5 A Day Adventures/5aDayDole.iso/SUPPORT/LICENSE.TXT

Text File | 1995-02-27 | 9KB | 154 lines

EXHIBIT B:  SOFTWARE LICENSE

PLEASE  READ  THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE.  BY
USING  THE  SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE  TERMS  OF
THIS  LICENSE.   IF YOU DO NOT AGREE TO THE TERMS OF THIS  LICENSE,
PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED
IT AND YOUR MONEY WILL BE REFUNDED.

1.  License.   The  application, demonstration,  system  and  other
software  accompanying this License, whether on disk, in read  only
memory,  or  on  any  other  media  (the  "Software")  the  related
documentation  and fonts are licensed to you by Dole Food  Company,
Inc.   You  own  the  disk  on which the  Software  and  fonts  are
recorded,  but  Dole Food Company, Inc. and/or Dole Food  Company's
Licensors  retain title to the Software, related documentation  and
fonts.  This License allows you to use the Software and fonts on  a
single  Apple computer and make one copy of the Software and  fonts
in  machine-readable  form  for backup  purposes  only.   You  must
reproduce on such copy the Dole Food Company, Inc. copyright notice
and any other proprietary legends that were on the original copy of
the  Software  and fonts.  You may also transfer all  your  license
rights  in the Software and fonts, the backup copy of the  Software
and fonts, the related documentation and a copy of this License  to
another party, provided the other party reads and agrees to  accept
the terms and conditions of this License.

2. Restrictions.  The Software contains copyrighted material, trade
secrets and other proprietary material.  In order to protect  them,
and  except  as permitted by applicable legislation,  you  may  not
decompile,  reverse engineer, disassemble or otherwise  reduce  the
Software to a human-perceivable form.  You may not modify, network,
rent, lease, loan, distribute or create derivative works based upon
the  Software  in  whole  or in part.  You may  not  electronically
transmit  the  Software from one computer  to  another  or  over  a
network.

3.  Termination.  This License is effective until termination.  You
may  terminate this License at any time by destroying the Software,
related  documentation  and fonts and  all  copies  thereof.   This
License  will terminate immediately without notice from  Dole  Food
Company,  Inc.  if  you fail to comply with any provision  of  this
License.   Upon termination you must destroy the Software,  related
documentation and fonts and all copies thereof.

4.   Export Law Assurances.  You agree and certify that neither the
Software,  nor  any other technical data received  from  Dole  Food
Company,  Inc.,  nor the direct product thereof, will  be  exported
outside the United States except as authorized and as permitted  by
the laws and regulations of the United States.  If the Software has
been  rightfully obtained by you outside of the United States,  you
agree  that  you  will not re-export the Software,  nor  any  other
technical  data  received from Dole Food  Company,  Inc.,  nor  the
direct  product  thereof,  except as  permitted  by  the  laws  and
regulations  of  the United States and the laws and regulations  of
the jurisdiction in which you obtained the Software.

5.   Government End Users.  If you are acquiring the  Software  and
fonts  on  behalf  of  any  unit or agency  of  the  United  States
Government, the following provisions apply.  The Government agrees:
(i)  if  the  Software and fonts are supplied to the Department  of
Defense (DoD), the Software and fonts are classified as "Commercial
Computer Software" and the Government is acquiring only "restricted
rights"  in the Software, its documentation and fonts as that  term
is  defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii)  if
the  Software and fonts are supplied to any unit or agency  of  the
United States Government other than DoD, the Government's rights in
the  Software,  its documentation and fonts will be as  defined  in
Clause  52.227-19(c)(2) of the FAR or, in  the  case  of  NASA,  in
Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

6.   Limited  Warranty on Media.  Dole Food Company, Inc.  warrants
the  diskettes and/or compact disc on which the Software and  fonts
are  recorded to be free from defects in materials and  workmanship
under normal use for a period of ninety (90) days from the date  of
purchase as evidenced by a copy of the receipt.  Dole Food Company,
Inc.'s   entire  liability  and  your  exclusive  remedy  will   be
replacement  of the diskettes and/or compact disc not meeting  Dole
Food  Company, Inc.'s limited warranty and which returned  to  Dole
Food  Company,  Inc.  or  a  Dole  Food  Company,  Inc.  authorized
representative with a copy of the receipt.  Dole Food Company, Inc.
will  have  no  responsibility to replace a  disk/disc  damaged  by
accident, abuse, or misapplication.  ANY IMPLIED WARRANTIES ON  THE
DISKETTES AND/OR COMPACT DISC, INCLUDING THE IMPLIED WARRANTIES  OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,  ARE  LIMITED
IN  DURATION  TO  NINETY (90) DAYS FROM THE DATE OF DELIVERY.  THIS
WARRANTY  GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU  MAY  ALSO  HAVE
OTHER RIGHTS WHICH VARY BY JURISDICTION.

7.  Disclaimer  of  Warranty  on  Apple  Software.   You  expressly
acknowledge and agree that use of the Software and fonts is at your
sole  risk.   The  Software, related documentation  and  fonts  are
provided  "AS  IS" and without warranty of any kind and  Dole  Food
Company,  Inc.  and  Dole Food Company, Inc.'s Licensors  (for  the
purposes  of provisions 7 and 8, Dole Food Company, Inc.  and  Dole
Food  Company, Inc.'s shall be collectively referred  to  as  "Dole
Food Company, Inc.") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS  OR
IMPLIED,  INCLUDING, BUT NOT LIMITED TO THE IMPLIED  WARRANTIES  OF
MERCHANTABILITY  AND FITNESS FOR A PARTICULAR PURPOSE.   DOLE  FOOD
COMPANY, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN  THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF  THE
SOFTWARE WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS IN THE
SOFTWARE  AND THE FONTS WILL BE CORRECTED.  FURTHERMORE, DOLE  FOOD
COMPANY INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE  USE  OR  THE RESULTS OF THE USE OF THE SOFTWARE AND  FONTS  OR
RELATED  DOCUMENTATION  IN  TERMS OF THEIR  CORRECTNESS,  ACCURACY,
RELIABILITY,  OR  OTHERWISE.  NO ORAL  OR  WRITTEN  INFORMATION  OR
ADVICE  GIVEN  BY DOLE FOOD COMPANY, INC. OR A DOLE  FOOD  COMPANY,
INC.  AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR  IN  ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD THE SOFTWARE PROVE
DEFECTIVE,  YOU  (AND NOT DOLE FOOD COMPANY, INC. OR  A  DOLE  FOOD
COMPANY, INC. AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST  OF
ALL  NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS
DO  NOT  ALLOW  THE EXCLUSION OF IMPLIED WARRANTIES, SO  THE  ABOVE
EXCLUSION MAY NOT APPLY TO YOU.

8.  Limitation  of  Liability.  UNDER  NO  CIRCUMSTANCES  INCLUDING
NEGLIGENCE,  SHALL  DOLE  FOOD COMPANY,  INC.  BE  LIABLE  FOR  ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT  FROM  THE
USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN
IF  DOLE FOOD COMPANY, INC. OR A DOLE FOOD COMPANY, INC. AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME  JURISDICTIONS  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  event  shall
Dole  Food Company, Inc.'s total liability to you for all  damages,
losses,  and causes of action (whether in contract, tort (including
negligence)  or otherwise) exceed the amount paid by  you  for  the
Software and fonts.

9.  Controlling  Law  and  Severability.   This  License  shall  be
governed by and construed in accordance with the laws of the United
States  and  the  State  of California, as  applied  to  agreements
entered into and to be performed entirely within California between
California  residents.   If for any reason  a  court  of  competent
jurisdiction  finds  any  provision  of  the  License,  or  portion
thereof,  to be unenforceable, that provision of the License  shall
be  enforced to the maximum extent permissible so as to effect  the
intent  of  the  parties, and the remainder of this  License  shall
continue in full force and effect.

10.  Complete  Agreement.   This  License  constitutes  the  entire
agreement  between  the parties with respect  to  the  use  of  the
Software,  the related documentation and fonts, and supersedes  all
prior  or contemporaneous understandings or agreements, written  or
oral,   regarding  such  subject  matter.   No  amendment   to   or
modification of this License will be binding unless in writing  and
signed  by  a duly authorized representative of Dole Food  Company,
Inc.



5 A Day Adventures:  Software License