Legal stuff to feed the lawyers...
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3D Starchart 1.0.1
Copyright © 1997, Joe Kloss
Joe Kloss
13700 Alton Parkway, Ste. 154
Irvine, California 92718
KlossSoft@kagi.com
axly@deltanet.com
http://www.deltanet.com/users/axly/
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Software Licensing Agreement
1. Introduction
This is an Agreement between Joe Kloss and a user of 3D Starchart under
which Joe Kloss is licensing software on a non-exclusive basis under the
conditions stated below.
2. Definitions
-"Agreement" shall mean this Agreement between Joe Kloss and the user of
3D Starchart.
-"user" shall mean (a) anyone who is using 3D Starchart for the purpose of
evaluation or (b) a customer who has registered 3D Starchart.
-"Program" shall mean the machine-readable object code of 3D Starchart
3. Grant of License
Joe Kloss hereby grants you a non-exclusive license to use 3D Starchart
if (a) your use of the 3D Starchart is for the purpose of
evaluating whether to purchase an ongoing license to use the Software
or (b) you are a registered user of 3D Starchart. Whereas if you are
using the software for evaluation you are only permitted to be annoyed by the
annoying Register Me Hollywood Computer Banner Thingy.
Registered users are entitled to free minor updates to the Software and
discounts on major upgrades.
You may only use each registered copy of 3D Starchart on one computer at a time.
You may not: modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit
such restriction), or create derivative works based on the Software; rent,
lease, transfer or otherwise transfer rights to the Software; or remove any
proprietary notices or labels on the Software.
5. Ownership of Software
Title, ownership rights, and intellectual property rights in and to the
Software belong to Joe Kloss. The Software is protected by the copyright laws
of the United States and international copyright treaties. Title, ownership
rights, and intellectual property rights in and to the content accessed
through the Software is the property of the applicable content owner and
may be protected by applicable copyright or other law. This License gives
you no rights to such content.
6. Copy Restrictions
This software may be distributed freely with the following provisions.
- All documentation must be distributed with the Software.
- You may not distribute modified versions of this Software or documentation
without the written permission of Joe Kloss.
7. DISCLAIMER OF WARRANTY
The Software is provided on an "AS IS" basis, without warranty of any
kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. The entire risk
as to the quality and performance of the Software is borne by you.
SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL JOE KLOSS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES ( INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF
BUSINESS PROFITS, LOSS OF INFORMATION, COMPUTER FAILURE OR MALFUNCTION,
OR USE ), EVEN IF JOE KLOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
9. Termination
This License if effective until terminated. The License will terminate
automatically without notice if you fail to comply with any provision of
the License. You may voluntarily terminate at any time
10. Other
If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to
make it enforceable. This Agreement shall be governed by and construed
under California law as such law applies to agreements between California
residents entered into and to be performed within California, except as
governed by Federal law.
11. U.S. Government Restricted Rights
The Software and documentation is provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government is subject to restrictions
as set forth in subdivision (b) (3) (ii) of The Rights in Technical Data
and Computer Software clause 252.227-7013. Contractor/manufacturer is
Joe Kloss, 13700 Alton Parkway, Irvine, CA 92718.