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1995-05-18
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107 lines
TICKER TAPE USER LICENSE
NOTICE TO USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. YOU
MUST PROMPTLY REGISTER YOUR USE OF THE SOFTWARE PROVIDED WITH THIS
AGREEMENT (THE "SOFTWARE") BY COMPLETING AND FORWARDING TO HOWARD M.
BERLIN, LTD. THE PRINTED COPY OF THE REGISTER.DOC FILE CONTAINED IN
THE SOFTWARE.
1. LICENSE GRANT. Howard M. Berlin, Ltd. grants to you a non-
exclusive right to use one copy of TICKER TAPE for use on your
computer. This license to use TICKER TAPE is conditioned upon your
compliance with the terms of this Agreement. You are entitled to
evaluate TICKER TAPE on a royalty free basis for thirty (30) days. Use
after the thirty (30) day evaluation period is further conditioned
upon payment of the $5.00 ($US) license fee specified in this
REGISTER.DOC file.
2. COPYRIGHT. TICKER TAPE is protected by United States
copyright law and international treaty provisions. You acknowledge
that no title to the intellectual property in TICKER TAPE is
transferred to you. You further acknowledge that title and full
ownership rights to TICKER TAPE will remain the exclusive property of
Howard M. Berlin, Ltd., and you will not acquire any rights to the
TICKER TAPE except as expressly set forth in this license.
3. REVERSE ENGINEERING. You agree that you will not attempt to
reverse compile, modify, translate, or disassemble TICKER TAPE in
whole or in part.
4. LIMITED WARRANTY. Howard M. Berlin, Ltd. warrants that the
registered version of TICKER TAPE will perform substantially in
accordance with the accompanying written materials for a period of
ninety (90) days from the date of purchase. Any implied warranties
relating to TICKER TAPE are limited to ninety (90) days.
5. CUSTOMER REMEDIES. If TICKER TAPE does not conform to the
limited warranty in Section 4 above ("Limited Warranty"), Howard M.
Berlin, Ltd's entire liability and your sole and exclusive remedy
shall be, Howard M. Berlin, Ltd's option, either to (a) correct the
error or (b) help you work around or avoid the error. The Limited
Warranty is void if failure of TICKER TAPE has resulted from accident,
abuse, or misapplication. Any replacement copy will be warranted for
the remainder of the original Limited Warranty period.
6. NO OTHER WARRANTIES. HOWARD M. BERLIN, LTD. DOES NOT WARRANT
THAT THE SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS LIMITED
WARRANTY IN SECTION 4 ("LIMITED WARRANTY"), HOWARD M. BERLIN, LTD.
DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
7. SEVERABILITY. In the event of invalidity of any provision of
this license, the parties agree that such invalidity shall not affect
the validity of the remaining portions of this license.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
HOWARD M. BERLIN, LTD. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF
THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF HOWARD M.
BERLIN, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL HOWARD M. BERLIN, LTD'S LIABILITY FOR ANY CLAIM, WHETHER
IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE $5.00
LICENSE FEE PAID BY YOU, IF ANY.
9. GOVERNING LAW. This license will be governed by the laws of
the State of Delaware as they are applied to agreements between
Delaware residents entered into and to be performed entirely within
Delaware. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
10. ENTIRE AGREEMENT. This is the entire agreement between you
and Howard M. Berlin, Ltd. which supersedes any prior agreement or
understanding, whether written or oral, relating to the subject
matter of this license.
_________________________________________________________________
TICKER TAPE REGISTRATION FORM
Use the form below to register TICKER TAPE for use on a single
computer. Send completed registration form with $5.00 ($US) to:
Howard M. Berlin, Ltd.
PO Box 9431
Wilmington, DE 19809
USA
MAILING ADDRESS:
Name:____________________________________________________________
Address:_________________________________________________________
City/State/Province:_____________________________________________
Country/Postal Code:_____________________________________________
E-mail address:__________________________________________________