last updated: 02Dec2006a
Copyright (c) 2004-06 Curtis Systems Software P.C.
www.curtisSystemsSoftware.com
Curtis Systems Software P.C.
CSSDIR GIF


TERMS AND CONDITIONS OF SALE, LICENSE AND USE OF ...

TERMS AND CONDITIONS OF SALE, LICENSE AND USE OF CSSDIR (and use before purchasing CSSDIR in a limited trial or "demo" capacity) and associated software, "Software" produced and/or distributed by Curtis Systems Software P.C. (CSS). This software is protected by United States and International Copyright Laws. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. Use of this software for any purpose whatsoever constitutes your unqualified acceptance of the following statements:

Curtis Systems Software P.C. (CSS), the author, makes no warranty or representation that the software will be error free. CSS disclaims any warranties, either express or implied, including but not limited to any implied warranty of merchantability or fitness for any particular purpose.

The user agrees to take full responsibility for the selection of and any use whatsoever made of the software.

IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR THE LIKE) ARISING OUT OF THE USE OF, INTERRUPTION IN THE USE OF, OR INABILITY TO USE THIS SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF ANY POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

I. Customer obligations
A.) Customer assumes full responsibility that this licensed computer software (the software) meets the specifications, capacity, capabilities, versatility and other requirements of Customer. B.) Customer assumes full responsibility for the condition and effectiveness of the operating environment in which the software is to function, and for its installation.
II. CSS's conditions of Sale
A.) CSS makes no warranty as to the design, capability, capacity, or suitability for use of the Software, except as provided in this paragraph. Software is licensed on an "AS IS" basis, without warranty. The original Customer's exclusive remedy in the event of a software manufacturing defect, is its repair or replacement within thirty (30) calendar days of the date of the CSS sales document received upon license of the Software. The defective Software shall be returned to CSS or place of purchase with the sales document.
B.) Except as provide herein no employee, agent, franchisee, dealer or other person is authorized to give any warranties of any nature on behalf of CSS.
C.) Except as provided herein, CSS makes no express warranties, and any implied warranty of merchantability or fitness for a particular purpose is limited in its duration to the duration of the written limited warranties set forth herein.
III. Limitation of liability
A.) Except as provided herein, CSS shall have no liability or responsibility to customer or any other person or entity with respect to any liability, loss or damage cause or alleged to be cause directly or indirectly by "Software" sold, leased, licensed or furnished by CSS, including, but not limited to, and interruption of service, loss of business or anticipatory profits or consequential damages resulting from the use or operation of the "Software". In no event shall CSS be liable for loss of profits, or any indirect, special, or consequential damages arising out of any breach of this warranty or in any manner arising out of or connected with the sale, lease, license, use or anticipated use of the "Equipment" or "Software". Notwithstanding the above limitation and warranties, CSS's liability hereunder for damages incurred by customer or others shall not exceed the amount paid by customer for CSSDIR and associated Software "Software" involved.
IV. CSSDIR and associated Software License
CSS grants to Customer a non-exclusive, paid up license to use the purchased specific version and type of license (Reg, Pro, Pro+, EPro [or shareware if available]) of CSSDIR and associated Software on one computer, subject to the following provisions:
A.) Except as otherwise provided in this Software License, applicable United States and/or International copyright laws (whichever is more protective to the producer of CSS copyrighted material(s)) shall apply to the Software.
B.) Title to the medium (if any) on which the Software is recorded or stored (diskette, CD, etc.) or downloaded is transferred to the customer, but not title to the Software.
C.) Customer may not have CSSDIR and associated Software active on more than one computer for each license. Further if CSSDIR and associated software is made available via LAN or Internet or the functionality thereof, then no more than one copy of CSSDIR and associated software per license is legally allowed. Also for EACH real or potential CSSDIR simultaneous user, a purchased appropriate type of license (Reg, Pro, Pro+, EPro or shareware), including for that specific operating system or environment and applicable version is required.
D.) Customer shall not use, make, manufacture, or reproduce copies of Software except for use on one computer and as is specifically provided in this Software license. Customer is expressly prohibited from disassembling or decompiling the software. Customer is expressly prohibited from using any of CSSDIR's documentation and/or nomenclature in other products without explicit written permission from CSS.
E.) Customer is permitted to make additional copies of the Software only for backup or archival purposes or if additional copies are required in the operation of one computer with the Software, but only to the extent the Software allows a backup copy to be made.
F.) All copyright notices shall be retained on all copies of the Software.
V. Applicability of Warranty
A.) The terms and conditions of this Warranty are applicable as between CSS and Customer for sale of a Software License to Customer.
B.) The Limitations of liability and Warranty provisions herein shall inure to the benefit of CSS, the author, owner and or licensor of the Software.
VI. Additional license(s) discounts constraints
Any Company that purchases and retains ownership of one full priced license for a given specific version for OS/2 Warp4-eComStation/Windows MAY be (but is not guaranteed to be) eligible for subsequent licenses of the same license type and version at a discounted price if the following are met: 1.) license type and version are still available for sale by CSS AND 2.) additional license will not be resold (license can not be transferred) AND 3.) the additional license(s) is/are for and are to be used exclusively by the same individual, company or corporation located at the same physical address, AND 4.) the offer is still available.
VII. Shareware licensing
In event the user has acquired CSSDIR and associated software as in a trial use (as to determine it usability) after 30 calendar days from its first use, the user must purchase a current version or register the shareware (aka as limited 30 day trial) version at the current shareware pricing for each computer they are going to use it on, including section IV C. (see above) or remove it from all their computers, and backups, and refrain from using it. Please comply any thing less is prohibited, CSS does appreciate your compliance. Thank you. 

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