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license.txt
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1995-06-15
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5KB
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88 lines
ACLYPSE HYPERCYCLE SOFTWARE LICENSE AGREEMENT
This Software License Agreement (the "Agreement") is a legal
agreement between you, the software user, and Aclypse Corporation for use
of this Software ("HYPERCYCLES" and all related components). By continuing
the installation, copying, or execution of this software on your computer
system(s), you are agreeing to be bound by the terms of this Agreement.
1. Grant of License. Aclypse Corporation grants to you the right
to use this software, which is the shareware version of the "HYPERCYCLES"
software. For purposes of this section, "use" means loading the Software
onto and/or execution of this software on a computer system.
You can not sell, rent, lease, distribute for money, alter, translate,
disassemble, reverse engineer, or create derivative works based upon this
Software. You agree that the Software will not be shipped, transferred or
exported into any country in violation of the U.S. Export Administration Act
(or any other law governing such matters). and that you will not utilize, in
any other manner, the Software in violation of any applicable law.
2. All Commercial Use is Prohibited. You can not under any circumstances
be permitted to commercially exploit the Software.
You prohibited and can not sell, rent, lease, pay-per-play, charge for
distribution, or in any manner commercially exploit the Software for any
commercial purpose.
Aclypse Corporation reserves all rights.
Any individual, company, or entity which wishes for commercial, MUST
contact and receive expressed written permission for distribution for
money, or other considerations.
3. Electronic Distribution is Permitted. Aclypse Corporation grants to
you the right to distribute, royalty free and by electronic means only, the
Software; provided, however the Software is in original form.
4. Copyrights and Trademarks of this Software are owned by Aclypse
Corporation. This Software is protected by United States copyright laws and
international treaty provisions. You must treat the Software like any other
copyrighted material, except that you may make copies of the Software to give
to other persons. You may not charge or receive any consideration from any
other person for the receipt or use of the Software without receiving
prior written consent from Aclypse Corporation as specified in the VENDOR.TXT
file. You agree to use your best efforts to see that any user of this
Software licensed hereunder complies with this Agreement.
5. ACLYPSE CORPORATION DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY
FROM JURISDICTION TO JURISDICTION.
IN ANY CASE, ACLYPSE CORPORATION SHALL NOT BE LIABLE FOR LOSS OF DATA,
LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT
OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, NEGLIGENCE, OR OTHER
LEGAL THEORY EVEN IF ACLYPSE CORPORATION OR ITS AGENT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not apply
to you.
8. General Provisions. Neither this Agreement nor any part or portion
hereof shall be assigned or sublicensed, except as described herein. Should
any provision of this Agreement be held to be void, invalid, unenforceable or
illegal by a court, the validity and enforceability of the other provisions
shall not be affected thereby. If any provision is determined to be
unenforceable, you agree to a modification of such provision to provide for
enforcement of the provision's intent, to the extent permitted by applicable
law. Failure of a party to enforce any provision of this Agreement shall not
constitute or be construed as a waiver of such provision or of the right to
enforce such provision.
If you fail to comply with any terms of this Agreement, your license is
automatically terminated.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS
AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR
WRITTEN SEPARATE AGREEMENTS BETWEEN ACLYPSE CORPORATION AND YOU, THIS
AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND
LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL
AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS
FROM ACLYPSE CORPORATION.