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DataMystic extends permission to shareware distributors and
disk vendors to distribute its programs provided the following
conditions are met:
1. Shareware distributors and disk vendors must inform the buyer
that they are paying for a service, not for the programs, and that
the programs must be purchased if they wish to continue using them
after the evaluation period.
2. Shareware distributors and disk vendors must include all
original files, and they may not modify these files in any way. If
required, they may add new files of their own.
Please let us know if you include our software in your collection. We
can then keep you informed of the latest version. A postcard or a
note on your business letterhead is fine - tell us who you are and
how you can be contacted (preferably electronically).
Fax: +61-3 8610 1234
Voice: +61-3 9913-0595 (GMT+10 hours)
Mail: Simon Carter
5 Bond St
This program and the accompanying files and documentation are
Copyright (c) 1990- 2011 DataMystic
All rights reserved
This file contains our plain English Evaluation License Agreement and
Limited Warranty for end users. It also explains the terms of the
Commercial License where they're different from the Evaluation
If you have any questions, please contact us at
Address: Simon Carter
5 Bond St
Phone: +61-3 9913-0595 (GMT+10 hours)
Fax: +61-3 8610 1234 (Any time)
Plain English Evaluation License Agreement and Limited Warranty
(1) Introduction. This agreement explains when and how you may use
both Evaluation and Commercial Copies of software products from
DataMystic. In this agreement:
* "Program" means the software product you have purchased or
obtained for evaluation, including the software,
associated documentation and other materials;
* "Evaluation Copy" means a copy of the Program distributed
by us or by our authorised agents for evaluation purposes
and which is described as an "Evaluation Edition" by the
Program's "About" screen;
* "Commercial Copy" means a copy of the Program purchased
from us or from a dealer, and which is described as either
a "Personal Edition", "Server Edition", "Site Edition" or
"Company Edition" by the Program's "About" screen;
* "we", "us", "our" refers to DataMystic, a business
based in Victoria, AUSTRALIA; and
* "you" means the end user of the Program.
(2) Legal Agreement. This is a legal agreement which allows you, the
end user, to use the Program under certain terms and conditions. If
you cannot agree to abide by what this agreement says you should not
use or evaluate the Program. By using the Program you agree to abide
by the terms and conditions stated herein.
(3) Copyright. The Program is fully protected by copyright under
federal law and international treaty provisions.
(4) Evaluation Period. You may use an Evaluation Copy of the Program
for up to its evaluation period (specified by each program, typically
30 days, 7 days for TextPipe), in order to determine whether the
Program meets your needs before purchasing it. Once the evaluation
period ends, you agree to either purchase a Commercial Copy of the
Program, or to stop using it. If you have ordered a Commercial Copy
of the Program from us or from a dealer, you may continue to use your
Evaluation Copy until your Commercial Copy arrives.
In addition, the Commercial Copy of a program MUST be purchased
IMMEDIATELY when the Evaluation Copy's output is used for any
(5) Use of the Program. While you are evaluating the Program, you may
use it on as many computers as are required to perform your
evaluation. Your evaluation period begins when you first install the
Program on one or more computers for evaluation purposes. Once the
evaluation period is over and you purchase the Program, your use is
subject to the following restrictions:
(A) You agree not to install or use any Personal Edition of
the Program on more than one computer at a time. However,
you may install a Personal Edition simultaneously on one
computer at home and on one portable computer, if these
computers are used primarily by the same individual, and
there is no possibility that the Program will be in use at
the same time. You agree not to use the Personal Edition
of the Program in a Business, Government or Military
Environment. The Program is identified as a Personal
Edition by the Program's "About" screen.
(B) If you purchased a Server Edition of the Program you agree
not to install or use it on more than one network file
server OR on more than 100 standalone PCs. The Program is
identified as a Server Edition by the Program's "About"
(C) If you purchased a Site Edition of the Program you may
install it on every computer at just one postal address,
usually one building. The Program is identified as a Site
Edition by the Program's "About" screen.
(D) If you purchased a Company Edition of the Program you may
install it on every computer that your company uses. The
Program is identified as a Company Edition by the
Program's "About" screen.
(6) Making and Distributing Evaluation Copies of the Program.
You may make copies of your Evaluation Copy of the Program to give to
others, as long as you include all of the files that you originally
received with your Evaluation Copy. When you give a Evaluation Copy
of the Program to another person, you agree to inform them that their
copy is to be used for a time-limited evaluation period, and that
they must purchase a Commercial Copy if they continue to use the
Program once the evaluation period has ended. You agree not to sell
Evaluation Copies of the Program or distribute them to others for any
kind of compensation or fee unless the fee solely covers your costs
in providing it to the end user.
(7) Copying Commercial Copies of the Program. When you receive a
Commercial Copy of the Program you may make copies of the Program
software which are necessary for normal backup purposes. You agree
not to make any other copies of the software, the documentation or
other materials, or any part of them, or sell, give, or make
available any copies to others, without our advance written
(8) Modification of the Program. You may not reverse-engineer,
disassemble or modify the Program in any way.
(9) Operation of the Program. The Program offers powerful
capabilities. If you do not follow our instructions, or if you use
the Program improperly, you can destroy files or cause other damage
to your software and data. You assume full responsibility for the
selection and use of the Program to achieve your intended results.
(10) LIMITED WARRANTY: The following limited warranty applies to
Commercial Copies of the Program. It is included here so you
understand what your warranty will be when you purchase a Commercial
Copy. This warranty does NOT apply to Evaluation Copies of the
Bugs and Program Errors. We don't promise that the Program will be
free of bugs or program errors. If you report a program error or bug
to us, we will use our best efforts to correct it. If we issue a
release of the Program which includes a correction for an error you
reported, we will send you an electronic copy (ie via email) of that
release at no charge if you request it.
(11) DISCLAIMERS AND LIMITATIONS. And now the legal language we
DISCLAIMER FOR EVALUATION COPIES: YOU ARE NOT PAYING FOR THE TRIAL
USE LICENSE FOR YOUR EVALUATION COPY OF THE PROGRAM. ACCORDINGLY THE
EVALUATION COPY IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND.
DISCLAIMER FOR COMMERCIAL COPIES: Except for the limited warranty
stated above, we disclaim any and all other warranties, express or
implied, oral or written, including any implied warranties of
merchantability or fitness for a particular purpose. The limited
warranty above gives you specific legal rights, but you may have
other rights, depending on where you purchased the Program.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT
OF USE OF THE PROGRAM OR YOUR RELATIONSHIP WITH US. SOME COUNTRIES OR
STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
(12) This agreement is to be interpreted under the laws of the state
of Victoria, Australia.
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