PC Collector 12 - Disc 4/POOL_CHAMP.bin/DATA/ZIP/SPACE.EXE/SPACE/_SETUP.LIB/license.txt

Text File | 1997-10-19 | 7KB | 118 lines

IMPORTANT: READ THE FOLLOWING CAREFULLY.


THE FOLLOWING IS A SOFTWARE LICENSE RELATED TO YOUR USE OF
TRIOSOFT'S SPACE ESTATE SOFTWARE (THE "SOFTWARE").
BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING
TO BE BOUND BY THIS LICENSE AGREEMENT, AND THE TERMS SHALL BE
BINDING WITH RESPECT TO YOUR USE OF THE SOFTWARE. IF YOU DO NOT
AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL"
BUTTON, AND THE INSTALL PROCESS WILL CEASE.

TRIOSOFT SPACE ESTATE LICENSE AGREEMENT

1. License Grant. Subject to the terms and conditions specified below, TrioSoft, Inc.
("TrioSoft") grants to you a non-exclusive, nontransferable license to install, use and display the
Software and the accompanying documentation for the sole purpose of personal, non-business related
entertainment. Any rights not granted are reserved to TrioSoft.


2. Restrictions on Use. You may use the Software and the accompanying documentation for
your personal use only, and you may not use the Software for, with or in any commercial use,
regardless of whether compensation is paid for such use, including but not limited to being made
available by any Internet service provider to its subscribers. You may not permit any other person to
use the Software unless such use is in accordance with the terms of this Agreement. You may not
permit concurrent use of the Software, unless each concurrent user has a copy of the Software
licensed to him. You may not copy, modify, translate, reverse engineer, reverse compile, decompile,
disassemble or create derivative works with respect to the Software, except to the extent applicable
laws specifically prohibit such restrictions. You may not rent, lease, sublicense, grant a security
interest in or otherwise transfer your rights to use the Software.


3. Reports to TrioSoft. You agree to assist TrioSoft in the maintenance of the Software by
reporting: (a) any bugs in the Software; (b) any failures of the Software to function as anticipated or
to interface properly with other software; (c) any perceived problems with the Software; and (d) any
suggested improvements for the Software. All such reports shall be Emailed to
[e-mail], and the contents thereof, together with any other materials, information,
ideas, concepts, and know-how you may provide (including corrections to problems in or with the
Software) shall become the property of TrioSoft and may be used by TrioSoft for all business
purposes without any accounting or payment to you.


4. Term. You may terminate this License at any time. This License shall terminate
immediately, and without additional prior notice, if you fail to observe any of its terms. TrioSoft
may Terminate this License at any time after it provides ten (10) days advance notice of termination.
Upon termination you agree to destroy all copies of the Software, or return such copies to TrioSoft.
You agree that with respect to any copies that may exist and with respect to media containing
regular backups of your computer or computer system, that you shall not access such media for the
purpose of recovering the Software. The terms of Paragraphs 5, 7, 8 and 10 shall
survive termination of this Agreement.


5. Title. TrioSoft shall have sole and exclusive ownership of all right, title, and interest in and
to the Software and the accompanying documentation and all bug fixes, modifications and
enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto),
regardless of the form or media in which the original or copies may exist, subject only to the rights
and privileges expressly granted by TrioSoft. The Software is copyrighted under the laws of the
United States and international treaty provisions.


6. Additional Software. This license does not grant you any right to license or use the Software for
any commercial use, and any use of such version shall be pursuant to
a separate license.


7. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY
WARRANTY OF ANY KIND, AND YOU ACCEPT IT "AS IS." THIS IS THE ONLY
WARRANTY THAT IS MADE TO YOU BY TRIOSOFT ON THE SOFTWARE, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND IT IS MADE IN LIEU OF ALL OTHER WARRANTIES OR
REMEDIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THE LICENSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED
WARRANTIES WITH RESPECT TO CERTAIN USERS, SO THIS DISCLAIMER MAY NOT
APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
JURISDICTION.


8. Limitation of Liability. END-USER HAS ENTERED INTO THIS LICENSE AND IS
USING THE SOFTWARE VOLUNTARILY, HAVING BEEN ADEQUATELY INFORMED
THAT THE SOFTWARE MAY CONTAIN ERRORS OR BUGS WHICH WILL STOP OR IMPEDE
THE FUNCTIONING OF THE SOFTWARE, INTERFERE WITH OTHER SOFTWARE
INSTALLED ON THE CPU OR DAMAGE DATA; END-USER SHALL HAVE SOLE
RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACK-UP OF END-USER'S
DATA AND OTHER SOFTWARE . TRIOSOFT SHALL HAVE NO LIABILITY
WHATSOEVER FOR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE.
ALL LIABILITY RELATED TO YOUR USE OF THE SOFTWARE SHALL BE GOVERNED
BY THIS LICENSE, AND IN NO EVENT SHALL TRIOSOFT BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING FROM BREACH OF
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT,
OR ANY OTHER LEGAL THEORY AS A RESULT OF YOUR USE OF SOFTWARE, EVEN
IF TRIOSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH
DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS OR REVENUE,
COST OF CAPITAL, OVERHEAD COSTS, BUSINESS INTERRUPTIONS OR WORK
STOPPAGES, COMPUTER FAILURE OR MALFUNCTION, LOSS OR RECREATION OF
DATA, OR COST OF ANY SUBSTITUTE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


9. Export Controls. The Software may not be downloaded or otherwise exported, directly or
indirectly, without the prior written consent, if required, by the office of Export Administration of
the United States, Department of Commerce, nor to any country to which the U.S. has embargoed
goods, to any person on the U.S. Treasury Department's list of Specially Designated Nations or the
U.S. Commerce Department's Table of Denials. By installing the Software you are warranting
that you are not located in, under the control of, or a national or resident of any such country or
appear on any such list.


10. Entire Agreement. This Agreement represents the complete agreement concerning this
license, and may only be amended by a writing executed by both parties. If any term of this License
shall be found invalid, the term shall be modified or omitted to the extent necessary, and the
remainder of the License shall continue in full effect. This License shall be construed in accordance
with the laws of North Carolina (excluding conflicts of laws provisions and the United Nations
Convention on Contracts for the International Sale of Goods), and all disputes shall have exclusive
venue in the federal and state courts in Wake County, North Carolina and you agree to the
jurisdiction of these courts.