SOFTWARE LICENSE AGREEMENT
This is an Agreement between you, the end user and Licensee, and Sierra HyperStar Software, 1427 Dominion St., Dallas, TX 75208, the Licensor.
This License Agreement is equally applicable to the Sierra HyperStar Software programs UniMaint and FileStar/2 (hereinafter referred to as the Software), both of which are OS/2 utility applications.
The Software is owned and copyrighted by Jim Read, an individual and the author of FileStar/2, and is published by Sierra HyperStar Software (hereinafter referred to as SHS), a company exclusively owned by Jim Read. Any referral herein to SHS implicitly includes Jim Read.
The term Software means the original and all whole or partial copies of the distribution program files, including modified copies. The Software is protected by United States copyright laws and international treaty provisions.
You must agree to the terms of this license to install and use the Software. You are acknowledging the acceptance of this Agreement when you install the Software. If you do not accept the terms of this Agreement, please contact the company through its Web site for resolution.
1. GRANT OF LICENSE
This Software is licensed, not sold. Sierra HyperStar Software grants you a license to use the Software for its intended purpose within the terms of the agreement. You obtain no other rights other than those granted under this license.
You may use the Software and documentation, subject to the restrictions below:
(a) You will not distribute copies of the Software to others.
(b) You may make copies of the Software solely for backup or archival purposes.
(c) You may not sub-license, rent, lease, loan or share the Software, but you may transfer the Software and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this License Agreement.
(d) You may not reverse engineer, decompile, disassemble, or translate the Software.
(e) Individuals using the Software in a non-business, home environment may use the Software on up to three computers. However, you must not use the Software for both home and business use.
(f) If the Software is used in a business environment, you must not use the Software on more than one computer unless you have a multi-user license. However, each business user may install and use the Software on one additional portable computer provided it is his/her secondary computer and is used primarily while traveling. You may network the Software but the number of users must not exceed the number of users granted under the license.
(g) The license does not entitle you to receive free enhancements or upgrades to, or new versions or releases of, the Software. However, SHS may in its sole discretion furnish enhancements or upgrades to the Software through its Web site or any other distribution channel with or without charge. New releases of the Software which are published exclusively for the purpose of fixing program flaws will be free. Whether and when SHS publishes new versions or interim releases shall be determined at the sole discretion of SHS. It is the intent of SHS to publish timely bug fix versions whenever prudent to do so and feature enhancement versions on a periodic interval if warranted.
Special Restrictions:
This is a single user License. See items (e) and (f) above.
2. LIMITED WARRANTY
This Software is provided "AS IS". Your exclusive remedy and SHS's entire liability under this limited warranty will be, at SHS's option, to refund the actual amount paid SHS for the Software if delivered in a defective state.
3. DISCLAIMER OF WARRANTY
To the maximum extent permitted by applicable law, SHS disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the Software and accompanying documentation. SHS does not warrant that the program will meet your requirements or will operate in the environment which you may select.
4. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable laws, in no event shall SHS be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of information, or other pecuniary loss, or for indirect, consequential, incidental or punitive damages, however caused, arising out of the use of or inability to use this product, even if SHS has been advised of the possibility of such damages.
5. GENERAL
The license granted to you is effective until terminated. You may terminate this license at any time if you destroy all copies of the software. Without prejudice to any other right, SHS may terminate this Agreement if you breach any of its terms and conditions. Upon termination, you shall immediately destroy all copies of the Software.
This Agreement is governed by Texas law and controlling U.S. federal law unless the laws of the country in which you acquired the Software expressly prohibit it.
Copyright (c) 1995-2004 Jim Read. All Rights Reserved.
FileStar/2 and UniMaint are trademarks of Sierra HyperStar Software. All other trademarks and service marks, registered or otherwise, are the property of their respective owners.