Watcom Software License Agreement
Watcom Software License AgreementBEFORE OPENING THIS PACKAGE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WHICH INCLUDE THE SOFTWARE LICENSE AND LIMITED WARRANTY (collectively called the "Agreement").
INSTALLING OR USING THE ENCLOSED SOFTWARE PRODUCT INDICATES YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS. YOU SHOULD PROMPTLY RETURN ALL MATERIAL IN THIS PROGRAM PACKAGE AND YOUR MONEY WILL BE REFUNDED.
The enclosed software product (the "Software") is owned by WATCOM International Corporation or by its suppliers and is protected by copyright law and international treaty provisions. The Software is hereby licensed to you by WATCOM International Corporation or a licensor of WATCOM International Corporation (in either case the entity licensing the Software to you is referred to in this Agreement as "WATCOM"). Subject to the terms and conditions of this Agreement, and any limitations imposed as part of a special promotional or educational program, WATCOM hereby grants you a non-exclusive license to use the software as set forth below:
- use the Software only on one computer make one copy of the Software excluding the documentation for archival or backup purposes
- permanently transfer your rights hereunder, provided you also transfer all copies of the Software and the documentation and provided the transferee agrees to the terms and conditions of this Agreement. If the Software is a WATCOM SQL Network database product, then you may also use:
- the Server Components of the Software, as specified in the "Read Me First" document included in the product package, on a single computer utilized as a network server (the "Network Server") operating on a single computer network; and
- the Client Components of the Software, as specified in the "Read Me First" documents, on computers connected to the Network Server provided:
- such Client Components are used only to communicate with the Server Components of the Software, and provided
- use of the Client Components is restricted to one component user. Use by additional concurrent users shall be permitted only by purchasing additional licenses.
You may not:
- use, copy, modify, or transfer the Software or the documentation, or any copy in whole or in part, except as expressly provided for in this license.
- allow the Software to be used on more than one computer at a time or by more than one person at a time except as otherwise expressly provided herein.
- rent or lease the Software or the documentation, modify or adapt the Software or documentation in whole or in part inclu- ding but not limited to translation or creating derivative works.
- disassemble or reverse compile for the purpose of reverse engineering the Software.
If the Software is a WATCOM compiler product you are also granted a non- exclusive, royalty-free right to reproduce and distribute executable files created using the Software. You may be granted rights to reproduce and distribute components of the Software. Such additional rights, including any restrictions thereto, and the components, shall be specified in the "Read Me First" document included in the product package.
This Agreement and your license to use the Software will automatically terminate without notice of you fail to comply with any provision of this Agreement. Upon termination you shall destroy all copies of the Software. All disclaimers of warranties and limitation 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.
For a period of 90 days from the date of your receipt of the Software. WATCOM warrants that:
- the Software will substantially conform to WATCOM's published specifications and to the documentation provided with it when used as specified in such documentation: and
- the media on which the Software is distributed and the documentation are free from defects in materials and workmanship.
HOWEVER, WATCOM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Because of the inherent complexity of computer software your are advised to verify your work. Provided you return the item with a copy or your receipt within the 90 day period, WATCOM shall at its discretion either (a) correct the non-conformance of the Software; or (b) replace the defective media and/or (c) refund the license fee.
LIMITATIONS OF REMEDIES AND LIABILITY
WATCOM'S LIABILITY AND YOUR EXCLUSIVE REMEDY ARE AS SET FORTH ABOVE AND WATCOM DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED 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 WATCOM by an authorized official. IN NO EVENT WILL WATCOM OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF WATCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In particular, WATCOM 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 WATCOM, its agents or employees shall create a warranty. IN NO CASE SHALL ANY DIRECT OR INDIRECT SUPPLIERS OF WATCOM BEAR ANY LIABILITY FOR ANY REASON WHATSOEVER AND IN NO CASE SHALL WATCOM'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, SO SOME OF THE ABOVE MAY NOT APPLY OR MAY BE LIMITED. FOR EXAMPLE, SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software (including the documentation) is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in sub-paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is WATCOM, Inc./42 Nagog Park/Acton MA 01720-3409.
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 the Program Package was obtained by you elsewhere.
You must fill out and return the WATCOM Registration Form included in the product Package in order to be eligible for customer support and service. If you have any questions concerning this Agreement, or otherwise wish to contact a support person write to:
In the U.S.A.:
42 Nagog Park
Acton, MA 01720-3409
WATCOM International Corp.,
415 Philip Street, Waterloo,
Ontario, Canada, NL2 3X2
Document Version: wtcm1_00