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- 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 Communications Software program version 3.xx
- (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.
-