Wolosoft is willing to license this software to you
only upon the condition that you accept all of the terms
and conditions contained in the following license
agreement. Please read the terms and conditions
carefully as continuing with the setup procedure will
indicate your acceptance of all of the terms and
conditions of the license agreement ("agreement"). If
you do not agree to the terms and conditions,
Wolosoft is unwilling to license the software to you, in
which case you must immediately return the software
to William Spry, Wolfgang Loch or your authorized
dealer or destroy your copy of Raduga software.
Definitions
"Software" shall be taken as referring to the files
supplied on the diskette(s) or downloaded file and to any
and all copies, updates, modifications, functionally-equivalent
derivatives, or any parts or portions thereof.
"Licensor" shall be taken as referring to Wolosoft.
"Licensee" shall be taken as referring to the person or
business entity who purchased this License to use this
Software or for whom such License was purchased.
Grant of License
Upon acceptance of the Agreement, as evidenced by
opening the software envelope, continuing the setup
procedure or using the Software, Wolosoft grants
Licensee a non-transferable, non-exclusive,
non-sublicensable license to use one copy of the
enclosed software program (the "Software") on a
single terminal connected to a single computer.
Licensee may not network the Software or otherwise
use it on more than one computer terminal at the
same time. This Agreement gives Licensee the right
to reproduce and distribute an unlimited number of
copies of the disk sets generated by the Software,
including the files created by the Software such as
radsetup.exe provided that you are distributing these
files as part of your installation disk set as an
accompaniment to your software program.
Copyright
The Software and the accompanying documentation
is protected. It may not be reproduced in any form
except for the sole purpose of making a backup copy
for archival purposes. You may not reproduce the
written documentation accompanying the Software.
Other Restrictions
You may not use, copy, modify, or transfer the
Software or any copy, modification, or merged portion,
in whole or in part, except as expressly provided for in
this Agreement. Licensee shall not decompile,
disassemble, or reverse engineer any of the Software
or attempt to do so. Licensee shall not rent, lease,
sublicense, or transfer the Software.
Proprietary Rights
Other than any license granted herein, Licensor
retains exclusive proprietary rights (including all rights,
title, and interest) in the Software. Licensee agrees
not to represent that the Licensor is affiliated with or
approves of Licensee's application software in any
way. Licensee shall not use Licensor's name,
trademarks, or any Licensor designation in
association with Licensee's application software.
Termination
This license is effective until terminated. Licensee
may terminate it at any time by destroying all copies of
the Software covered by this Agreement and all
support files generated by the Software. It will also
terminate if Licensee fails to comply with any term or
condition of this Agreement. Licensee agrees that
upon such termination to destroy this Software,
including all copies, functionally-equivalent
derivatives, and all portions and modifications thereof
in any form.
Warranties: Disclaimers
THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF
THE SOFTWARE IS WITH YOU. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU (NOT
WOLOSOFT) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION.
Wolosoft does not warrant that the functions contained
in this Software will meet your requirements or that the
operation of this Software will be uninterrupted or
error-free. However, Wolosoft does warrant the
diskette on which the Software is furnished to be free
from defects in materials and workmanship under
normal use for a period of ninety (90) days from the
date of delivery to you.
Remedies: Limitations
Licensee's sole and exclusive remedy against
Licensor shall be, at Licensor's sole discretion:
a. the replacement of any diskette not meeting
Wolosoft's "Limited Warranty" and which is returned to
Wolosoft, or
b. if Wolosoft is unable to deliver a replacement
diskette or e-mail a new installation program which is
free of defects in materials or workmanship,
you may terminate this Agreement by returning this
Software and your money will be refunded.
IN NO EVENT WILL WOLOSOFT BE LIABLE TO YOU
FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SALES, INJURY TO PERSON OR
PROPERTY OR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THIS SOFTWARE
EVEN IF WOLOSOFT OR ITS AUTHORIZED
REPRESENTATIVE(S) HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT
SHALL LICENSOR'S LIABILITY EXCEED AMOUNTS
PAID TO LICENSOR BY LICENSEE UNDER THE
TERMS OF THE AGREEMENT.
General
Licensee may not sublicense, assign or otherwise
transfer this License or Software except as expressly
provided in this Agreement. Any attempt to
otherwise sublicense, assign, or transfer any of the
rights, duties or obligations hereunder is expressly
prohibited and will terminate this Agreement.
By opening the diskette envelope or continuing with
the setup procedure, licensee acknowledges that
licensee has read this agreement, understands it,
and agrees to be bound by its terms and conditions.
Licensee further agrees that this is the complete and
exclusive statement of the agreement between
us, which supersedes any proposal or prior
agreement, oral or written, and any other
communications between us relating to the subject
matter of this agreement.
UPDATES.
Wolosoft will provide 12 months of FREE updates upon
Your purchasing this software. After 12 months you may
Elect to subscribe to Wolosoft's update service at a cost of
$199 per year (12 months). Should you decide not to
subscribe to our update service, as a registered
purchaser and user of Raduga you may purchase
each update at 50% off the current retail price under
the following conditions. You must purchase each
released update to qualify for the 50% price
reduction. If any one update is skipped customer
will have to pay the full retail price for his next
update and the 50% price reduction policy would
be re-instated under these same conditions.