license.txt

IEEE JSSC论文(1960~2005).part111.rar

ASTAware SearchDisc (TM) v.3.1 
Software Publishing License Agreement


By downloading, installing, copying or otherwise using 
the software you or the entity for whom you act (the "End User"), 
agree to be bound by this license agreement (the "Agreement") 
with ASTAware Technologies INC. ("ASTAware") of 2489 Bloor St. W., 
Suite 100, M6S 1R6, Ontario, Canada.  Phone [phone], 
 email: [e-mail]

This Agreement provides the End User with specific rights to 
exploit the ASTAware SearchDisc (TM) software (the "Software") 
and accompanying documentation (the "Documentation") 
(collectively the "Software Product").  Except as explicitly 
provided in this Agreement, ASTAware shall retain all its right, 
title and interest in the Software Product.

If the End User is not agreeable to each and every one of the 
terms of this Agreement, the End User shall return the unopened 
Software package and Documentation to ASTAware or ASTAware's 
reseller for a full refund of the price paid.

The End User acknowledges that the Software Product is 
a valuable and proprietary asset of ASTAware.  Portions of 
the Software Product are protected by copyright law in Canada, 
the United States, and other countries.  Portions of the Software 
Product comprise ASTAware's valuable trade-secrets and know-how.  
To protect ASTAware's intellectual property rights in the Software, 
the End User agrees to include in each copy of the CD or 
Documentation published using the Software, a notice generally 
acknowledging the proprietary interest of ASTAware.

ASTAware hereby grants to the End User a non-exclusive license to:

	(a)	use the Software to create masters for replication, 
of which the cumulative total of all titles produced shall not exceed 
the quantity paid for on your invoice for same and distribute only 
the search utility feature of the Software with the End User's 
published CD-ROMs;

	(b)	load, execute or store the Software on 
a single computer;

	(c)	load, execute or store the Software on 
a second computer, provided the Software is not executed 
at any one time on more than a single computer; 

	(d)	make copies of the Software, as required to 
exercise the license granted pursuant to paragraph (b) and 
for back-up and archival purposes; and

	(e)	use the Documentation to exercise the license 
granted pursuant to paragraph (a), (b), (c) and (d).

The End User agrees not to challenge or contest, directly 
or indirectly, the validity, title or registration of any of 
ASTAware's rights associated with or in the Software Product 
or assist any person to do so.

The End User agrees to use the SearchDisc search button 
image called "search.gif" as part of HTML Search Forms.  
If the HTML Results template is modified, the copyright notice 
must not be removed.

The End User further agrees not to lend, rent, lease, copy, 
decompile, disassemble, modify, duplicate, reverse-engineer,  
create derivative works based on, or otherwise use the Software 
or Documentation or any part thereof, or permit others to 
do so except as explicitly provided in this Agreement. 

ASTAware warrants that for a period of (90) days from the 
date of acquisition, (i) the Software, if operated as directed, 
will substantially function as described in the Documentation; 
and (ii) the media containing the Software will be free from 
defects in material and workmanship.  ASTAware does not warrant 
that the Software Product is error free, nor that use of the 
Software will be continuous or error free or meet the End User's 
requirements.  In the event that the media containing the 
Software is not free from defects in material or workmanship, 
during this period ASTAware will provide the End User with 
a further copy of the media containing the Software at no charge 
to the End User.  In the event that the Software does not 
function as described in the Documentation during this period, 
ASTAware may, at its sole discretion, (i) provide the End User 
with instruction to operate the Software to perform in a manner 
reasonably equivalent to that described in the Documentation; 
(ii) provide the End User with a patch or upgrade to the Software 
that reasonably remedies the breach; or (iii) terminate 
this Agreement and refund the End User the price paid.
    
THE END USER'S SOLE REMEDY AGAINST ASTAWARE OR ASTAWARE'S 
RESELLERS FOR ASTAWARE'S BREACH HEREUNDER ARE SET OUT ABOVE.  
THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES 
OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, 
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR 
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

IN NO EVENT WILL ASTAWARE OR ITS RESELLERS BE LIABLE FOR ANY DIRECT, 
SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES 
(INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFIT, 
INFORMATION, DATA, USE OF THE SOFTWARE PRODUCT, OR THE END 
USER'S OTHER SOFTWARE) ARISING AS A BREACH OF THIS AGREEMENT OR 
FROM USE OR INABILITY TO USE THE SOFTWARE PRODUCT WHETHER IN TORT, 
NEGLIGENCE OR OTHERWISE EVEN IF ASTAWARE HAS BEEN ADVISED OF 
THE POSSIBILITY OF SUCH DAMAGES.  

If the End User does not comply with the End User's obligations 
hereunder, ASTAware may terminate this Agreement, and the license 
granted hereunder.  Upon termination of this Agreement for any reason, 
the End User must destroy all the End User's copies of the Software Product.

This Agreement shall be construed and interpreted in accordance 
with the laws of the Province of Ontario and the 
laws of Canada where applicable.  Each of the parties irrevocable 
attorns to the jurisdiction of any court within the 
Province of Ontario having subject matter jurisdiction over 
this Agreement.  
All terms and conditions of this Agreement are severable and 
the invalidity, illegality or unenforceability of any term or 
condition shall not affect the validity, legality, or enforcement 
of the remaining terms and conditions. This Agreement constitutes 
the entire agreement between the parties and supersedes any and 
all prior agreements, whether written or oral, with respect to 
the subject matters set out herein.  Waiver by either ASTAware 
or the End User of a default or breach by the other party of 
a term or obligation under this Agreement shall not constitute 
a waiver of future or other defaults or breaches.

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