Sold! V distribution permissions and end-user license agreement
* * * * * * * IMPORTANT - READ CAREFULLY * * * * * * *
LICENSE AGREEMENT FOR TIMBER CREEK SOFTWARE
* * * * * * * IMPORTANT - READ CAREFULLY * * * * * * *
BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT
("SOFTWARE"), WHICH INCLUDES THE COMPUTER SOFTWARE, ASSOCIATED
MEDIA AND PRINTED MATERIALS, YOU ARE CONSENTING TO BE BOUND BY,
AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THIS
SOFTWARE, OR ANY PORTION OF IT, ON ANY COMPUTER, DISK, DISKETTE,
SHARED NETWORK SYSTEM, OR ANY OTHER STORAGE MEDIUM.
If you are installing the SHAREWARE version of this PRODUCT,
Timber Creek Software hereby grants you the following non-exclusive
a) You may use the accompanying SOFTWARE free of charge for a
period of 30 days for the sole purpose of evaluating the
b) You may install this SOFTWARE on as many machines as you
wish provided that it is under the terms and conditions of this
agreement, and provided that it is for the sole purpose of
evaluating the SOFTWARE.
c) You may freely distribute this product (in its entirety) to
others for the sole purpose of evaluation, again, provided it is
under the terms and conditions of this agreement.
d) If, after 30 days, you wish to continue using this
SOFTWARE, you are required to purchase a LICENSE Timber Creek
Software. or one of its designated agents or resellers.
e) If, after 30 days, you do not wish to continue using this
SOFTWARE, you are required to remove this SOFTWARE, in its
entirety, from all computers on which it is installed.
f) This license does not grant you any right to any support,
bug fix, enhancement or update.
If you are installing the LICENSED version of this PRODUCT,
Timber Creek Software hereby grants you the following non-exclusive
a) You may use the SOFTWARE only on a single microcomputer at
a time, except the SOFTWARE may be executed from a common disk
shared by multiple CPU`s provided that one authorized copy of the
SOFTWARE has been licensed from Timber Creek Software or one of its`
agents/resellers for each CPU executing the SOFTWARE.
b) This LICENSE grants your rights to technical support, bug
fixes, updates and enhancements to the SOFTWARE for the duration
of this LICENSE.
c) YOU MAY NOT REDISTRIBUTE THIS SOFTWARE AND/OR ACCOMPANYING
SERIAL NUMBER TO ANY PERSON OR ORGANIZATION WITHOUT THE PRIOR
WRITTEN CONSENT OF TIMBER CREEK SOFTWARE.
This LICENSE is effective unless terminated. This LICENSE will
terminate immediately without notice from Timber Creek Software if you
fail to comply with any provision of this LICENSE. Upon ter-
mination you must destroy the SOFTWARE and all copies thereof.
You may terminate the LICENSE at any time by destroying the
SOFTWARE and all copies thereof.
Title, ownership rights, and intellectual property rights in and
to the SOFTWARE shall remain in Timber Creek Software The SOFTWARE is
protected by the copyright laws of the United States and inter-
national copyright treaties. Title, ownership rights, and
intellectual property rights in and to the content accessed
through the SOFTWARE is the property of the applicable content
owner and may be protected by applicable copyright or other law.
This license gives you no rights to such content. This SOFTWARE
is licensed, not sold.
YOU MAY NOT:
PERMIT OTHER INDIVIDUALS TO USE THE SOFTWARE EXCEPT UNDER THE
TERMS LISTED ABOVE; MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE,
DISASSEMBLE, OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE;
COPY THE SOFTWARE (EXCEPT FOR BACK-UP PURPOSES); RENT, LEAST,
TRANSFER OR OTHERWISE TRANSFER RIGHTS TO THE SOFTWARE; OR REMOVE
ANY PROPRIETARY NOTICES OR LABELS ON THE SOFTWARE.
NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIMBER CREEK
SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-
ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE
SOFTWARE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
THIS SOFTWARE IS PROVIDED ON AN `AS IS` BASIS, WITHOUT WARRANTY
OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE IS BORNE BY YOU AND NOT TIMBER CREEK SOFTWARE OR
ANY OF ITS AGENTS/RESELLERS. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU
AND NOT TIMBER CREEK SOFTWARE ASSUME THE ENTIRE COST OF ANY SERVICE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL TIMBER CREEK SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF TIMBER CREEK
SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
SOFTWARE DISTRIBUTION AGREEMENT
This Software Distribution Agreement (hereinafter referred to as "AGREEMENT") is a legal
AGREEMENT between you, and the author: TIMBER CREEK SOFTWARE for distributing the computer
software program entitled "Sold!" Standard/Shareware Version (hereinafter referred to as "SOFTWARE").
This AGREEMENT describes the terms and conditions by which TIMBER CREEK SOFTWARE will
license other parties to distribute the SOFTWARE which is intended solely for distribution
as SHAREWARE. No use, distribution or reproduction of the SOFTWARE or copies of the
SOFTWARE is authorized except in compliance with the terms and conditions herein. Distribution
of the SOFTWARE in accordance with the provisions of this Software License Agreement is encouraged.
You should carefully read the following terms and conditions before distributing this SOFTWARE.
Unless you have a different license AGREEMENT signed by TIMBER CREEK SOFTWARE, your use of this
SOFTWARE indicated your acceptance of this license AGREEMENT.
By copying or distributing this SOFTWARE, you agree to be bound by the terms and conditions
of this AGREEMENT as well as those of the "Software License Agreement".
GENERAL TERMS AND CONDITIONS
TIMBER CREEK SOFTWARE shall be credited as the owner of the SOFTWARE in all distribution of the
SOFTWARE. TIMBER CREEK SOFTWARE is the exclusive world-wide licenser of the SOFTWARE, and the
copyrights and other proprietary rights therein. The SOFTWARE is intended solely for distribution
as SHAREWARE (i.e., try-before-you-buy software); it is not public domain or free software or freeware.
The SOFTWARE shall be identified by name and shall be identified as SHAREWARE in all distribution.
You may copy and/or distribute the SOFTWARE only in its original, unaltered form, with all files
included unmodified, and without making any additions, modifications or deletions except as provided
in this paragraph. You may not modify the SOFTWARE or any of its files, and the SOFTWARE must be
distributed as a complete package. You may not change, delete, merge or rename any files or elements
of the SOFTWARE in any manner, and you may not add any files or new elements (except for installation
routines which do not interfere with the proper operation or installation of the SOFTWARE).
Since the SOFTWARE is intended for distribution only as SHAREWARE, you shall not charge any fee or other
compensation for the SOFTWARE, although you may charge a distribution fee for costs associated with
distributing the SOFTWARE. You are permitted, and encouraged, to make and distribute copies of the
SOFTWARE to your friends, family members and co-workers for your and their private non-commercial
use, in compliance with the terms and conditions hereof.
You recognize that your right to distribute the SOFTWARE is nonexclusive and that TIMBER CREEK SOFTWARE
can terminate the license granted to you at any time for any reason upon notice. TIMBER CREEK SOFTWARE
reserves the right to withhold or withdraw permission to distribute the SOFTWARE from anyone at any
time for any reason. The other provisions hereof shall survive any expiration or termination of this
You shall take reasonable steps to ensure that the SOFTWARE and any other software, documentation
and other materials distributed with the SOFTWARE are free from viruses.
You may not use, copy, modify, distribute or transfer the SOFTWARE or any element thereof in whole
or in part, except as expressly provided for herein.
You may not rent or lease the SOFTWARE to anyone.
TIMBER CREEK SOFTWARE reserves the right to update the contents of the SOFTWARE and its associated
files, documentation and/or other elements, at its discretion from time to time, without the consent
of, or any obligation to, any licensed users or distributors.
You will hold TIMBER CREEK SOFTWARE, family members, distributors, licensees, sub-licensees and
lawyers harmless from and against any and all claims, actions, damages, losses, liabilities, costs
and expenses arising directly or indirectly from your acts and omissions in copying and distributing
If any provision of this AGREEMENT is held to be void, invalid or unenforceable, it will not affect
the validity of the balance of this AGREEMENT, which shall remain valid and enforceable according
to its terms and conditions.
This agreement shall be governed by the laws of the US.
SPECIAL TERMS AND CONDITIONS
Distribution by BBS, on-line Services, FTP, FSP, News, WWW, Satellite, Other File Transfer
Protocols: The SOFTWARE and associated files may be copied, used and posted without charge
and permission as long as the "General Terms and Conditions" set forth above are complied with.
Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types in a non-retail environment:
The SOFTWARE and associated files may be copied, and used and posted without charge and permission
as long as the "General Terms and Conditions" set forth above are complied with.
Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types by Anonymous access FTP/WWW Shareware
Archives: (e.g., WinSite, SimTel, Windows95, etc.) The SOFTWARE and associated files may be copied,
used and posted without charge and permission as long as the "General Terms and Conditions" set
forth above are complied with.
Distribution on Magazine Companion Disk / CD-ROM / Other Disk Types: The program and associated
files may be copied, used and posted without charge and permission as long as the "General Terms and
Conditions" set forth above are complied with. I would greatly appreciate if you would inform me
about any review(s) you write about the SOFTWARE. Thanks.
Other (e.g. Retail not covered above) CD-ROM Shareware Distribution: You may not distribute the
program without obtaining explicit permission from TIMBER CREEK SOFTWARE.
Internet Providers Disk / CD-ROM / Demo Disks / Connection Kits / etc.: You may distribute this
SOFTWARE on your disk/CD only as bundled shareware with other programs without charge and permission
as long as the "General Terms and Conditions" set forth above are complied with. If you intent to
provide the program for your own diagnostic purposes then you may not distribute the program without
obtaining explicit permission from the TIMBER CREEK SOFTWARE.
Software/Hardware Manufacturers & Suppliers: You may not distribute the program pre-installed or
otherwise on the machines you manufacture/distribute/etc. or bundled with your own products without
obtaining explicit permission from TIMBER CREEK SOFTWARE.
Other Type of Distribution: Please contact TIMBER CREEK SOFTWARE for details.
BY DISTRIBUTING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND
YOU AGREE TO BE BOUND BY THIS AGREEMENT`S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES
ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.