Semtex for
OS/2
.software licence
agreement.
SOFTWARE LICENCE AGREEMENT
FOR
"Semtex for OS/2"
This Software Licence Agreement (hereinafter
referred to as "AGREEMENT") is a legal agreement
between you, and the authors of this Sortware:CHRISTIAN PICK and
ANDREAS PATAKI (hereinafter referred to as "AUTHORS")
for the computer program entitled "Semtex for OS/2"
Standard/Shareware Version including any enclosed documentation
and/or accompanying items (hereinafter referred to as
"SOFTWARE"). This AGREEMENT states the terms and
conditions upon which AUTHORS offers to licence the SOFTWARE.
This agreement is binding upon you as well as
anyone taking any action with regard to your copy of the SOFTWARE
at your direction or not. This applies to any third party as
well.
You should carefully read the following
terms and conditions before using this SOFTWARE. Unless you have
a different licence AGREEMENT signed by AUTHORS your use of this
SOFTWARE indicates your acceptance of this licence AGREEMENT and
warranty.
By continuing the installation of this
SOFTWARE, running or copying it to a computer, you agree to be
bound by the terms and conditions of this AGREEMENT.
TERMS AND CONDITIONS
- LICENCE. The SOFTWARE
is licensed, not sold. Subject to the terms and
conditions of this AGREEMENT, AUTHORS grants you (a
person) the limited right to use one (1) copy of the
enclosed SOFTWARE on any single computer. Solely for your
own back-up purposes, you may make one (1) copy of the
SOFTWARE in the same form as provided to you. You may not
copy any of the printed material (if any) for any reason.
You have no ownership or proprietary rights in or to the
SOFTWARE. You agree that the SOFTWARE will not be used,
in any manner, in violation of any applicable law.
- COPYRIGHT. The
SOFTWARE is owned and copyrighted by AUTHORS and is
protected by German copyright laws, other copyright laws
and international treaties. AUTHORS reserves all the
rights regarding the SOFTWARE. AUTHORS authorises usage
of the SOFTWARE only in accordance with the terms and
conditions stated in this AGREEMENT. You may not remove
any copyright or proprietary notices from the SOFTWARE.
- GENERAL USAGE. The SOFTWARE
is for your personal use ONLY on your home
computer. Business, office or commercial use is strictly
prohibited. Neither you, anyone at your direction, nor
any third party, shall take the following actions with
regard to the SOFTWARE, or any portion thereof to modify,
change, decompile, recompile, disassemble, reverse
engineer, adapt, create derivative works, translate or
reproduce the SOFTWARE. In any event, you will notify
AUTHORS of any information derived from reverse
engineering or such activities and the results thereof
will constitute confidential information of AUTHORS which
may be used only in connection with the SOFTWARE. If you
seek interface information you should initially approach
AUTHORS.
- COMMERCIAL USAGE. Any
commercial use is prohibited. Under no circumstances
shall you, the end-user, be permitted, allowed or
authorised to commercially exploit the SOFTWARE, or any
portion thereof. Neither you, anyone at your direction
nor any third party shall take the following actions with
regard to the SOFTWARE, or any portion thereof to: sell,
rent, lend, lease, commercially exploit or use the
SOFTWARE for any commercial purpose.
- DISTRIBUTION. Refer
to the "Shareware
Version Distribution Licence"
document if you want to distribute the SOFTWARE. In
addition are also bound by the terms and conditions of
this AGREEMENT.
- UPDATES. AUTHORS
reserves the right to update the contents of the SOFTWARE
and its associated files, documentation and/or other
elements, at its discretion from time to time, without
the consent of or any obligation to, any licensed users
or distributors.
- NO WARRANTY. THE SOFTWARE IS
PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE
WITH RESPECT TO THE SOFTWARE ARE MADE AS TO IT OR ANY
MEDIUM IT MAY BE ON. AUTHORS DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR MEET ANY
REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF
ALL OTHER WARRANTIES WHETHER ORAL OR WRITTEN. NO ONE BUT
AUTHORS IS AUTHORISED TO MAKE MODIFICATIONS OR ADDITIONS
TO THIS WARRANTY.
- REMEDIES. AUTHORS
WILL NOT BE LIABLE AND WILL PROVIDE NO REMEDY FOR LOST
DATA, LOST SAVINGS, LOST PROFITS, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, INDIRECT OR ANY OTHER DAMAGES
ARISING FROM NEGLIGENCE, STRICT LIABILITY, BREACH OF
WARRANTY, BREACH OF CONTACT, EVEN AFTER NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER
PARTY.
- TRANSFER. Nether this
AGREEMENT nor any part or portion of it shall be assigned
or sublicensed, except as described herein.
- TERM. This licence
and your right to use the SOFTWARE terminates
automatically if you violate any part of this AGREEMENT
without notice from AUTHORS. You can also terminate this
licence at any time. You agree upon termination to
destroy all copies of the SOFTWARE immediately. Upon
termination AUTHORS may also enforce any rights provided
by law.
- INDEMNIFICATION. You hereby
agree to indemnify, hold harmless and defend AUTHORS, his
family, relatives, licensees, sub-licensees, distributors
and lawyers against any and all damages, losses, claims,
courses of action, lawsuits, liabilities, judgements and
all expenses arising from, resulting to, or in connection
with a breach of this AGREEMENT by you and arising from,
relating to, or in connection with your use or non-use of
the SOFTWARE.
- RESTRICTED RIGHTS. The
SOFTWARE and any related documentation is provided with
restricted and limited rights. Use, duplication and
disclosure by U.S. Government is subject to restrictions
as set forth in the subdivision (b)(3)(ii) of the Rights
in Technical Data and Computer Software Clause at
252.227-7013. If you are using this software outside the
U.S. you agree to be bound by the applicable law in your
country.
- EDUCATIONAL PURPOSES.
It is strictly forbidden to use the SOFTWARE or parts of
it for educational purposes. This applies especially to
the registration keys, the knowlegde about the file
format of or generator software for the registration key.
- SURVIVAL.
- Should any provision of this
AGREEMENT be held to be void, invalid,
unenforceable or illegal by a court, the validity
and enforceability of the other provisions shall
not be affected thereby. If any provision is
determined to be unenforceable, you agree to a
modification of such provision to provide for
enforcement of the provision's intent, to the
extent permitted by applicable law. Failure of a
party to enforce any provision of this AGREEMENT
shall not constitute or be construed as a waiver
of such provision or the right to enforce the
provision.
- The following provisions shall
survive the expiration or early termination of
this AGREEMENT: paragraphs 2., 3., 4. and 11.
- ENTIRE AGREEMENT. This
AGREEMENT constitutes the entire AGREEMENT between you,
and AUTHORS and supersedes any prior written or oral
agreement concerning the SOFTWARE. AUTHORS is not bound
by any action, statements, or any provisions made by
anyone else. No modification or change in this AGREEMENT
shall be valid or binding upon AUTHORS unless in writing.
- APPLICABLE LAW. This
AGREEMENT shall be governed by the laws of Germany. You
agree to jurisdiction and venue in the courts located in
Karlsruhe, Germany for all claims, disputes and
litigation arising under or related to this AGREEMENT.
The export of this product is governed by German export
regulations.
BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT
YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE
BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU ALSO AGREE
THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL
PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER
COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER
OF THIS AGREEMENT.
If you do not agree with the terms and
conditions of this AGREEMENT or do not understand any of them you
should un-install and destroy your copy of the SOFTWARE
immediately.
(c) 1998 Phobyx Creative Labs