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Legal

License

Registering

Trial Use License

Trial Use Warranty

Limited Distribution License


License

InterSoft International, Inc.

End User License Agreement for NetTerm Telnet Client.

IMPORTANT READ CAREFULLY:  This InterSoft International, Inc. (InterSoft) End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and InterSoft for the InterSoft software product identified above, which includes computer software and associated media and printed materials, and may include online or electronic documentation (Software).  By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the unused Software to the reseller or retailer from whom you purchased the Software for a full refund.

Software License

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

1. Grant of License.  Subject to payment of applicable license fee(s), InterSoft grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") as follows:

 Systems Software.  You may install and use one copy of the Software on a single computer.

 Storage/Network Use.  You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Software is run from the storage device. A license for the Software may not be shared or used concurrently on different computers.

 License Pack.  If you have acquired this EULA in a InterSoft License Pack, you may make the number of additional copies of the computer software portion of the Software authorized on the printed copy of this EULA or other documentation provided by InterSoft, provided that every copy contains all of the original Software's proprietary notices, and you may use each copy in the manner specified above. The number of copies that may be installed or run pursuant to the License Pack is comprised of the total number of copies installed or run on any platform.

2. Description of Other Rights and Limitations.

 Limitations on Modification, Reverse Engineering, Decompilation, and Disassembly.  You may not modify, reverse engineer, decompile, or disassemble the Software, or create derivative works based upon the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

 Separation of Components.  The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not remove any proprietary notices or labels on or in the Software.

 Rental.  You may not rent or lease the Software.

 Software Transfer.  You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software.

 Termination.  Without prejudice to any other rights, InterSoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

3. Upgrades.  If the Software is an upgrade from another product, whether from InterSoft or another supplier, you may use or transfer the Software only in conjunction with that upgraded product, unless you destroy the upgraded product. If the Software is an upgrade of a InterSoft product, you now may use that upgraded product only in accordance with this EULA. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. Copyright.  All title and copyrights in and to the Software (including but not limited to any images, photographs, animation, video, audio, music, text, and applets, incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by InterSoft. The Software is protected by copyright laws and international treaty provisions. 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) install the Software on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software.

5. U.S. Government Restricted Rights.  The Software and documentation are provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, or at 252.211-7015, or to InterSoft's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is InterSoft International, Inc., P.O. Box 218794, Houston, TX 77218-8794, U.S.A.

6. Export Controls.  None of the Software or underlying information or technology may be installed, downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing, downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

7. High Risk Activities.  The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment 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").  InterSoft and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

Miscellaneous

If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" EULA whose terms vary from this Agreement, then the hard-copy EULA governs your use of the Software.  This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. 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 Texas law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Should you have any questions concerning this EULA, or if you desire to contact InterSoft for any reason, please contact the InterSoft subsidiary serving your country, or write: InterSoft International, Inc., P.O. Box 218794, Houston, Texas 77218-8794, U.S.A.

Limited Warranty

Limited Warranty.  InterSoft warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.  InterSoft does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free.  InterSoft also warrants that the media containing the Software, if provided by InterSoft, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE, IF ANY, ARE LIMITED TO NINETY (90) DAYS.

Customer Remedies.  InterSoft's and its suppliers entire liability and your exclusive remedy shall be, at InterSoft's option:

(i) to replace your defective media; or

(ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or

(iii) if the above remedies are impracticable, to refund the license fee you paid for the Software.

This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.  Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) InterSoft advised you how to operate the Software so as to achieve the functionality described in the Documentation.  Only if you inform InterSoft of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will InterSoft be obligated to honor this warranty. InterSoft will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified.  Outside the United States, neither these remedies nor any product support services offered by InterSoft are available without proof of purchase from an authorized international source.

NO OTHER WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, InterSoft AND ITS SUPPLIERS DISCLAIM ALL OTHER 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 ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL InterSoft, ITS SUPPLIERS, OR ITS RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF InterSoft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL InterSoft BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT InterSoft RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Registering

NetTerm is being distributed initially as Shareware. It is not free or public domain. This means you may copy and distribute it freely but should you find it useful and use it beyond an initial evaluation period of thirty (30) days you are both legally and morally obliged to pay the license fee.

Registered users will be sent a registration number to legally enable NetTerm.  This number will be good for all subsequent versions of the program that may become available.  InterSoft International, Inc. will endeavor to inform you when such upgrades are released.

Please provide an eMail address so InterSoft International, Inc. can inform you of your registration code as soon as your order is received, and give timely information on upgrades.  If you do not have a eMail address, notification will be sent by mail to the address listed on the order form.


Trial Use License

NetTerm is NOT a public domain program.  It is Copyright (c) 1995 by InterSoft International, Inc.

This software and accompanying documentation is protected by United States Copyright law and also by International Treaty provisions.  Any use of this software in violation of Copyright law or the terms of this limited license will be prosecuted to the best of our ability.  The conditions under which you may copy this software and documentation are clearly outlined below under "Limited Distribution License".

InterSoft International, Inc. hereby grants you a limited license to use this software for evaluation purposes for a period not to exceed thirty (30) days.  If you intend to continue using this software (and/or it's documentation) after the thirty (30) day evaluation period, you MUST make a registration payment to InterSoft International, Inc.

Using this software after the thirty (30) day evaluation period, without registering the software is a violation of the terms of this limited license.

Licensee shall not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program except as provided in this agreement.  Any such unauthorized use shall result in immediate and automatic termination of this license.

All rights not expressly granted here are reserved to InterSoft International, Inc.


Trial Use Warranty

The Shareware evaluation version is provided AS IS.  InterSoft International, Inc. MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.


Limited Distribution License

As the copyright holder for NetTerm, InterSoft International, Inc. authorizes distribution only in accordance with the following conditions.

The NetTerm package is defined as containing all the material listed in the packing list (PACKING).  If any files listed in the packing list or the packing list file itself are missing, then the package is not complete and distribution is forbidden.  Please contact us to obtain a complete package suitable for distribution.

•	The NetTerm package - including all related program files and documentation files - cannot be modified in any way and must be distributed as a complete package, without exception.

•	No price or other compensation may be charged for the NetTerm package.  A distribution cost may be charged for the cost of the diskette, shipping and handling, as long as the total (per disk) does not exceed US $8.00 in the U.S. and Canada, or US $12.00 internationally.

•	The NetTerm package CANNOT be sold as part of some other inclusive package.  Nor can it be included in any commercial software packaging offer, without a written agreement from InterSoft International, Inc.

•	The Guide to Using NetTerm may not be reproduced in whole or in part, using any means, without the written permission of InterSoft International, Inc.  In other words, the disk-based documentation may not be distributed in printed (hard copy) form.

•	The NetTerm package cannot be "rented" or "leased" to others.

•	Licensee shall not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program except as provided in this agreement.  Any such unauthorized use shall result in immediate and automatic termination of this license.

All rights not expressly granted here are reserved to InterSoft International, Inc.