-------------------------------------- 3D Starchart 1.0.1 Copyright © 1997, Joe Kloss Joe Kloss 13700 Alton Parkway, Ste. 154 Irvine, California 92718 KlossSoft@kagi.com axly@deltanet.com http://www.deltanet.com/users/axly/ --------------------------------------- Software Licensing Agreement 1. Introduction This is an Agreement between Joe Kloss and a user of 3D Starchart under which Joe Kloss is licensing software on a non-exclusive basis under the conditions stated below. 2. Definitions -"Agreement" shall mean this Agreement between Joe Kloss and the user of 3D Starchart. -"user" shall mean (a) anyone who is using 3D Starchart for the purpose of evaluation or (b) a customer who has registered 3D Starchart. -"Program" shall mean the machine-readable object code of 3D Starchart 3. Grant of License Joe Kloss hereby grants you a non-exclusive license to use 3D Starchart if (a) your use of the 3D Starchart is for the purpose of evaluating whether to purchase an ongoing license to use the Software or (b) you are a registered user of 3D Starchart. Whereas if you are using the software for evaluation you are only permitted to be annoyed by the annoying Register Me Hollywood Computer Banner Thingy. Registered users are entitled to free minor updates to the Software and discounts on major upgrades. You may only use each registered copy of 3D Starchart on one computer at a time. You may not: modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; rent, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software. 5. Ownership of Software Title, ownership rights, and intellectual property rights in and to the Software belong to Joe Kloss. The Software is protected by the copyright laws of the United States and international 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. 6. Copy Restrictions This software may be distributed freely with the following provisions. - All documentation must be distributed with the Software. - You may not distribute modified versions of this Software or documentation without the written permission of Joe Kloss. 7. DISCLAIMER OF WARRANTY The 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. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. 8. LIMITATION OF LIABILITY IN NO EVENT WILL JOE KLOSS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ( INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, COMPUTER FAILURE OR MALFUNCTION, OR USE ), EVEN IF JOE KLOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 9. Termination This License if effective until terminated. The License will terminate automatically without notice if you fail to comply with any provision of the License. You may voluntarily terminate at any time 10. Other If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, except as governed by Federal law. 11. U.S. Government Restricted Rights The Software and documentation is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (b) (3) (ii) of The Rights in Technical Data and Computer Software clause 252.227-7013. Contractor/manufacturer is Joe Kloss, 13700 Alton Parkway, Irvine, CA 92718.