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Night Owl 6-1
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Night Owl's Shareware - PDSI-006-1 - Night Owl Corp (1992).iso
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045a
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m28arc.exe
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LICENSE
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1991-12-10
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8KB
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201 lines
FORMAL LICENSE AGREEMENT
*****************************************************************
Please read this License carefully BEFORE using the software.
*****************************************************************
Any use of the Software, AT ALL, by the Company indicates that
the Company has agreed to be bound by this agreement. This
includes BOTH registered use, and use of the 'shareware' version
which is distributed via public and private bulletin board
services and shareware access services.
*****************************************************************
Details concerning the cost of registration can be found in the last
section of the user manual (MENU28.DOC)
NON-EXCLUSIVE END USER SOFTWARE LICENSE
FOR MOUNTAIN MENUS VERSION 2.8
THIS AGREEMENT IS BOUND TO VERSION 2.8 OF MOUNTAIN MENUS AND
SHALL BE CONSIDERED THE EFFECTIVE AGREEMENT FOR ALL RELEASES OF
THIS VERSION.
EFFECTIVE DATE: 04-AUGUST-1991
This Agreement is between "Any Key Software", P.O. Box 10443,
Corpus Christi, TEX. 78460-0443, hereinafter referred to as
"Vendor", and the "end user of this software", hereinafter
referred to as "Company". The agreement concerns the use of
"Mountain Menus version 2.8", hereinafter referred to as
"Software".
LICENSE TO USE VENDOR'S PROGRAM
Vendor, for the consideration named, hereby grants to Company
and its corporate affiliates, a non-exclusive license to use the
proprietary computer program called Mountain Menus Ver. 2.8
("Software") in accordance with all aspects of this license
agreement.
If company is evaluating the shareware version of the Software,
the Software should be registered within 60 days of beginning
it's use.
The Software may be licensed for use in one of three ways. A
license may be obtained for use on a SINGLE stand-alone PC. A
license may be obtained for EACH file server on a network.
Finally, a license may be obtained for unlimited use within your
company's physical environment.
The stand alone license allows the Software to be installed on
one SINGLE hard drive. This hard drive may be a network drive,
however, the stand alone version will NOT tolerate being
accessed by more than one PC at a time in a network environment.
If the license is for an individual, this individual may
install the program on more than one PC, IF and ONLY IF there is
NO chance that the program will be used in two locations
simultaneously.
The file server license allow the Software to be installed on
one SINGLE file server. This copy may be accessed by all PC's
attached to this file server, up to the file server's maximum
connection limit. The menu program's files must NOT be copied
to any local storage device and must NOT be installed on more
than one file server on a network without purchasing a license
for EACH file server.
The site license allows the Software to be installed on any
number of file servers and/or workstations. All of the
computers on which Mountain Menus is installed MUST be within
the company's physical property boundaries.
TITLE TO SOFTWARE
Title to the Software and all related material is with Any Key
Software. Except as expressly provided in this License, Company
may not use, copy, disseminate, modify, lend, sell, distribute,
sub-license, rent, lease, give or in any other way transfer, by
any means or in any medium, the licensed Software. Company
understands and agrees that the Software is the valuable
property of Any Key Software and is protected by the laws of
copyright, trade secret, and contract.
Company agrees to use its best efforts to prevent any and all
unauthorized persons from acquiring the Software, and will
exercise the same care and diligence to protect the Vendor's
proprietary property as it does to protect its own.
TERMS OF AGREEMENT
The term of this Agreement shall begin on the date at the
beginning of this agreement and shall continue in perpetuity
unless replaced by a new Agreement OR terminated upon failure of
Company to comply with any of the terms of this agreement.
This Agreement is FINAL. This means that there will be NO
refunds of money paid for registered use once the registered
version is mailed, UNLESS the package is returned within thirty
(30) days of registration, AND the seal on the diskette pouch is
unbroken AND the seal has not been tampered with.
The Vendor reserves the right to discontinue sale of this version
of the software without notice. As of the date of release of the
next version of the software, the Vendor WILL NOT be obligated to
continue supplying this version of the software for sale.
The Vendor reserves the right to refuse sale of this version of the
software to anyone, or any organization, or any corporate entity,
for any reason the Vendor sees fit.
The Vendor reserves the right to change the price of this version of
the software without notice.
The Vendor shall not publish any information about the Company's
use of the software or software documentation without prior
written approval of the Company, nor shall the Vendor use the
Company's name in any advertisement or promotion or other
solicitation for business without written approval from the
Company.
Company which Purchases an Agreement for 'unlimited' use of the
software (site license) will be furnished with the source code
for the program IF and ONLY IF Vendor can no longer provide
Maintenance to keep the program operational. This applies to
the source code for version 2.8 ONLY, not future releases.
Company AND Vendor must both agree to this release of source
code.
If source code is obtained by the above method, Company agrees
to use the source code for maintenance of the program used
internally by Company ONLY. Company must NEVER redistribute the
program, or any part of the program, in ANY form, for ANY
reason. Once the source code is released to Company, Vendor is
relieved of ALL maintenance responsibilities to Company for this
program.
LIMITATIONS OF LIABILITY
Vendor makes NO warranties with respect to the licensed program
or the 'shareware' version. The obligations of Vendor shall be:
To make a reasonable effort to fix any operations/execution
problems that are found by the Company which prevent the program
from performing the functions described in Vendor-supplied
documentation.
To make available to the Company, as a replacement to the
program initially supplied under this Agreement, any maintenance
upgrades which solve operational problems with the software
published by or on behalf of Vendor at no charge to Company.
The Vendor warrants that it is the legal owner of the software
described herein, and that it has the full right, title and
interest in said software; and that the software has been
developed by Vendor or that the Vendor currently has any and all
necessary authority to enter into this license agreement. The
Vendor shall defend, indemnify, and hold harmless the Company,
it's officers, agents, employees, assigns and successors in
interest from and against any and all liability or claims and
costs including attorney's fees arising from third party claims
regarding ownership of the software.
Company makes no warranties with respect to the distribution of
the software other than those covered elsewhere in this
Agreement. Vendor agrees that the Company shall not be liable
for any lost profits for the unauthorized use or distribution of
the program so long as the other terms of this Agreement are
complied to.
The foregoing warranties are in lieu of all other warranties
expressed or implied, including, but not limited to, the implied
warranties of merchantability and fitness for a particular
purpose. Company further agrees that Vendor shall not be liable
for any lost profits, or lost resources, or for any claim or
demand against Company by any other party, except as provided
herein. In no event shall Vendor be liable for ANY
consequential damages, even if Vendor has been advised of the
possibility of such damages.
LAWS GOVERNING
Regardless of the place of contracting, place of performance, or
otherwise, this Contract, and all amendments, modifications,
alterations, or supplements thereto, shall be governed by the
laws of the State of Texas, as to the nature, validity, and
interpretation thereof.