Dwyco Video Conferencing distribution permissions and end-user license agreement
SOFTWARE LICENSE AGREEMENT
Please read this agreement before continuing.
CDC32 is Copyright 1995-2005 (c) Dwyco, Inc., All rights reserved.
This distribution of CDC32 is Freeware (version 2.97beta).
You are welcome to use it for as long as you like. There is no
expiration on the software. If your usage of the system is
consistent with typical usage patterns of users that employ
the software as a chat site, you will probably never be asked to pay
for the Dwyco service. If you use the system as something other
than a "chat" site, you may be asked to pay for a subscription
to the Dwyco service.
Instructions for buying a subscription to the Dwyco service are
available by clicking Help|How to buy a subscription...
or clicking on the credit-card button on the toolbar after starting the program.
You MAY make copies of the program for your personal or
friends` use, upload it to Web sites, post it to newsgroups, or
distribute it through other channels as long as no direct fee is charged
for the software. No part of this license shall imply that
copies of CDC32 can be redistributed or remarketed with other products
without the prior written consent of Dwyco, Inc.
IN ANY CASE, NO MATTER WHAT THE DISTRIBUTION MEDIA,
THE DISTRIBUTION FILE (dwyco297.exe) MUST NOT BE MODIFIED IN ANY WAY.
If you`d like to distribute the software in a compilation
please drop us a line at:
We`re mainly concerned with getting you the latest and greatest
version of the program.
You can also visit http://www.dwyco.com, where the latest
software (or pointers to it) can be obtained.
By proceeding to run CDC32, hereinafter referred to as "Program",
you signify your acceptance of this license agreement.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, you may not use,
copy, modify or transfer this program or any part thereof, and
you may not transfer any rights granted hereby.
If you do not agree with the terms, you must remove this software
program from your computer systems.
A. You agree:
1. That Dwyco, Inc. retains all rights and title to the Program;
2. Not to try to list or reconstruct, by any means, the source
code of the Program;
3. Not to add, remove or change any part of the Program, including,
but not limited to, product identification or notices
from the Program or any support material;
4. To prevent others from violating the terms listed above.
B. In addition, here is some standard protective language:
1. Termination. This license shall be automatically terminated upon
breech of any term of this Agreement by you. Upon termination,
you must immediately destroy all of your copies of the Program.
All of your obligations and the rights of Dwyco, Inc.
hereunder shall survive termination.
2. Limitation on Liability; Exclusive Remedy. DWYCO, INC.
IS NOT RESPONSIBLE FOR LOSS OR INACCURACY OF DATA, OR FOR ANY
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT
LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS. ANY LIABILITY
OF DWYCO, INC. UNDER ANY LEGAL THEORY WHATSOEVER WILL
BE LIMITED TO PRODUCT REPLACEMENT OR IF UNENFORCEABLE, TO REFUND
OF THE LICENSE FEE.
3. General. Due to the unique nature of the Program and the
competitive advantage it gives Dwyco, Inc., there can
be no adequate remedy at law for any breach of your obligations
hereunder and upon any such breach or any threat thereof,
Dwyco, Inc. shall be entitled to appropriate equitable
relief in addition to whatever other remedies it might be
entitled. This Agreement is a complete and exclusive statement
of the agreement between you and Dwyco, Inc. concerning
the Program that supersedes all representations, proposals or
prior agreements, oral or written. This Agreement can only
be modified by a duly executed writing. This Agreement shall
be governed by and construed in accordance with the laws of
the State of Colorado, without regard to any conflict of laws
The prevailing party in any legal action brought to enforce
this Agreement shall be entitled to legal fees and costs.
No delay or failure to exercise any right hereunder shall be
deemed to be a waiver thereof and any waiver of any right
or condition shall not apply to any other time or right.
The exclusive jurisdiction and venue of any action with respect
to this agreement shall be the Superior Court of Colorado
for the County of Boulder or the United States District Court
for the State of Colorado, and each of the parties hereto
submits itself to the exclusive jurisdiction and venue of
such courts for the purpose of any such action.
4. Warranty. Software programs, however embodied, are provided
"AS IS" and Dwyco, Inc. makes no warranty or
representation, whether express or implied, including but
not limited to the implied warranties of merchantability,
fitness for a particular purpose and noninfringement. With
respect to any software, its quality, performance, merchantability,
or fitness for any particular purpose, you bear the entire risk
as to quality and performance. Should the software programs
prove defective following purchase you assume the entire cost
of all necessary servicing or repair.
Federal law provides severe civil and criminal penalties for
the unauthorized reproduction or distribution of copyrighted
computer software programs. No copyright notice shall be
deemed to imply that the Program has been placed in the