Arc Menu distribution permissions and end-user license agreement
This program and the accompanying files and documentation are
Copyright (c) 1990- 2003 DataMystic
All rights reserved
This file contains our end user license. 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)
Plain English Evaluation License Agreement and Limited Warranty
1. SUMMARY. You may install this SOFTWARE on a single computer. If
you are the primary user of that computer, you may also install a
second copy for your exclusive use on a home or portable computer.
This is a legal agreement between you and CRYSTAL. By using the
SOFTWARE you are agreeing to be bound by the terms of this Agreement.
If you do not agree to the terms of this Agreement, do not use the
2. DEFINITIONS. In this agreement:
* "SOFTWARE" means the computer program you have purchased
or obtained for evaluation, including the program,
associated documentation and other materials;
* "Evaluation Copy" means a copy of the SOFTWARE distributed
by us or by our authorised agents for evaluation purposes
and which is described as an "Evaluation Edition" by the
SOFTWARE's "About" screen;
* "Commercial Copy" means a copy of the SOFTWARE 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 SOFTWARE's "About" screen;
* "you" means the end user of the SOFTWARE. This can be
either an individual or an entity.
3. GRANT OF LICENSE. CRYSTAL grants to you the right to use one copy
of the enclosed SOFTWARE on a single computer. The SOFTWARE is in
"use" on the computer when it is loaded into temporary memory (i.e.
RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or
other storage device) of the computer. However, installation on a
network server for the sole purpose of distribution to one or more
other computer(s) shall not constitute "use" for which a separate
license is required, provided you have separate license for each
computer to which the SOFTWARE is distributed.
4. COPYRIGHT. The SOFTWARE is owned by CRYSTAL and is protected by
copyright laws and international treaty provisions and all other
applicable national laws. Therefore, you must treat the SOFTWARE
like any other copyrighted material (e.g. a book or musical
recording) except that you may either (a) make one copy of the
SOFTWARE solely for backup or archival purposes, or (b) transfer the
SOFTWARE to a single hard disk provided you keep the original solely
for backup or archival purposes. You may not copy the user
documentation provided with the SOFTWARE.
5. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but
you may transfer the SOFTWARE and accompanying written materials on a
permanent basis provided you retain no copies and the recipient
agrees to the terms of this Agreement. If the SOFTWARE is an update
or has been updated, any transfer must include the most recent update
and all prior versions. You may not reverse engineer, decompile, or
disassemble the SOFTWARE.
6. EVALUATION PERIOD. You may use an Evaluation Copy of the SOFTWARE
for up to 30 days in order to determine whether it meets your needs.
Once the evaluation period ends, you agree to either purchase a
Commercial Copy of the SOFTWARE, or stop using the Evaluation Copy.
7. USE OF THE SOFTWARE. While you are evaluating the SOFTWARE, you
may use it on as many computers as are required to perform your
evaluation. Your evaluation period begins when you first install the
SOFTWARE on one or more computers for evaluation purposes. Once the
evaluation period is over and you purchase the SOFTWARE, your use is
subject to the following restrictions:
8. MAKING AND DISTRIBUTING EVALUATION COPIES OF THE SOFTWARE. You
may make copies of your Evaluation Copy of the SOFTWARE to give to
others, as long as you include all of the files that you originally
received with your Evaluation Copy. When you give an Evaluation Copy
of the SOFTWARE 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
SOFTWARE once the evaluation period has ended. You agree not to sell
Evaluation Copies of the SOFTWARE 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.
9. OPERATION OF THE SOFTWARE. The SOFTWARE offers powerful
capabilities. If you do not follow our instructions, or if you use
the SOFTWARE 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 SOFTWARE to achieve your intended results.
10. LIMITED WARRANTY. The following limited warranty applies to
Commercial Copies of the SOFTWARE. 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 SOFTWARE Errors. We don't promise that the SOFTWARE will be
free of bugs or errors. If you report an error or bug to us, we will
use our best efforts to correct it. If we issue a release of the
SOFTWARE which includes a correction for an error you reported, we
will send you an electronic copy (ie via email) of that release at no
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 SOFTWARE. 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 SOFTWARE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT
OF USE OF THE SOFTWARE 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.
END OF LICENSE AGREEMENT
If you are a
* Shareware distributor
* Disk vendor
* Web site
* CDROM publisher
* Book publisher
* Software bundler
* or any other organisation or person
you may distribute the Evaluation Editions (*) of all DataMystic programs provided the following conditions are met:
1. You must inform the buyer that they are paying for your service,
not for the programs, and that the programs must be purchased if they
wish to continue using them after the evaluation period.
2. You must include all original files included with the program,
and you must not modify these files in any way. If required, you may
add new files of your own.
3. You must let us know by email if you include our software in
your collection. We can then keep you informed of the latest version.
(*) All programs use the HelpAbout dialog or the -? Command line
parameter to identify that they are an Evaluation Edition.
Voice: +61-3 9913-0595 (GMT+10 hours)
Mail: Simon Carter
5 Bond St