License
Agreement
VBCE.com Utility Control END-USER LICENSE AGREEMENT
The term "SOFTWARE" when used in this LICENSE AGREEMENT identifies and includes
the computer software, all accompanied printed, electronic, and online documentation, and
associated distribution media.
VBCE Utility Control Copyright ©1998-1999 by VBCE.com. All rights reserved.
1.) LICENSE.
VBCE.com grants you a non-exclusive license to use the SOFTWARE in the manner described in
this LICENSE AGREEMENT. The SOFTWARE is licensed, not sold. All title and copyrights in
and to the SOFTWARE, are owned by VBCE.com. The SOFTWARE is protected by copyright laws
and international copyright treaties, as well as other intellectual property laws and
treaties.
2.) GRANT OF LICENSE.
This LICENSE AGREEMENT grants you the following rights:
- You may distribute the files specified in the documentation only in a bundle with your
software product.
- You may use the SOFTWARE on a single computer.
- You may use the SOFTWARE on more than one computer as long as only one copy is used at a
time.
- You may use the SOFTWARE on a network file server, only if each person using the
SOFTWARE has a copy licensed to that person.
- You may make a backup copy of the distribution media.
This LICENSE AGREEMENT establishes the following limitations:
- You may not permit the use of the SOFTWARE except, under the terms listed above.
- You may not modify, translate, reverse engineer, or create derivative works based on the
SOFTWARE.
- You may not make copies of the SOFTWARE other than as specified above.
- You may not rent, lease, grant a security interest in, or, otherwise transfer rights to
the SOFTWARE.
- You may not copy the printed materials accompanying the SOFTWARE.
- You may not remove any proprietary notices or labels from SOFTWARE.
3.) LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
VBCE.com OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL VBCE.com
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT VBCE.com RECEIVED FROM YOU FOR A LICENSE
TO THE SOFTWARE, EVEN IF VBCE.com SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO
YOU.
4.) LIMITED WARRANTY.
VBCE.com warrants that for a period of ninety (90) days from the date of acquisition, the
SOFTWARE, if operated as directed, will substantially achieve the functionality described
in the documentation. VBCE.com does not warrant, however, that your use of the SOFTWARE
will be uninterrupted or that the operation of the SOFTWARE will be error-free. VBCE.com
also warrants that the distribution media, if provided by VBCE.com, is free from defects
in material and workmanship and will so remain for ninety (90) days from the date you
acquired the SOFTWARE. VBCE.com's sole liability for any breach of this warranty shall be,
in VBCE.com's sole discretion: (1) to replace your defective media; or (2) 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
(3) if the above remedies are impracticable, to refund the license fee you paid for the
SOFTWARE. Repaired, corrected, or replaced SOFTWARE 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) VBCE.com advised you how to operate the SOFTWARE so as to
achieve the functionality described in the documentation. Only if you inform VBCE.com 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 VBCE.com be obligated to honor
this warranty. VBCE.com 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.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY VBCE.com. VBCE.com MAKES NO
OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE
DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED
WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO VBCE.com DEALER, AGENT, OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY.
If the distribution media is subjected to accident, abuse, or improper use; or if you
violate the terms of this
LICENSE AGREEMENT, then this warranty shall immediately be
terminated. This warranty shall not apply if the SOFTWARE is used on or in conjunction
with hardware or software other than the unmodified version of hardware and software with
which the software was designed to be used as described in the documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT
VARY BY JURISDICTION.
5.) TERMINATION.
This LICENSE AGREEMENT will terminate automatically if you fail to comply with the
limitations described herein. On termination, you must destroy all copies of the SOFTWARE.
6.) EXPORT CONTROLS.
None of the SOFTWARE or underlying information or technology may be downloaded or
otherwise exported or reexported into (1) any country to which the U.S. has embargoed
goods; or (2) 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 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.
In addition, if the licensed Software is identified as a "not-for-export"
product (for example, on the box, media or in the installation program), then the
following applies:
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY
UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN
ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING
WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF
THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING
AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL
OF A FOREIGN PERSON.
7.) MISCELLANEOUS.
This
LICENSE AGREEMENT represents the complete agreement concerning this license and may
be 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 in
this
LICENSE AGREEMENT, and not those in your purchase order. If any provision of this
LICENSE AGREEMENT is held to be unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable. This
LICENSE AGREEMENT shall be governed by
Colorado law (except for conflict of law provisions). The application the United Nations
Convention of Contracts for the International Sale of Goods is expressly excluded.
Distribution
THIS SOFTWARE IS PROVIDED "AS-IS". NEITHER THE AUTHOR NOR ITS
SUPPLIERS MAKES ANY WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO THE CONTENT OF THIS
SOFTWARE OR THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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