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    End user software license

    This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Ontario and Canadian law.


      If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement produced by Herne Data Systems Ltd. whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software.
    Title, ownership rights, and intellectual property rights in the Software shall remain in Herne Data Systems Ltd. and/or its suppliers. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.

    The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.

    Users of the Software must accept this disclaimer of warranty:

      "The Software is supplied as is. Herne Data Systems Ltd. disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. Herne Data Systems Ltd. assumes no liability for damages, direct or consequential, which may result from the use of the Software. Further, Herne Data Systems assumes no liability for losses caused by misuse or abuse of the Software. This responsibility rests solely with the end user."
    The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Herne Data Systems Ltd. and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

    An individual user MAY:

      1) Use the Software on any computer normally used by the individual;

      2) Copy the Software for archival purposes or to give to other individual users for their evaluation, provided any copy must contain all of the original Software's proprietary notices. Evaluation copies given to other individual users must be complete with all of the files distributed with the original Software, as listed in the README.1ST text file. Such copies must be given to the recipient at no cost, except for a small nominal charge to recover the cost of the distribution medium (eg, floppy disk).

      3) Use the Software for an initial 30 day evaluation period free of charge. If the individual continues to use the software after the evaluation period, then the individual must pay the registration fee or discontinue use of the Software.

    A Commercial, corporate or institutional user MUST:
      1) Register and pay for their copies of Software within 30 days of first use or their license is withdrawn.
    A user MAY NOT:
      1) Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software;

      2) Rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or

      3) Remove any proprietary notices or labels on the Software.

    When the Site License fee has been paid, the Commercial, corporate or institutional user MAY:

      1) Use the Software on any computer owned by the Corporation or Institution located at the licensed site, or on any computer owned by the Corporation or Institution and used by an employee or agent normally based at the licensed site (eg. a portable or laptop computer).

      2) Use the Software on a network, provided that each person or computer accessing the Software through the network comply with condition 1 above;

      3) Copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.

    Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in any Herne Data Systems Ltd. shareware product shall be subject to the restricted rights applicable to commercial computer software as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (DFARS 52.227-7013), and in similar clauses in the NASA FAR supplement. The contractor/manufacturer is: Herne Data Systems Ltd., 31 Adelaide St East, PO Box 357, Toronto, ON M5C 2J4, CANADA.

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    (This page last updated 2001-Dec-26.)

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