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LICENSE.TXT
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1997-05-13
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Helix Software Company, Inc., Nuts & Bolts ZipManager License Agreement
Note to United States Government Users - documentation and programs
related to restricted rights. Use, duplication and disclosure is
subject to restrictions. Contractors: Helix Software and/or licensors.
BY USING THE ENCLOSED SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS YOU MAY
RETURN THIS PACKAGE (INCLUDING ALL ACCOMPANYING ITEMS) TO THE PLACE
YOU OBTAINED IT FOR A REFUND.
The Nuts & Bolts ZipManager program (hereafter "Program") provided
under this License Agreement is copyrighted and is licensed, not sold.
Helix Software Company, Inc. (hereafter "Helix") grants you a license
for the Program only in the country where you acquired the Program.
You obtain no rights other than those specifically granted to you
under this license. The term "Program" means the original and all
whole or partial copies of it, including modified copies or portions
merged into other programs. Helix, or its licensor, retains title to
the Program. The Program provided under this Agreement may contain or
be derived from portions of material provided by a third party under
license to Helix. Helix has assumed the responsibility for selection
of such materials and their use in the Program licensed hereunder.
Nevertheless, you, and neither Helix nor its licensor(s), are
responsible for the selection of the Program for your purposes, and
for the installation of, use of, and results obtained from, the
Program.
License
Under this license, you may: use the Program only on one machine; copy
the Program for backup; and transfer possession of the Program to
another party. If you transfer the Program, you must transfer a copy
of this license, all other documentation and at least one complete,
unaltered copy of the Program to the other party. You must, at the
same time, either transfer all your other copies of the Program to the
other party or destroy them. Your license is then terminated. The
other party agrees to these terms and conditions by its first use of
the Program. You must reproduce the copyright notice(s) on each copy,
or partial copy, of the Program. You may not: use, copy, modify,
merge, or transfer copies of the Program except as provided in this
license; You may not: reverse assemble, reverse engineer or reverse
compile the Program;You may not: sublicense, rent, lease, or assign
the Program.
Limited Warranty, Media
Helix Warrants that for a period of ninety (90) days after delivery to
the original user, as evidenced by a receipt, the Program shall
conform substantially to the specifications as set forth in the
documentation relating thereto, and both Helix and all of its
licensor(s) expressly disclaim, all other warranties, express or
implied, including, but not limited to, the implied warranties of
merchantability and/or fitness for a particular purpose. Helix's sole
responsibility shall be, at Helix's sole option, to: (i) modify or
replace the Program so that the Program, as modified or replaced,
conforms substantially to the specifications; or (ii) to refund the
original purchase price, as evidence d by a receipt.
Limitation of Remedies
Helix shall have no other liability with regard to the Program. Helix
will not be liable for any damages whatsoever whether in contract or
in tort, including but not limited to lost profits, lost savings, lost
data, or any direct, indirect or incidental damages or other economic
consequential damages, or for any claim or demand against you by any
other party, even if Helix, or its authorized supplier, has been
advised of the possibility of such damages. The limitation of remedies
described in this Section also apply to any third-party supplier of
materials to Helix. The limitations of liabilities of Helix and its
third-party supplier(s) are not cumulative. Each such third-party
supplier(s) is (are) an intended beneficiary of this Section.
General
You may terminate your license at any time. Helix may terminate your
license if you fail to comply with the terms and conditions of this
license. In either event, you must destroy all your copies of the
Program. This license is governed by the laws of the State of New
York, without reference to the choice of law provisions of New York
law.
Acknowledgment
You acknowledge that you have read this agreement, understand it, and
agree to be bound by its terms and conditions. You also agree that
this agreement is the only agreement between you and Helix and cannot
be modified by any purchase orders, advertising or other
representations by anyone, unless a written amendment has been signed
by an officer of Helix.
Please click on "I Agree" below if you accept the terms and conditions
of this agreement.