Software Club 1/Club Software (Micro Star) (1996).iso/tbw95651/license.do_/license.do

Text File | 1995-11-14 | 18KB | 345 lines

LICENSE AGREEMENT

Subject to the licenses expressly granted below, you obtain no
rights, title or other interests in or to the enclosed
software or related documentation, including any copyright,
patent, trade secret, trademark or other proprietary rights
therein. All copies of the enclosed software, in whole, or in
part remain the intellectual property of ThunderBYTE B.V.

THIS LICENSE AGREEMENT (the "Agreement") is hereby entered
into between ESaSS B.V., P.O. Box 1380, 6501 BJ Nijmegen, The
Netherlands, and TCT ThunderBYTE Corporation, 49 Main Street,
Suite 300, Massena, NY 13662 (the "Licensor") and the party
executing this Agreement ("You") on the following terms and
conditions:

1.   Licensed Program.  This is a license agreement between
You and Licensor with respect to ThunderBYTE Anti-Virus
utilities ("TBAV"), the accompanying  Documentation and any
fixes, releases, upgrades, new versions or enhancements  that
may subsequently be issued to You (the "Licensed Program").

2.   Certain Preliminary Uses.  The Licensed Program is
distributed to You on self-installing media described in the
Documentation. Your receipt of any dual media, such as 3.5 and
5.25 inch diskettes and/or CD-ROM, does not enlarge Your
license rights or permit You to make an extra copy available
to an unlicensed third party. You will need to install the
Licensed Program on properly configured and compatible
computer equipment according to the Documentation. You will
also need to ensure that all required data is in proper format
and no other software or equipment having an adverse impact on
the Licensed Program are present.

It is understood that NO virus detection and elimination
software will identify and eliminate every possible virus
which may infect Your computer and/or software.  When
installing this program You should ensure You take precautions
to protect valuable data and programs from infection. ESaSS
B.V., and TCT ThunderBYTE Corporation accepts no
responsibility in case the program  malfunctions or does not
function at all. Your sole recourse would be for  the return
of the license fee that was paid for using this software.

3.   Licensed Operating Environment.

     (a)  Operating Environment.  Once You sign this
Agreement, have completed activities described in Section 2
("Certain Preliminary Uses") and provided You pay the
applicable License Fees described or referenced in Section 7
("Price & Payment") when due, You will be deemed to be granted
one (1) non-exclusive operations license(s) for the Licensed
Program, in each  case to install, store, load, execute and
display (collectively, "Use") the Licensed Program on one (1)
CPU of the class described in the Documentation (the "Licensed
Operating Environment"). The Licensed Program is provided only
in machine-readable object code form. The licensed CPU need
not be registered by serial number with Licensor.

4.   Permitted Uses.  Your Authorized Operators may Use the
Licensed Program in the Licensed Operating Environment
strictly for Your internal operations and to process Your own
data.

5.   Reservation of Rights.

     (a)  Rights to Licensed Program.  Upon signing this
Agreement and provided You pay the applicable License Fees
when due, You will own the diskettes or other physical media
on which the Licensed Program is recorded. You will not,
however, own any of the intellectual property rights in the
Licensed Program, or its documentation, whether written,
electronic or otherwise, which at all times will remain the
exclusive property of Licensor or other owner identified in
the Documentation. Instead, You obtain a limited license to
Use the Licensed Program in object code form. You agree not to
disassemble, decompile or reverse engineer the Licensed
Program. You also agree that any information obtained in
violation of this restriction will be confidential information
automatically and irrevocably deemed assigned to and owned
exclusively by the owner of the Licensed Program. You will at
all times use due diligence to safeguard and protect all such
confidential and proprietary information pertaining to the
Licensed Program. You will ensure that all marks, notices or
legends pertaining to the origin, identity or ownership of the
Licensed Program remain intact and clearly legible.

     (b)  All Other Rights Reserved.  Except as expressly
granted to You under another provision of this Agreement,
Licensor reserves to itself and prohibits You (directly or
indirectly, in whole or in part) from loaning, renting,
leasing, sublicensing or otherwise distributing or operating
the Licensed Program to or for the benefit of any third party,
and from altering, adapting, translating or preparing any
derivative work of the Licensed Program. The foregoing
limitation does not prohibit You from making a copy of the
Licensed Program for archival purposes or as an essential step
in making Permitted Uses of the Licensed Program in the
Licensed Operating Environment.

6.   Product Support.  You may receive the following Product
Support for so long as Licensor generally offers to the public
Hotline Service and Updates for the Licensed Program. Such
service may be revised and or withdrawn at any point at the
sole discretion of the Licensor without any notice to You.

     (a)  Hotline Service.  You may obtain assistance for
error correction and advice on the use and operation of the
most current version of the Licensed Program You are
authorized to use, through the Licensor's telephone hotline
service operated during Licensor's published business hours.
The Hotline Service is provided at no additional charge, other
than the toll which may be incurred for the telephone call.
You will need to provide sufficient information for Licensor
to replicate and diagnose the reported problem. If
appropriate, Licensor shall be provided reasonable access to
the Licensed Program via remote dial-in contact, subject to
Your approval and normal security requirements. There is
absolutely no guarantee, expressed or implied, in terms of the
response or length of time that You may be required to wait
on-hold for a technician.

     (b)  Updates. You may obtain copies of each revision or
"Update" to the Licensed Program and associated Documentation
which Licensor generally distributes to the public from time
to time, at the then current prices as announced by Licensor.
The Licensor's designation of an item as a new version or an
enhancement rather than an Update shall be conclusive
erroneous. You agree to install all Updates promptly, since
the Licensor will only provide Product Support for the most
recent version of the Licensed Program, incorporating all
prior Updates.

     (c)  Certain Conditions.  Licensor shall not be obligated
to provide Product Support if: (i) the reported error was
caused by unauthorized changes in Licensed Program source
code, program parameters or other user adjustable features;
(ii) the error results from operator error, errors in data or
software not supplied by Licensor or use that exceeds the
Permitted Use or is not in accordance with the Documentation,
or (iii) the error is in a prior release that was corrected
through issuance of an Update that You have not yet installed,
or (iv) You breach this license agreement in any way.

     (d) After Hours Support and On-Site Service.  Licensor
shall not be obligated to provide Product Support after-hours,
on non-business days or on-site.  You may elect to make
contractual arrangements for such additional services by
specific written agreement between Yourself and the Licensor
at rates and conditions which have been agreed to in writing
by both parties.

7.   Price & Payment.

     (a)  Price.  You agree to pay Licensor a License Fee in
the amount stated on Licensor's invoice. The License Fee is
determined according to the method stated on the invoice. If
the License Fee is based on usage, then You will maintain any
necessary usage records for calculating fees according to the
Documentation. Any applicable Pr