Website Content
All site design, text, graphics, interfaces,
and the selection and arrangements thereof are
© 2002 Netwerx Communications. All Rights Reserved. Netwerx Communications
grants permission to electronically copy and to print hard copy portions of
this site for the sole purpose of placing an order for the Goat Breeders
Notebook with or through the site. Any other use of materials, including
reproduction for purposes other than those noted above, modification,
distribution, or republication, without prior written permission from
Netwerx Communications is strictly prohibited.
www.netwerx.com
Software Copyright
END-USER LICENSE AGREEMENT
FOR MARC DALCOURT'S GOAT BREEDER'S NOTEBOOK
IMPORTANT-READ CAREFULLY:
LICENSE AGREEMENT: This is a legal agreement between you, the end user
(either an individual or a single entity), and Marc Dalcourt, a
programmer/developer in Ontario, Canada.
BY INSTALLATING, COPYING, OR OTHERWISE USING GOAT BREEDER'S NOTEBOOK WHICH
INCLUDES COMPUTER SOFTWARE AND ASSOCIATED MEDIA, PRINTED MATERIALS, AND ALL
"ONLINE" AND ELECTRONIC DOCUMENTATION ("SOFTWARE PRODUCT"), YOU ARE
CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT CONSENT
TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN FOR REFUND THIS SOFTWARE
PRODUCT TO THE VENDOR FROM WHOM YOU OBTAINED IT.
1. GRANT: Marc Dalcourt ("Marc Dalcourt" or "Licensor") grants you
("Licensee" or "you") a non-transferable, non-exclusive license to use a
single copy of the enclosed software products (hereafter collectively
referred to as "Software") according to the terms below.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- This Software License Agreement ("License") permits you to use one copy of
the Goat Breeder's Notebook software acquired with this license ("Software")
on any single computer, provided the Software is in use on only one computer
at any time. The Software is deemed "in use" on a computer when it is loaded
into the temporary memory (i.e. RAM) or installed onto the permanent memory
(e.g. hard disk or other storage medium) of that computer. If you have more
than one License for the Software, then at any time you may have as many
copies of the Software in use as you have Licenses. The Goat Breeder's
Notebook software is subject to this agreement, however it may be freely
installed on any of your computers.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You
may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
· Rental. You may not sell, rent, or lease the SOFTWARE PRODUCT.
· No Other Uses. You may not use the SOFTWARE PRODUCT in any way other than
as expressly permitted under this License.
· Software Transfer. You may not rent, transfer or grant any rights in the
Software, or any portion thereof, in any form to any person without the
prior written consent of Licensor which, if given, is subject to the
conferee's consent to the terms and conditions of this license
· Termination. Without prejudice to any other rights, Marc Dalcourt may
terminate this License if you fail to comply with the terms and conditions.
In such event, you must immediately destroy all copies of the SOFTWARE
PRODUCT and all of its component parts.
3. COPYRIGHT. The on-line help and manual are Copyright (c) 2002 by Marc
Dalcourt. The Software is Copyright (c) 2002 by Marc Dalcourt.
This is a license and not a sale of the software. The Software is owned by
Marc Dalcourt or its suppliers and is protected by United States copyright
laws, international treaty provisions, and all other applicable national
laws. Therefore, you must treat the Software like any other copyrighted
material, except that you may either (a) make one copy of the Software
solely for backup or archival purposes, or (b) transfer the Software to a
single hard disk provided you keep the original solely for backup or
archival purposes.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not
limited to any images, photographs, text, and HTML incorporated into the
SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the
SOFTWARE PRODUCT are owned by Marc Dalcourt or its suppliers. The SOFTWARE
PRODUCT is protected by copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted
material. You may not copy the printed materials, accompanying the SOFTWARE
PRODUCT.
4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation
are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Comcity Corporation/6690 Amador Plaza Rd., Suite 115/Dublin,
CA 94568.
LICENSE KEY: A License Key may have been supplied to you to support your use
of the Software. The License Key is confidential information of Marc
Dalcourt, and you may not disclose it to any other person or entity.
LIMITED WARRANTY AND DISCLAIMER: Marc Dalcourt warrants that the Software
will perform substantially in accordance with licensee expectations for a
period of 30 days from the date of receipt. Any implied warranties on the
Software are limited to 30 days, or the shortest period permitted by
applicable law, whichever is greater. The entire liability of Marc Dalcourt
and your exclusive remedy shall be, at the option of Marc Dalcourt, either
(a) return of the price paid or (b) repair or replacement of the Software
that does not meet this Limited Warranty and which is returned to Marc
Dalcourt with a copy of your receipt. This Limited Warranty is void if
failure of the Software has resulted from accident, abuse or misapplication.
Any replacement Software will be warranted for the remainder of the original
warranty period or 30 days, whichever is longer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARC DALCOURT DISCLAIMS
ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SOFTWARE AND THIS MANUAL. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, MARC DALCOURT AND HIS SUPPLIERS SHALL NOT BE
LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE OR THIS MANUAL.
IN ANY CASE, THE ENTIRE LIABILITY OF COMCITY UNDER ANY PROVISION OF THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE, OR TO $500, WHICHEVER IS THE LESSER. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO
JURISDICTION.
TERMINATION: Unauthorized copying or use of the Software, or any portion
thereof, or failure to comply with the above restrictions will result in
automatic termination of this license and will make available to Licensor
other legal remedies.
Upon termination Licensee will destroy or return to Licensor the Software
and any copies.
Jurisdiction and Interpretation: This agreement shall be interpreted
according to the Laws of Ontario and Canada, which shall apply to the whole
terms thereof.
You consent to the jurisdiction of Ontario and Canada insofar as not already
subject thereto. Use, duplication or disclosure by the U.S. Government is
subject to restrictions stated in paragraph (c) (1) (ii) of the Rights in
Technical Data and Computer Software clause at 252.227-7013. |