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End User License Agreement for pstotext Software
GRANT.
Subject to the provisions contained herein, Digital Equipment
Corporation ("Digital") hereby grants you a non-exclusive
license to use its accompanying proprietary software product
and associated documentation ("Software") free of charge
pursuant to the terms and conditions of this Agreement. You are
not entitled to support or telephone assistance in connection
with your use of the Software.
SOFTWARE AND DOCUMENTATION.
Digital shall furnish the Software to you electronically or on
media in source code form. This license does not grant you any
right to any enhancement or update to the Software and
Documentation.
USE RESTRICTIONS.
You may use, copy, modify, and distribute the Software in
source code or object code form, subject to the following
conditions:
+ If the Software is modified, any Software containing
modifications must prominently state in the modified product
or documentation (i) that it has been modified, (ii) the
identity of the person or entity that made the modifications,
and (iii) the date the modifications were made.
+ Each copy of the Software made by you shall be subject to the
terms of this Agreement and shall contain all of Digital's
notices regarding copyrights, trademarks and other
proprietary rights as contained in the Software originally
provided to you.
+ The Software may not be transferred to any third party unless
such third party receives a copy of this Agreement and agrees
to be bound by all of its terms and conditions.
TITLE.
Title, ownership rights, and intellectual property rights in
and to the Software shall remain in Digital and/or its
suppliers. The Software is protected by the copyright laws of
the United States and international copyright treaties.
CONTENT.
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.
DISCLAIMER OF WARRANTY.
Since the Software is provided free of charge, 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. Should the Software prove defective, you, and
not Digital assume the entire cost of any service and repair.
This disclaimer of warranty constitutes an essential part of
the agreement.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL DIGITAL OR ITS SUPPLIERS
RESELLERS, OR LICENSEES BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF DIGITAL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
EXPORT CONTROLS.
You may not download or otherwise export or reexport the
Software or any underlying information or technology except in
full compliance with all United States and other applicable
laws and regulations. By downloading or using the Software, you
are agreeing to the foregoing.
TERMINATION.
This Agreement shall automatically terminate upon failure by
you to comply with its terms, in which case you shall
immediately discontinue the use of the Software and shall
within ten (10) days return to Digital or destroy all copies of
the Software. You may also terminate this Agreement at any time
by destroying the Software and all copies thereof.
MISCELLANEOUS.
This Agreement represents the complete and exclusive statement
of the agreements concerning this license between the parties.
It may be amended only by a writing executed by both parties.
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, and such decision
shall not affect the enforceability (i) of such provision under
other circumstances or (ii) of the remaining provisions hereof
under all circumstances. Headings shall not be considered in
interpreting this Agreement. This Agreement shall be governed
by and construed under the laws of the Commonwealth of
Massachusetts, except as governed by Federal law. This
Agreement will not be governed by the United Nations Convention
of Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
U.S. Government Restricted Rights.
Use, duplication or disclosure by the Government is subject to
restrictions set forth in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at FAR 52 227-19
when applicable, or in subparagraph (c) (1) (ii) of the Rights
in Technical Data and Computer Software clause at DFARS
252.227-7013, and in similar clauses in the NASA FAR
Supplement. Contractor/manufacturer is Digital Equipment
Corporation.
_________________________________________________________________
[1]Andrew Birrell and [2]Paul McJones
[3]Legal Statement [4]Privacy Statement
References
1. http://www.research.digital.com/SRC/people/Andrew_Birrell/bio.html
2. http://www.research.digital.com/SRC/people/Paul_McJones/bio.html
3. http://www.compaq.com/legal.html
4. http://www.compaq.com/privacy.html
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