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