129 lines
6.8 KiB
Text
129 lines
6.8 KiB
Text
SOFTWARE LICENSE AND WARRANTY
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The software which accompanies this license (the "Software") is the
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property of SoftMaker Software GmbH ("SoftMaker") or its licensors and
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is protected by copyright law. While SoftMaker continues to own the
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Software, you will have certain rights to use the Software after your
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acceptance of the license. Except as may be modified by a license
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addendum which accompanies this license, your rights and obligations
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are as follows:
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SoftMaker Software Evaluation Copy (the "Evaluation Software")
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License Agreement
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By using, copying, transmitting, distributing or installing the
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Evaluation Software, you agree to all of the terms of this License. If
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you do not agree to any of the terms of this License, then do not use,
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copy, transmit, distribute, or install the Evaluation Software.
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This is not free software. Subject to the terms below, you are hereby
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licensed by SoftMaker to use this software for evaluation purposes
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without charge for a period of 30 days. If you use this software after
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the 30 day evaluation period you must purchase the software. Payments
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must be in Euros or US Dollars, and should be sent to SoftMaker
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Software GmbH, Kronacher Straße 7, 90427 Nürnberg, Germany. See the
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SoftMaker web site at http://www.softmaker.com for information about
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online ordering.
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Unregistered use of the Evaluation Software after the 30-day
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evaluation period is in violation of U.S., German, and international
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copyright laws.
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You may, without making any payment to SoftMaker:
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a) give exact copies of this version of the Evaluation Software
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personally to anyone, except for the purpose of extending their 30-day
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evaluation period;
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b) distribute exact copies of this version of the Evaluation Software,
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if done exclusively through electronic channels; and
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c) make as many exact copies of this evaluation version of the
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Evaluation Software as you wish, for purposes of distribution as
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described in (a) and (b) above.
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You are specifically prohibited from charging, or requesting
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donations, for any copies, however made, and from distributing such
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copies with other products of any kind, commercial or otherwise,
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without prior written permission from SoftMaker. SoftMaker reserves
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the right to revoke the above distribution rights at any time, for any
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reason or for no reason.
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This software, and all accompanying files, data and materials, are
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distributed "AS IS" and with no warranties of any kind, whether
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express or implied. In particular, there is no warranty that the
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software is or will be free from defects. Good data processing
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procedure dictates that any program be thoroughly tested with
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non-critical data before relying on it. The user must assume the
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entire risk of using the program. This disclaimer of warranty
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constitutes an essential part of the agreement. In no event shall
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SoftMaker, or its principals, shareholders, officers, employees,
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affiliates, dealers, suppliers, contractors, subsidiaries, or parent
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organizations, be liable for any incidental, consequential, or
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punitive damages whatsoever relating to the use of the Evaluation
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Software, or your relationship with SoftMaker, even if we have been
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advised of the possibility of such damages, or they are
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foreseeable. Our maximum aggregate liability to you and that of our
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principals, shareholders, officers, employees, affiliates, dealers,
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suppliers, contractors, subsidiaries, or parent organizations, shall
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not exceed the amount paid by you for the Software. The limitations in
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this section shall apply whether or not the alleged breach or default
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is a breach of a fundamental condition or term or a fundamental
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breach. Some states or countries do not allow the exclusion or
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limitation of liability for consequential or incidental damages, so
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the above limitation may not apply to you.
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In addition, in no event does SoftMaker authorize you to use the
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Evaluation Software in applications or systems where the Evaluation
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Software's failure to perform can reasonably be expected to result in
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a significant physical injury, or in loss of life. Any such use by you
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is entirely at your own risk, and you agree to hold SoftMaker harmless
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from any claims or losses relating to such unauthorized use.
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This Agreement is the complete statement of the Agreement between the
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parties on the subject matter, and merges and supersedes all other or
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prior understandings, purchase orders, agreements and
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arrangements. This Agreement shall be governed by and construed in
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accordance with the laws of the Federal Republic of Germany. Exclusive
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jurisdiction and venue for all matters relating to this Agreement
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shall be in courts located in the City of Nürnberg, Germany, and you
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consent to such jurisdiction and venue, thereby excluding the United
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Nations Convention on Contracts for the International Sale of Goods
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and any legislation implementing such Convention, if otherwise
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applicable.
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If any provision of this Agreement is declared by a Court of competent
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jurisdiction to be invalid, illegal, or unenforceable, such a
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provision shall be severed from the Agreement and the other provisions
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shall remain in full force and effect.
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All rights of any kind in the Software which are not expressly granted
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in this License are entirely and exclusively reserved to and by
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SoftMaker. You may not rent, lease, modify, translate, reverse
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engineer, decompile, disassemble or create derivative works based on
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the Software. You may not make access to the Software available to
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others in connection with a service bureau, application service
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provider, or similar business. There are no third party beneficiaries
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of any promises, obligations or representations made by SoftMaker
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herein.
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U.S. GOVERNMENT RIGHTS: With respect to any acquisition of the
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Software by or for any unit or agency of the United States Government
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(the "Government"), the Software shall be classified as "commercial
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computer software", as that term is defined in the applicable
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provisions of the Federal Acquisition Regulation (the "FAR") and
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supplements thereto, including the Department of Defense (DoD) FAR
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Supplement (the "DFARS"). The Software was developed entirely at
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private expense, and no part of the Software was first produced in the
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performance of a Government contract. If the Software is supplied for
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use by DoD, the Software is delivered subject to the terms of this
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Agreement and either (i) in accordance with DFARS 227.7202-1(a) and
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227.7202-3(a), or (ii) with restricted rights in accordance with DFARS
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252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Software is
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supplied for use by a Federal agency other than DoD, the Software is
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restricted computer software delivered subject to the terms of this
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Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR
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52.227-14(ALT III), as applicable. The manufacturer is SoftMaker
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Software GmbH, Kronacher Straße 7, 90427 Nürnberg, Germany.
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© 1987-2005 by SoftMaker Software GmbH. All rights reserved.
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