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license.txt
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Text File
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1998-10-21
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8KB
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152 lines
Software License Agreement
1. NOTICE: THIS SOFTWARE IS BEING LICENSED TO YOU ON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE
AGREEMENT (this "Agreement"). PLEASE READ THE LICENSE AGREEMENT
CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING
OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THE
LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS THEN BLAZE
TECHNOLOGIES, INC. ("Blaze") IS UNWILLING TO LICENSE THE SOFTWARE
TO YOU AND YOU SHOULD NOT INSTALL OR USE THE SOFTWARE. IN SUCH
CASE, IF YOU PAID FOR A LICENSE TO THE SOFTWARE, THEN RETURN THE
UNINSTALLED SOFTWARE AND ALL OTHER MATERIALIN THIS PACKAGE ALONG
WITH PROOF OF PAYMENT WITHIN 30 DAYS TO THE AUTHORIZED DEALER FROM
WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU PAID.
This Agreement has 3 Sections. Section I applies if you have purchased
a license to the accompanying software (the "Software"). Section II
applies if you are evaluating the Software and have not purchased a
license to the Software. Section III applies to all users.
SECTION I - TERMS FOR USE BY PURCHASERS OF THE SOFTWARE
Grant: If you have purchased a license to the Software, Blaze grants
you a license to install and use the Software in accordance with the
Permitted and Restricted Uses outlined in Section III.
Limited Warranty: Blaze makes the following sole warranty:
The media on which the Software is stored (if provided by Blaze) will
be free from defects in materials and workmanship under normal use for
a period of ninety (90) days from the date you purchased a license
for the Software as evidenced on your proof of purchase. If the media
fails to conform to this warranty, Blaze may at its sole discretion:
(1) replace any media that you return during the warranty period or (2)
provide you with a refund of your purchase price.
WARRANTY DISCLAIMER:
BLAZE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR
ERROR-FREE. BLAZE EXCLUDES AND EXPRESSLY DISCLAIMS ALL EXPRESS
AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. This limited warranty gives you
specific legal rights, and you may also have other legal rights, which
vary from state to state.
SECTION II - TERMS FOR USE IN EVALUATION OF THE SOFTWARE
GRANT: Blaze grants you a license to install and use the Software free
of charge for 30 days in order to evaluate the Software. The Permitted
and Restricted Uses of the Software are outlined in Section III. If
you are evaluating the Software in this manner, you are not entitled to
technical support or telephone assistance.
DISCLAIMER OF WARRANTY: THE SOFTWARE PROVIDED FOR EVALUATION
PURPOSES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
IF THE SOFTWARE IS DEFECTIVE, YOU AND NOT BLAZE MUST PAY FOR
ANY COST OF SERVICE OR REPAIR.
Some states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. This limited warranty gives you
specific legal rights, and you may also have other legal rights, which
vary from state to state.
SECTION III - TERMS FOR ALL USERS OF THE SOFTWARE
Ownership and License. This is a license agreement and NOT an agreement
for sale. Blaze continues to own the copy of the Software and all other
copies that you are authorized by this Agreement to make. The Software
is protected by copyright law. Your rights to use the Software are
specified in this Agreement, and Blaze retains all rights not expressly
granted to you in this Agreement. Nothing in this Agreement constitutes
a waiver of Blaze's rights under US Copyright law or any other federal
or state law.
Permitted Uses: You are granted the following rights to the Software:
- You may install and use one copy of the Software on a single computer
- You may make one copy of the Software for backup purposes. You may
not copy the documentation.
- You may transfer the Software on a permanent basis if and only if
you:
(1) transfer all copies of the Software on all media types, including
but not limited to hard disks, floppy disks, CD-ROMs; (2) transfer
all documentation; AND (3) the recipient agrees to the terms of this
Agreement. If this is an upgrade version, you must transfer all
previous versions as well. Furthermore, such transfer terminates
your license for the use of the Software.
- You may make and distribute an unlimited number of copies of
individual, "self executing messages" that you develop with the
enclosed programif and only if you: (1) do not sell, license or
rent your self executing messages for profit; AND (2) do not in
any way alter the screen that displays the notice "⌐1995-1998 Blaze
Technologies, Inc. All Rights Reserved."
Restricted Uses: You may not:
- Rent, sublicense or lease the Software.
- Modify, translate, reverse engineer, decompile or disassemble
the Software.
- Create scandalous, obscene or immoral works using the included
images, clip art, sound or backgrounds ("Content").
- Redistribute or sell the Content.
- Use the Content in electronic format unless all of the following
are met:
a) The Content is incorporated for viewing purposes only;
b) A Blaze credit is included in the proposed use;
c) The Content does not represent a significant portion of the
proposed use; and
d) The proposed use is not a product which is similar to or
competes with any of the features of any Blaze product.
- Use the Content in online or in multimedia applications unless
all of the following are met:
a) The Content is incorporated for viewing purposes only;
b) A Blaze credit is included in the proposed use;
c) The Content does not represent a significant portion of the
proposed use; and
d) The proposed use is not a product which is similar to or
competes with any of the features of any Blaze product.
e) A notice is included in the proposed use specifying that
the Content may not be saved or downloaded.
LIMITATION OF LIABILITY
BLAZE SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF BLAZE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLAZE'S LIABILITY
TO YOU SHALL NOT, UNDER ANY LEGAL THRORY, EXCEED YOUR PURCHASE
PRICE OF THE SOFTWARE.
Some sates do not allow these limitations or exclusions, so they may not
apply to you.
Untied States Government Restricted Rights. The Software and
documentation are provided with Restricted Rights. Use, duplication
or disclosure by the US Government or any agency or instrumentality
thereof is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or in subdivision (c) (1) and (2) of the
Commercial Computer Software - Restricted Rights Clause at
FAR 52.227-19, as applicable. Contractor/Manufacturer is Blaze
Technologies, Inc., P.O. Box 4480, Mountain View, CA 94040-4480.
Miscellaneous Provisions: This Agreement will be governed by laws of
the State of California. No change or modification of this Agreement
will be valid unless it is in writing and is signed by both you and
Blaze. If you have any questions regarding this Agreement, write to
us at Blaze Technologies, Inc., P.O. Box 4480, Mountain View, CA
94040-4480.