WizLINK shareware version LICENSE AGREEMENT ------------------------------------------- This file contains important license information regarding the use of WizLINK 2.0 shareware version. This information applies to individual users who wish to pass copies out to friends and associates. User Groups, Computer Clubs, Disk Vendors and Distributors, Subscription Services, Disk-of-the-Month Clubs, etc., should refer to the VENDOR.DOC text file for complete information relating to them. BBS SYSOPs should refer to the SYSOP.DOC file for complete information relating to them. PLEASE! Show your support for Shareware by registering the programs you actually use. WIZ-TEC Computing Technologies Inc. depends upon and needs your support. Thank you! This is a legal agreement between you and WIZ-TEC Computing Technologies Inc., herein after called WIZ-TEC. By installing and/or using (evaluating) the WizLINK shareware version, herein after called the SHAREWARE or refered to as the software, you fully understand and agree to be bound by all the terms and conditions of this License Agreement. 1. COPYRIGHT AND PRODUCT DESCRIPTION ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ WizLINK is copyright (c) 1992-1993 and trademark of WIZ-TEC Computing Technologies Inc. All rights reserved worldwide. WIZ-TEC Computing Technologies Inc., herein after called WIZ-TEC, is a corporation registered at the province of ALBERTA, CANADA. The WizLINK products are NOT "Public Domain" and they are NOT "Freeware". The WizLINK shareware version (which has no serial number) is a software package for users' evaluation of the WizLINK standard version. The WizLINK shareware version and WizLINK standard version are two different software packages applied and bound with their respective software license agreements. The WizLINK standard version is for registered WizLINK individuals, businesses, corporations, institutions and government agencies only. The following is a list of files included in the WizLINK shareware package: - INSTALL.EXE WizLINK installation program - WizLINK.COM WizLINK program for both the Host mode and Remote mode - WizCHAT.COM WizLINK utility program for "screen chat" - WizLINKu.EXE WizLINK utility program with 100 phone entries - WizLINK.VVD support file for WizLINKu (screen resource) - WizLINK.HLP support file for WizLINKu (on-line help and documents) - WizLINK.LST support file for WizLINKu (pick lists) - README.DOC Readme file. Important, read first please - LICENSE.DOC WizLINK shareware version license agreement - MANUAL.DOC WizLINK User's Manual - REGISTER.DOC WizLINK price table, registration and order form - DESCRIBE.DOC Sample descriptions for catalogs, BBSs, etc. - SYSOP.DOC Information for BBS and on-line service distribution - VENDOR.DOC Information and restrictions for disk vendors, user group, distributors, and more - WARRANTY.DOC Important Warranty Information - SITELICE.DOC WizLINK standard version site License Info and Agreement Most of the files are compressed into "WizLINK2.EXE", a self-extracting file using LHA213 (Copyright Haruyasu Yoshizaki 1988-1991). In the form of BBS file distribution, all the files are compressed into one file named "WZLINK20" with the according file extention (ZIP, PAK, ARC, LZH, ZOO, etc.) The following terms and conditions outline the License Agreement of the WizLINK shareware version, here after called the SHAREWARE. 2. THE SHAREWARE LIMITED LICENSE ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ You acknowledge and agree that the SHAREWARE is owned by WIZ-TEC, protected under the copyright law, international treaty provisions and trade secret laws of general applicability. You further acknowledge and agree that all rights, title, and interest in and to WIZ-TEC are and shall remain with WIZ-TEC. Any use of the SHAREWARE in violation of Copyright law or the terms of this limited license will be prosecuted to the best of our ability. WIZ-TEC Computing Technologies Inc. grants you without charge the rights to use the SHAREWARE for evaluation purpose only a period not to exceed sixty (60) days. If you intend to continue using or distributing this SHAREWARE (and/or it's documentation) after the sixty (60) day evaluation period, you MUST make a registration payment to WIZ-TEC Computing Technologies Inc. Using this SHAREWARE after the sixty (60) day evaluation period, without registering the SHAREWARE is a violation of the terms of this limited license. WIZ-TEC Computing Technologies Inc. also grants you without charge the rights to copy and distribute the SHAREWARE on the expressed condition that you do not receive any payment, commercial benefit, or other consideration for such reproduction or distribution, or change any content including this license agreement or the following copyright notice which appears in the SHAREWARE, documentation, user interface, menus and magnetic media. Such distribution must be solely for the distributees' evaluation (i.e., to decide whether to continue using the product and therefore register), as clearly out lined in "Limited Distribution License". The SHAREWARE may NOT be sold or otherwise provided as part of a larger system, or as a part of a more inclusive product or service, without express written consent and licensing from WIZ-TEC Computing Technologies Inc. The rights to receive any such financial or other benefit, and to modify the product or employ its components in any kind of derivative work, are reserved exclusively by WIZ-TEC. Corporations, institutions, organizations, government agencies and businesses may not use the SHAREWARE other than for a one time thirty (30) day evaluation. License arrangements may be made by contacting WIZ-TEC. The SHAREWARE is licensed as "as is" without warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, functionality, data integrity, or protection. All warranties are express disclaimed. The person installing/using (evaluating) the SHAREWARE bears all the risk as to the quality and performance of the SHAREWARE. WIZ-TEC, its officers, directors, employees, shareholders, affiliates, owners and other related parties will not be liable for any special, incidental, consequential, indirect, exemplary or other damages or lost profits due to loss of data or any other reason, even if WIZ-TEC has been advised or notified of the possibility of such damages in advance. In no event shall WIZ-TEC's liability for any damages ever exceed the price paid for the license to use the SHAREWARE regardless of the form of claim. You may not change or modify any content of the SHAREWARE. You may not reverse-engineer, disassemble, translate, modify, decompile or create derivative works of the SHAREWARE. You acknowledge that the SHAREWARE includes certain trade secrets and confidential information, all of which is the copyrighted intellectual property of WIZ-TEC Computing Technologies Inc. You may not rent, lease, or sub-license the SHAREWARE. You shall not use, copy or transfer the licensed program except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license. All rights not expressly granted here are reserved to WIZ-TEC. The Agreement shall be constructed and enforced in accordance with the laws of the PROVINCE OF ALBERTA. Any action or proceeding brought by either party against the other arising out of or related to this Agreement shall be brought only in a PROVINCE or FEDERAL COURT of competent jurisdiction located in CALGARY, ALBERTA. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. 3. THE SHAREWARE LIMITED DISTRIBUTION LICENSE ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NOTE: User Groups, Computer Clubs, Disk Vendors and Distributors, Subscription Services, Disk-of-the-Month Clubs, etc., should refer to the VENDOR.DOC file for complete information relating to them. In general, the SHAREWARE may be reproduced and distribute by Disk Vendors, User Groups, Computer Clubs, and Distributors provided that (1) all files and their contents are present and unaltered (2) it is for the sole purpose of shareware distribution (3) the total fee charged may not exceed $10.00 each copy, including postage, mailer and any other charges (4) clear indication to all the distributees (a) the SHAREWARE product name, version and copyright notice (b) it is a "shareware" that full registration is required regardless of any charge or service. (5) the catalog or listing must state that this program is not free, but is copyrighted software that is provided to allow the user to evaluate it before paying. The above distribution licensing terms granted by WIZ-TEC Computing Technologies Inc. may be stopped at any time, under any condition, for any reason if WIZ-TEC so requests. NOTE: BBS SYSOPs should refer to the SYSOP.DOC file for complete information relating to them. In general, the SHAREWARE may be reproduced and distributed among Electronic Bulletin Board System (BBS's, including on-line commercial services) provided that (1) all files and their contents are present and unaltered (2) it is for the sole purpose of shareware distribution (3) the fee charged may not exceed $10.00 each copy for such distribution or reproduction (4) clear indication to all the distributees (a) the SHAREWARE product name, version and copyright notice (b) it is a "shareware" that full registration is required regardless of any charge or service. The above distribution licensing terms granted by WIZ-TEC Computing Technologies Inc. may be stopped at any time, under any condition, for any reason if WIZ-TEC so requests. NOTE: Association of Shareware Professionals (ASP) approved distributors. This authorization will be automatically granted to distributors recognized by the Association of Shareware Professionals (ASP) as adhering to its guidelines for shareware distributors, and such distributors may begin offering the SHAREWARE immediately (however WIZ-TEC must still be advised so that the distributor can be kept up-to-date with the latest version of the SHAREWARE). Please refer to SYSOP.DOC or VENDOR.DOC for complete information. Individuals are hereby granted permission by WIZ-TEC Computing Technologies Inc. to copy the SHAREWARE diskette for their own use (for evaluation purposes) or for other individuals to evaluate, ONLY when the following conditions are met. General terms: copy and/or distribute the SHAREWARE on the expressed condition that you do not receive any payment, commercial benefit, or other consideration for such reproduction or distribution, or change any content including this license agreement or the following copyright notice which appears in the SHAREWARE, documentation, user interface, menus and magnetic media. Such distribution must be solely for the distributees' evaluation (i.e., to decide whether to continue using the product and therefore register). The SHAREWARE package, including all related program files and documentation files, CANNOT be modified in any way and must be distributed as a complete package, without exception. No price or other compensation may be charged for the SHAREWARE package. A distribution cost may be charged for the cost of the diskette, shipping and handling, as long as the total (per disk) does not exceed US$10.00 in the U.S. and Canada, or US$12.00 internationally. The PRINTED User's Manual may not be reproduced in whole or in part, using any means, without the written permission of WIZ-TEC Computing Technologies Inc. In other words, the disk-based documentation may not be distributed in PRINTED (hardcopy) form. The SHAREWARE may NOT be sold or otherwise provided as part of a larger system, or as a part of a more inclusive product or service, without express written consent and licensing from WIZ-TEC Computing Technologies Inc. The rights to receive any such financial or other benefit, and to modify the product or employ its components in any kind of derivative work, are reserved exclusively by WIZ-TEC. You may not change or modify any content of the SHAREWARE. You may not reverse-engineer, disassemble, translate, modify, decompile or create derivative works of the SHAREWARE. You acknowledge that the SHAREWARE includes certain trade secrets and confidential information, all of which is the copyrighted intellectual property of WIZ-TEC Computing Technologies Inc. You may not sell, rent, lease, transfer, or sub-license the SHAREWARE. You shall not use, copy or transfer the licensed program except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license. The SHAREWARE is licensed as "as is" without warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, functionality, data integrity, or protection. All warranties are express disclaimed. The person installing/using (evaluating) the SHAREWARE bears all the risk as to the quality and performance of the SHAREWARE. WIZ-TEC, its officers, directors, employees, shareholders, affiliates, owners and other related parties will not be liable for any special, incidental, consequential, indirect, exemplary or other damages or lost profits due to loss of data or any other reason, even if WIZ-TEC has been advised or notified of the possibility of such damages in advance. In no event shall WIZ-TEC's liability for any damages ever exceed the price paid for the license to use the SHAREWARE regardless of the form of claim. U.S. and CANADIAN Government Information: Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to the restricted rights applicable to commercial computer software as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (DFARS 52.227- 7013). The Contractor/manufacturer is WIZ-TEC Computing Technologies Inc., P.O.BOX 80100, 55 Castleridge Blvd. N.E., Calgary, Alberta, CANADA T3J 3L6 All rights not expressly granted here are reserved to WIZ-TEC Computing Technologies Inc. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Sample of WizLINK standard version License Agreement -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- WizLINK standard version LICENSE AGREEMENT (SAMPLE) --------------------------------------------------- WizLINK is copyright (c) 1992-1993 and trademark of WIZ-TEC Computing Technologies Inc. All rights reserved worldwide. WIZ-TEC Computing Technologies Inc., herein after called WIZ-TEC, is a corporation registered at the province of ALBERTA, CANADA. WizLINK standard version, herein after called the SOFTWARE, is NOT the shareware version. WizLINK shareware version, with its limited 60 days evaluation License and without a serial number, is the SOFTWARE's evaluation package. This License Agreement applies and binds you to WizLINK standard version (the SOFTWARE). The following is a list of files included in the WizLINK standard version: - INSTALL.EXE WizLINK installation program - WizLINK.COM WizLINK program for both the Host mode and Remote mode - WizCHAT.COM WizLINK utility program for "screen chat" - WizLINKu.EXE WizLINK utility program with 100 phone entries - WizLINK.VVD support file for WizLINKu (screen resource) - WizLINK.HLP support file for WizLINKu (on-line help and documents) - WizLINK.LST support file for WizLINKu (pick lists) - README.DOC Readme file. Important, read first please - LICENSE.DOC WizLINK shareware version license agreement - MANUAL.DOC WizLINK User's Manual - REGISTER.DOC WizLINK price table, registration and order form - DESCRIBE.DOC Sample descriptions for catalogs, BBSs, etc. - SYSOP.DOC Information for BBS and on-line service distribution - VENDOR.DOC Information and restrictions for disk vendors, user group, distributors, and more - WARRANTY.DOC Important Warranty Information - SITELICE.DOC WizLINK standard version site License Info and Agreement This is a legal agreement between you, the end user, and WIZ-TEC Computing Technologies Inc. By installing and/or using the SOFTWARE, you fully understand and agree to be bound by all the terms and conditions of this License Agreement. 1. GRANT OF LICENSE. WIZ-TEC grants to you, and you accept, a non-exclusive license to use one copy of the enclosed SOFTWARE on a single computer or on a single terminal connected to a single computer. You may not network the SOFTWARE or otherwise use it on more than one computer or computer terminal at the same time. You may not duplicate or distribute this SOFTWARE in any form under any condition without obtaining a written license agreement from WIZ-TEC, other than making one (1) copy solely for backup purpose. 2. COPYRIGHT AND WIZ-TEC'S RIGHTS. You acknowledge and agree that the SOFTWARE is owned by WIZ-TEC, protected under the copyright law, international treaty provisions and trade secret laws of general applicability. You further acknowledge and agree that all rights, title, and interest in and to WIZ-TEC are and shall remain with WIZ-TEC. Any use of the SOFTWARE in violation of Copyright law or the terms of this limited license will be prosecuted to the best of our ability. 3. OTHER RESTRICTIONS. You may not change or modify any content of the SOFTWARE. You may not reverse-engineer, disassemble, translate, modify, decompile or create derivative works of the SOFTWARE. You acknowledge that the SOFTWARE includes certain trade secrets and confidential information, all of which is the copyrighted intellectual property of WIZ-TEC Computing Technologies Inc. You may not rent, lease, or sub-license the SOFTWARE. But you may transfer the SOFTWARE on a permanent basis provided you retain no copies of either the SOFTWARE or its documentation, and the recipient agrees to the terms and conditions of this License Agreement. All rights not expressly granted here are reserved to WIZ-TEC. Although the SOFTWARE, like many other communication software, provides functions for both ends of the communication (the Remote and Host), one SOFTWARE (identified by its serial number) may only be used on a single computer or on a single computer terminal as stated under "GRANT OF LICENSE". 4. TERM. This License Agreement is effective and shall remain in force until terminated. The License Agreement will be terminated if you fail to comply with any term or condition of this Agreement. Upon any such termination you will either destroy or return to WIZ-TEC the original and any copies of the SOFTWARE, and related documentation. 5. LIMITED WARRANTY, DISCLAIMER, AND LIMITATION OF LIABILITY. WIZ-TEC warrants the physical diskette(s) and physical documentation provided with SOFTWARE to be free of defects in materials and workmanship for a period of ninety days from the date of registration. If WIZ-TEC Computing Technologies Inc. receives notification within the warranty period of defects in materials or workmanship, and such notification is determined by WIZ-TEC Computing Technologies to be correct, WIZ-TEC will replace the defective diskette(s) or documentation. The person using the SOFTWARE bears all the risk as to the quality and performance of the SOFTWARE. The entire and exclusive liability and remedy for breach of this Limited Warranty shall be limited to replacement of defective diskette(s) or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the SOFTWARE, or special, incidental, or consequential, indirect, exemplary, damages or other similar claims, or any other reasons, even if WIZ-TEC Computing Technologies Inc. has been specifically advised of the possibility of such damages. In no event will WIZ-TEC Computing Technologies Inc.'s liability for any damages to you or any other person ever exceed the lower of suggested list price or actual price paid for the license to use the SOFTWARE, regardless of any form of the claim. WIZ-TEC Computing Technologies Inc. MAKES AND LICENSEE RECEIVES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, DATA INTEGRITY, OR PROTECTION. ALL OTHER WARRANTIES ARE EXPRESS DISCLAIMED. 6. GOVERNING LAW. The Agreement shall be constructed and enforced in accordance with the laws of the PROVINCE OF ALBERTA. Any action or proceeding brought by either party against the other arising out of or related to this Agreement shall be brought only in a PROVINCE or FEDERAL COURT of competent jurisdiction located in CALGARY, ALBERTA. 7. SEVERABILITY. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.