Win95Pak License
1. Read This. READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE OPENING THE CD-ROM PACKAGE. BY OPENING THE PACKAGE, YOU
ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING
TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE
UNOPENED PACKAGE, AND YOU WILL RECEIVE A FULL REFUND.
2. Materials Covered. This license covers the CD-ROM and all the Software
on it. The Software in this package comes from a variety of sources. Some
of it has copyright or licensing provisions which may conflict with (and in
general are less restrictive than) the provisions of this license. WHERE
THOSE PROVISIONS ARE LESS RESTRICTIVE THAN THIS LICENSE, THE LESS RESTRICTIVE
PROVISIONS APPLY. Detailed copyright and license information for each
package can be viewed from the main documentation page.
3. License Grant. Ready-to-Run Software, Inc. ("Licensor") grants to you,
and you accept, a nonexclusive license to use the CD-ROM and Software only
as authorized in this License Agreement. The Software and CD-ROM
may be used only at a single computer which is owned, leased, or otherwise
controlled by you. You agree that you will not assign, sublicense,
transfer, pledge, lease, rent, or share your rights under this License
Agreement, except that you may transfer your entire rights under this
License Agreement provided that all media and documentation are transferred
with your rights, and the recipient agrees to bound by the terms of
this License Agreement. You agree that you may not reverse assemble, reverse
compile, or otherwise translate the Software. The license fees paid by
you are paid in consideration of the licenses granted under this
License Agreement.
Upon loading the Software into your computer, you may retain the CD-ROM for
backup purposes. In addition, you may make one copy of the CD-ROM for the
purpose of backup in the event the original is damaged or destroyed.
4. Licensor's Rights. You agree that the Software and the CD-ROM are
proprietary products of Licensor protected under U.S. copyright law. You
also agree that all right, title, and interest in and to them,
including associated intellectual property rights, remain with Licensor.
This License Agreement does not convey to you an interest in or to the
Software or CD-ROM, but only a limited right to use them revocable in
accordance with the terms of this License Agreement.
5. Term. This License Agreement is effective when you open the
CD-ROM package and continues until terminated. You may terminate this
License Agreement at any time by returning the Software, CD-ROM, and all
copies and extracts to Licensor. Licensor may terminate this License
Agreement upon the breach by you of any term. Upon such termination, you
agree to return to Licensor the Software, CD-ROM, and all copies and
extracts of them.
6. Limited Warranty. Licensor warrants, for your benefit alone, for a
period of 30 days from the date of commencement of this License Agreement
(referred to as the "Warranty Period") that the CD-ROM is free from
defects in material and workmanship. If during the Warranty Period, a
defect in the CD-ROM appears, you may return it to Licensor for either
replacement or, if so elected by Licensor, refund of amounts paid by you
under this License Agreement. You agree that the foregoing constitutes
your sole and exclusive remedy for breach by Licensor of any warranties
made under this Agreement.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE CD-ROM AND SOFTWARE
ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Remedies. Licensor's cumulative liability to you or any other party
for any loss or damages resulting from any claims arising out of or
relating to this Agreement shall be limited to the license fee paid to
Licensor. In no event shall Licensor be liable for any indirect,
incidental, consequential, special, or exemplary damages or lost profits,
even if Licensor has been advised of the possibility of such damages. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
If any action is brought by either party to this License Agreement
against the other party regarding the subject matter of this License
Agreement, the prevailing party shall be entitled to recover, in addition
to any other relief granted, reasonable attorney fees and expenses of
litigation. This License Agreement shall be construed and governed in
accordance with the laws of the Commonwealth of Massachusetts. Should any
term of this License Agreement be declared void or unenforceable by
any court of competent jurisdiction, such declaration shall have no
effect on the remaining terms. The failure of either party to enforce
any rights
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