Before opening the package, carefully read the following terms and conditions which include the software license and limited warranty (collectively known as the "Agreement")
OPENING THE PACKAGE INDICATES YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU SHOULD PROMPTLY RETURN THE PACKAGE UNOPENED TOGETHER WITH ALL OTHER MATERIAL, AND YOUR MONEY WILL BE REFUNDED.
LICENSE
The enclosed software product (the "Software") is owned by LPC Consulting Services or by its suppliers and is protected by copyright law and international treaty provisions. The software is hereby licensed to you by LPC Consulting Services (referred to in
this agreement as "LPC"). LPC Consulting Services hereby grants you a non-exclusive license to use the software as set forth below:
You may:
RESTRICTIONS
You may not:
REDISTRIBUTION RIGHTS
You are also granted a non-exclusive, royalty-free right to reproduce and distribute executable files created using the Software. You may not distribute the source code for the ODBTalk and the ODBC Workbench classes without an explicit and signed restriction that this code must not be used for further development without acquiring an extra license from LPC..
Libraries for WindowBuilder Pro and Subpanes/V, used in the ODBC Workbench, are the intellectual property of Objectshare Systems Inc. and may not be distributed.
TERMINATION
This Agreement and your license to use the Software will automatically terminate without notice if you fail to comply with all provisions of this agreement. Upon termination you shall destroy all copies of the Software. All disclaimers of warranties and limitations of liability set forth in this Agreement shall survive any termination of this Agreement.
SELECTION AND USE
You assume full responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the software.
LIMITED WARRANTY
For a period of 90 days from the date of your receipt of the software, LPC warrants that:
HOWEVER, LPC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
Provided that you return the product with a copy of your receipt within the 90-day period, LPC shall at its discretion either:
a) correct the non-conformance of the Software, or:
b) replace the defective media and/or documentation
c) refund the license fee
LIMITATIONS OF REMEDIES AND LIABILITY
LPC'S LIABILITY AND YOUR EXCLUSIVE REMEDY ARE AS SET FORTH ABOVE AND LPC DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. No modification or addition to this warranty is authorized unless it is set forth in writing, references this Agreement and is signed on behalf of LPC by an authorized individual.
IN NO EVENT WILL LPC OR ITS DIRECT AND INDIRECT SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE, EVEN IF LPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. In particular, LPC and its suppliers are not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute software, or claims by third parties. No oral or written information given by LPC, its agents or employees shall create a warranty. IN NO CASE SHALL ANY DIRECT OR INDIRECT SUPPLIERS OF LPC BEAR ANY LIABILITY FOR ANY REASON WHATSOEVER AND IN NO CASE SHALL LPC'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU.
This agreement gives you certain legal rights. You may have other rights under local law, or some of the above may not apply or be limited. FOR EXAMPLE, 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.
GENERAL
This Agreement shall be governed by a) the laws of the Commonwealth of Massachusetts if this Program Package was obtained by you in the United States, and by b) the laws of the Province of Ontario and the laws of Canada therein if this Program Package was
obtained by you elsewhere.
You must fill out and return the LPC Software Registration Form included in the product package in order to be eligible for customer support and service.
COPYRIGHTS
ODBTalk © LPC Consulting Services 1993
WindowBuilder Pro © Objectshare Systems Inc. 1993
Subpanes/V © Objectshare Systems Inc. 1993