Home Up license preface
License for Victor John Serge's book Evolving Men or Johns' Customs.
READ THIS AGREEMENT CAREFULLY BEFORE USING THE Soft-ware EMBODIED IN a Floppy Disk or Compact Disk Read Only Memory (FD or CD-ROM) DISTRIBUTED WITH THIS LICENSE AGREEMENT, or if loaded or provided AS PART OF A COLLECTION of files that was loaded or gathered from the web (the "Soft-ware"). Embodied in the Software are the books "Evolving Men or Johns' Customs, 1-2)" and related documentation. VICTOR JOHN SERGE is the licensor under this Agreement and you are the Licensee. By using the Soft-ware, in completely or in part, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the Software to the authorized distributor from whom you received or bought the floppy disc or read only memory disk (or if down loaded - delete the Soft-ware, or if provided as part of a collection - cease use of the Soft-ware). Title to the Soft-ware and all copyrights and other proprietary rights therein are owned by VICTOR J. SERGE. All rights therein, except those expressly granted to you in this Agreement, are reserved by VICTOR J. SERGE. 1. Limited License VICTOR J. SERGE grants you a non-exclusive, non-transferable license to install and use the Soft-ware in a single location on a hard disk or other storage device (the "Hard-ware"), and to make a single archival copy of the Soft-ware. VICTOR J. SERGE grants you only a non-exclusive, non-transferable license to use the Soft-ware for educational or non-commercial purpose. a. The term "non-commercial" means that the product is not used for any commercial purpose, which includes, but is not limited to, any activity engaged for the purpose of generating revenues (directly or indirectly). For example, a commercial purpose includes the use of the product within a commercial business or facility or the use of the product to provide a service, or in support of service, for which you charge. Commercial purpose also includes use by any government agency or organization. Examples of non-commercial purposes include use at home for personal correspondence, use by students for academic activities, or use by human rights organizations. The soft-ware is in "use" when its files are loaded into the temporary memory (i.e., RAM - random access memory) or installed into the permanent memory (e.g., hard disk, ROM - read only memory, or other reading device that is connected to the mother-board) of a computer for the purpose of being accessible in client-mode by an end user. b. Under no circumstances may you distribute any unaltered or altered version of the Soft-ware through any means, including, without limitation, personal bulletin boards, fttp sites, CompuServe, the Web, floppy disk, paper, or other storage device, or under any name, including without limitation, your name, Victor J. Serge's name or any third party's name, nor may you distribute or market the Soft-ware that contain altered or unaltered portions of the books "Evolving Men or Johns' Customs, 1-2)". In no event shall Victor J. Serge's distribution of the Soft-ware with related documentation imply or result in a diminishment or impairment of Victor J. Serge's copyright in the book. This Agreement and your rights hereunder shall automatically terminate if you fail to comply with any provision of this Agreement. Upon such termination, you shall cease all use of the Soft-ware. Further you shall delete the Soft-ware and destroy any archival copies of the Soft-ware in your possession or under your control, or, if loaded or if provided as part of a collection, you shall cease use of and destroy any and all copies of the Soft-ware in your possession or under your control. 2. Additional Restrictions a. You shall not copy the Soft-ware or any component thereof, except for a single archival copy pursuant to paragraph 1 above. You shall not rent, lease, sell or sublicense the Soft-ware. Any attempt to do so shall be void and of no effect. To obtain additional copies of the Soft-ware, refer to the web sites: http://www.evolving-men.org or http://victorian.fortunecity.com/milton/864 or http://members.fortunecity.com/vjs1 or http://vicserge.worldlinkisp.com b. You shall not (and shall not permit other persons or entities to) merge, modify, include in other Soft-ware, or translate the Soft-ware or any its part. c. You shall not (and shall not permit other persons or entities to) remove or obscure Victor J. Serge's copyright, trademark or other proprietary notices or legends from any of the materials contained in this package or down-loaded. 3. Limited Warranty THE SOFT-WARE PRODUCT IS PROVIDED WITH WARRANTY OF 60 DAYS FOR EXCHANGE IF IT WAS DAMAGED DURING DELIVERY TO THE BUYER. NO MONEY WILL BE RETURNED. THE CUMULATIVE LIABILITY OF VICTOR J. SERGE or HIS AUTHORIZED DISTRIBUTORS OF THIS SOFT-WARE PRODUCT TO YOU or ANY OTHER PARTY FOR ANY LOSS or DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS or ACTIONS ARISING OUT OF or RELATING TO THESE TERMS AND CONDITIONS SHALL NOT EXCEED ONE DOLLAR OF THE UNITED STATES. IN NO EVENT SHALL VICTOR J. SERGE or HIS AUTHORIZED DISTRIBUTORS OF THIS SOFT-WARE PRODUCT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL or EXEMPLARY DAMAGES or LOST PROFITS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, or OTHER PECUNIARY LOSS) ARISING OUT OF THE USE or INABILITY TO USE THIS SOFT-WARE PRODUCT, EVEN IF VICTOR J. SERGE AND HIS AUTHORIZED DISTRIBUTORS OF THIS SOFT-WARE PRODUCT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION or LIMITATION OF IMPLIED WARRANTIES or LIMITATION OF LIABILITY FOR INCIDENTAL or CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS or EXCLUSIONS MAY NOT APPLY TO YOU. 4. General Provisions Nothing in this Agreement constitutes a waiver of Victor J. Serge's rights under the United States copyright laws or any other Federal, state, local or foreign law. You are responsible for installation, management, and operation of the Soft-ware. This Agreement shall be construed, interpreted and governed under the laws of the State and County of New York. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or non-enforceable, the remaining provisions shall remain in full force and effect. You agree that the Soft-ware will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. If you agree with the license, click the "submit" button; that would mean you agree and signed the license. Then wait about 3 minutes while your modem does its job.
Victor J. Serge created this page and revised it on 04/13/03