VTextVTextSome jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the following limitations may not apply. In no event shall ViviStar Consulting's liability exceed the license price of the software.
No oral or written communication from ViviStar Consulting or any of its representatives shall be construed as increasing the scope of this agreement unless that communication is a formal addendum to this agreement with authorizing signatures.
This agreement shall be governed by the laws of the United States and the State of Arizona. If any portion of this agreement is unenforceable, the remainder of this agreement remains in effect.
Licensee has royalty free right to distribute object code derived from the VText programming materials (the "Software") but only when linked with programs the licensee has developed.
ViviStar Consulting retains the title to, and reserves all rights for, the Software including source code, interface files, and documentation.
Licensee may make copies of the Software for archival and development purposes provided the use of the originals and all copies is confined to a single development computer at any one time.
Under no circumstances shall the licensee distribute any portion of the Software including source code, interface files, or documentation (electronic or printed).
Licensee shall take necessary but reasonable precautions to insure that other parties may not obtain copies, in whole or in part, of materials related to the Software.
Any program or tool which uses the Software shall acknowledge the copyright of ViviStar Consulting. Specifically:
"VText © 1997 ViviStar Consulting."
This acknowledgment shall be placed in the about box of the executable program and in acknowledgments in documentation. This notice must be visible in a readable font and size. The exclusion of this copyright acknowledgment is separately negotiable.
In all cases the licensee's copyright notice in about boxes and on distribution media must be sufficient to protect the licensee's product.
Under no circumstances may any ViviStar Consulting copyright notice embedded in object code be removed.
Use, disclosure, or duplication by the US Government is subject to the applicable restrictions intended in:
The Software is licensed AS IS.
ViviStar Consulting does not warrant the Software or related materials as being free from error, defects, or capable of providing correct results or providing un-interruptable service. If the Software distribution disk is defective, ViviStar Consulting will replace the disk free of charge during a period of 90 days from the date of purchase.
ViviStar Consulting does not warrant that any defects found in the Software or related materials will be corrected.
UNDER NO CIRCUMSTANCE, INCLUDING NEGLIGENCE, SHALL VIVISTAR CONSULTING BE HELD LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE SOFTWARE. By using and incorporating the Software, the licensee agrees to this and to indemnify ViviStar Consulting from any claims by third parties using the product of the licensee. Any problems caused by the Software in the end product of a licensee is the sole responsibility and liability of that licensee.
ViviStar Consulting DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, IN REGARDS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT of the Software.
No technical support for the Software is implied or guaranteed. If any technical support is provided, it will be via e-mail.
ViviStar Consulting reserves the right to change subsequent versions and specifications of the Software without prior notification. In addition, ViviStar Consulting reserves the right to determine and define upgrade policies at a future time. This right includes the option of no upgrade policy.
If a licensee is dissatisfied with the Software, the licensee may return
all associated materials to the place of purchase during an initial period
of 90 days from the date of purchase. In such an event ViviStar Consulting
will terminate the license agreement and a refund will be provided to the
licensee. In addition to returning all original materials associated with
the Software the dissatisfied licensee must delete or destroy all copies
of the software and make written affirmation that all copies of the Software
have been deleted or destroyed.
