
agreements 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. THE ACCEPTANCE OF ANY PURCHASE ORDER
PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET
FORTH HEREIN, AND AUTHOR AGREES TO FURNISH THE PROGRAM ONLY UPON THESE
TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. 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, and
such decision shall not affect the enforceability (i) of such provision
under other circumstances or (ii) of the remaining provisions hereof under
all circumstances. Headings shall not be considered in interpreting this
Agreement.
END