BUG 6/BUGCD1997_09.BIN/UTIL/ZOW/INSTALL.FIL/LICENSE.DOC

Text File | 1997-05-25 | 9KB | 165 lines

                   INTERNATIONAL LICENSE AGREEMENT

   If  you  live  inside Germany, this agreement does not  apply  to
   you.   Please  read the agreement outlined in LIZENZ.DOC  instead
   or,  if LIZENZE.DOC is not available, ask EmTec for a copy of the
   German license agreement.

   This  is a legal agreement between you, the end user, and  EmTec,
   Innovative Software, Markus Schmidt ("EmTec").
   The  EmTec  ZOC OS/2 Communications Software program version  2.X
   (the  "Software") is licensed by EmTec for use only on the  terms
   and  conditions  set  forth in this document.  Please  read  this
   license  agreement carefully. If you download  the  Software  you
   are indicating to EmTec that you accept and agree to be bound  by
   the  terms set forth in this document. If you do not agree to the
   terms  and conditions set forth in this document, you agree  that
   you  will  not  download the Software and we thank you  for  your
   interest.

   1.  Grant  of License  The Software is not public domain software
   nor  is it free software. The use of the Software, except for  an
   initial  30-day trial period, requires registration. Non-licensed
   users are granted a limited license to use the Software on a  30-
   day  trial  basis  for  the  purpose of determining  whether  the
   Software  is appropriate for their needs. After this period,  you
   must  either  purchase  the  Software  or  remove  it  from  your
   computer  system. The use of unlicensed copies  of  the  Software
   outside  of the initial 30-day trial period by any person,  firm,
   business,  corporation,  government agency  or  other  entity  is
   strictly prohibited.

   A  single  user license grants you the right to use one  copy  of
   the  Software on a single terminal connected to a single computer
   (ie.  CPU).  A  licensed user may use the Software  on  different
   computers,  but  will  not  use the Software  on  more  than  one
   computer at the same time.

   2.  Grant  of Network License.  A site license permits a  company
   with  multiple  users to use several copies of  the  Software  on
   stand-alone  computers, or to use a single copy over  a  network.
   A  computer  network is any combination of two or more  terminals
   that are electronically linked and capable of sharing the use  of
   a  single  software  program. A licensed computer  network  is  a
   computer  network  for which you have acquired and  dedicated  at
   least  one version of the Software (which can run alone or  as  a
   network  server).  If  you wish to arrange for  a  site  license,
   please contact EmTec for more details.

   3.  Copyright.  The Software is owned by EmTec and  is  protected
   by  copyright laws. All rights are reserved. You may  either  (a)
   make  two  copies of the Software solely for backup  or  archival
   purposes  provided  that you reproduce all  copyright  and  other
   proprietary  notices  that  are  on  the  original  copy  of  the
   Software  provided  to you, or (b) transfer  the  Software  to  a
   single  hard  disk  provided you keep  the  original  solely  for
   backup  or  archival  purposes. You  may  not  copy  the  written
   materials accompanying the Software.

   4.  Other  Restrictions.  You may not rent or lease the Software.
   You  may not reverse engineer, decompile, disassemble, or  create
   derivative  works from the Software. Use of the Software  for any
   military- or arms production related purpose, whether direct   or
   indirect,  is strictly  prohibited and  will  constitute a breach
   of the license granted under this Agreement.

   5.  Termination.   A  breach of any term  or  condition  in  this
   Agreement by a licensed user will entitle EmTec to terminate  the
   license  granted hereby. Upon notice of termination  from  EmTec,
   you  agree  that  you  will immediately  cease  the  use  of  the
   Software,   remove it from your computer system and  destroy  any
   Software disks or manuals acquired from EmTec.

   6.  Dual  Media Software.  If the Software package contains  both
   3.5"   and  5.25"  disks,  then  you  may  use  only  the   disks
   appropriate  for  your single-user computer or licensed  computer
   network.  You may not use the other disks on another computer  or
   computer  network,  or  loan, rent or transfer  them  to  another
   user.

   7.  General.   This Agreement will be governed  by  the  laws  of
   Germany.  Any  dispute  in relation to  this  Agreement  will  be
   determined by the court of Nuernberg, Germany and every  licensed
   user  expressly  attorns  to the exclusive  jurisdiction  of  the
   courts of Germany. Should you have any questions concerning  this
   Agreement  or  if  you desire to contact EmTec Software  for  any
   reason,  please  write:  EmTec  Software,  Waagstrasse  4,  90762
   Fuerth, Germany (Telefax: 0911-740 6857).



                      SOFTWARE LIMITED WARRANTY

   To  the  original customer purchasing this product in  the  first
   instance only, EmTec provides the following warranties:

   60  Day Satisfaction Guarantee.  If you are dissatisfied with the
   Software  for any reason we will refund your money for  a  period
   of 60 days from the date of original purchase.

   EmTec  warrants  that  the Software will perform  in  substantial
   compliance with the documentation supplied with the Software.  If
   a  material  defect in the Software is found, you may return  the
   Software  to  us  for a refund. In no event will  such  a  refund
   exceed the purchase price of the Software. This is your sole  and
   exclusive  remedy for any breach of warranty during this  60  day
   period.

   EmTec  does  not  warrant  that  the  Software  will  meet   your
   requirements,   that   operation  of   the   Software   will   be
   uninterrupted or error-free, or that all Software errors will  be
   corrected.  EmTec  is  not responsible  for  problems  caused  by
   changes in the operating characteristics of computer hardware  or
   computer  operating systems which are made after the  release  of
   the  Software nor for problems in the interaction of the Software
   with  other  software.  EmTec  will  have  no  responsibility  to
   replace  or refund the license fee of media damaged by  accident,
   abuse or misapplication.

   THE  ABOVE  WARRANTIES ARE EXCLUSIVE AND IN  LIEU  OF  ALL  OTHER
   WARRANTIES,  WHETHER EXPRESSED OR IMPLIED, INCLUDING THE  IMPLIED
   WARRANTIES  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE
   AND  NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION  OR  ADVICE
   GIVEN  BY  EMTEC, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR  AGENTS
   WILL  INCREASE  THE SCOPE OF THE ABOVE WARRANTIES OR  CREATE  ANY
   NEW  WARRANTIES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU  ASSUME
   THE  RISK  OF PAYING THE ENTIRE COST OF ALL NECESSARY  SERVICING,
   REPAIR   OR   CORRECTION  AND  ANY  INCIDENTAL  OR  CONSEQUENTIAL
   DAMAGES.  IN  NO  EVENT  WILL EMTEC BE  LIABLE  FOR  ANY  DAMAGES
   WHATSOEVER  (INCLUDING WITHOUT LIMITATION  DAMAGES  FOR  LOSS  OF
   BUSINESS   PROFITS,  BUSINESS  INTERRUPTION,  LOSS  OF   BUSINESS
   INFORMATION  AND  THE  LIKE)  ARISING  OUT  OF  THE  USE  OR  THE
   INABILITY  TO USE THIS PRODUCT EVEN IF EMTEC HAS BEEN ADVISED  OF
   THE POSSIBILITY OF SUCH DAMAGE.

   If  any  provision of this Agreement, including  the  breadth  or
   scope  of  such provision will be held by any court of  competent
   jurisdiction  to  be invalid or unenforceable,  in  whole  or  in
   part,  such  invalidity or unenforceability will not  affect  the
   validity  or enforceability of the remaining provisions  of  this
   Agreement  and such remaining provisions will remain  enforceable
   and  binding. Such invalid or unenforceable parts (especially  if
   invalid  or  unenforcable by German laws)  will  be  replaced  by
   corresponding  parts  or  regulations of  license  agreement  for
   German  users, which is outlined in LIZENZ.TXT or available  from
   EmTec.


                       LIMITATION OF REMEDIES

   REGARDLESS  OF  WHETHER ANY REMEDY SET FORTH  IN  THIS  AGREEMENT
   FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL EMTEC OR ANY  OF
   ITS  EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS BE LIABLE TO  YOU
   FOR  ANY  SPECIAL,  CONSEQUENTIAL, INDIRECT OR  SIMILAR  DAMAGES,
   INCLUDING  ANY LOST PROFITS OR LOST DATA ARISING OUT OF  THE  USE
   OR  INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED  THEREWITH
   EVEN  IF EMTEC OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY
   OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

   SOME  STATES  AND  PROVINCES  DO  NOT  ALLOW  THE  LIMITATION  OR
   EXCLUSION  OF  LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL  DAMAGES
   SO  THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
   CASE  WILL  EMTEC'S LIABILITY EXCEED THE PURCHASE PRICE  FOR  THE
   SOFTWARE.