/////////////////////////////////////////////////////////////// // // ChaoSoft License Agreement // /////////////////////////////////////////////////////////////// DEFINITIONS. Software or Program means the ChaoSoft software product File Manager Toolbar (FM Toolbar), including both the software and the associated documentation and other materials; Unregistered Copy means a copy of the Program you obtained from us or other source for evaluation purposes and which is described as "Unregistered copy" in the About FM Toolbar screen. An Unregistered Copy can become registered by supplying the name of the registered user or institution and the correct Registration Number, which can be obtained from us. Registered Copy means a copy of the Program registered with us or with a dealer, and which is described as "Registered to: " in the About FM Toolbar screen. A Registered Copy can be made unregistered by copying it to another disk or computer. Registration Package means all the materials you are obtaining from us after sending us your registration fee. In particular, Registration Package contains your personal Registration Number, allowing you to remove the registration reminder message and put your name in the About FM Toolbar screen. we or us means ChaoSoft, a company based in Old Town, Maine, USA; and you means the end user of the Software. LEGAL AGREEMENT. This is a legal agreement between you and ChaoSoft. By using the software you are agreeing to be bound by the terms of this agreement. GRANT OF LICENSE. ChaoSoft grants to you the right to use the Software under the terms of this agreement. The software is in "use" on a computer when it is loaded into the temporary memory (i.e., RAM) of that computer. Use of an Unregistered Copy of the Software after the evaluation period, or use of a Registered Copy, registered to anybody else except you (or, for site license arrangements, to your organization), is in violation of federal copyright laws. COPYRIGHT. The Software is owned by ChaoSoft and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material except that a limited right to make copies of the Software, subject to conditions of this license agreement, is granted to you. You may not copy any written or printed materials from your Registration Package and you may not rent or lease the Software. EVALUATION PERIOD. You may use an Unregistered Copy of the Program for evaluation period of up to 14 days. This period may be not a contiguous sequence of days. However, you should count a day as the evaluation day if you used the Program during that day at least once. The purpose of this evaluation period is to allow you to determine whether the program meets your needs before purchasing it. Once the evaluation period has ended, you agree to either purchase your copy of the Program through registration, or to stop using it. If you have sent your registration fee to us, you may continue to use your Unregistered Copy beyond the end of the evaluation period until your Registration Package arrives. REGISTERING THE PROGRAM. To register the Software, you should send your name, address, and correct amount of registration fee to us or one of our registration sites. You can use registration forms supplied with the on-line documentation to the Software. After getting your Registration Package from us, containing the Registration Number assigned to you, you may use that number to register your copy of the Software. You agree to keep the Registration Number for your own use only and not to share it with anybody else. MULTY-USER and NETWORK USE. If you registered the Software for use by multiple users, you agree not to use the Program on more computers than the number specified in your site license. You may install the Program on computers attached to a network, or remove it from one computer and install it on a different one, provided there is NO POSSIBILITY that your copy will be installed or used on more computers than it is licensed for. If you have a network, you don't need to include every computer attached to the network in your license, but you must include every computer on which the Program is installed or used, regardless of whether the user of the computer happens to know that the Program is in use on their system. If you have single computers which allow multiple users to use the Program simultaneously, you must count each keyboard or terminal separately when determining how many computers are using the Program. MAKING AND DISTRIBUTING UNREGISTERED COPIES OF THE PROGRAM. You may make as many copies of the Program as you wish, give them to others, upload them to any BBS or FTP site worldwide, include them in software collections such as CD-ROM disks, distribute them through Disk-of-the-Month (or Subscription) Distribution, and distribute them in any other possible way, as long as you: o do not share your Registration Number with anyone else and do not make copies of any printed materials from your Registration Package, if the copy you use is a Registered Copy; o include all of the unmodified files, as listed in the PACKING.LST file included with your copy. If any of the files or the PACKING.LST file itself is missing, you should contact us, or the dealer you obtained the Program from, to receive the complete set of files. You may not distribute any file from the installation set separately from all the other files; o agree not to sell the Unregistered Copies of the Program or distribute them to others for any kind of compensation or fee (small shipping and handling fees are OK), unless you have received written permission from us; and your permission to distribute the Program has not been revoked by us; o agree to inform the user(s) that the Unregistered Copy is to be used for a time limited evaluation period, and that it must be registered to continue to use the Program once the evaluation period has ended; o do not bundle the Program with any other software without our written permission. OTHER RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the Software. You are not allowed to make any modifications to, or to create derivative works from any of the files that are used in this software. This includes all the executables, help, installation, and readme files, as well as graphics images. Any such unauthorized use shall result in immediate and automatic termination of this license. LIMITED WARRANTY: The following limited warranty applies to Registered Copies of the Program. This warranty does NOT apply to Unregistered Copies of the Program. Satisfaction Guarantee. If you are dissatisfied with any product you buy from us under this Agreement for any reason, you may return it at any time up to 30 days after purchase and we will give you a refund. Refunds will be based on the price you paid, with shipping costs excluded. You must contact us before returning any product for a refund. This satisfaction guarantee does not apply to multy-system licenses for more than 10 computers, or to purchases of more than 10 individual copies at a time. Physical Defects. We pledge that the disks, if any, and any printed material we send you will arrive free of physical defects which interfere with normal use. If you find such a defect and report it to us within 30 days after you get your Registration Package, we agree to replace the defective item(s) at no charge to you as long as the defect was not caused by misuse or abuse. Bugs and Program Errors. We don't promise that the Software will be free of bugs or program errors, and you agree that bugs or program errors will not be considered as "physical defects" in the program. We agree that if you report a program error or bug to us, we will use our best efforts to correct it. We also agree that if we can verify and correct the error you report, and we then issue a bug-fix release for the Program which includes the correction, we will allow you to update your copy of the Program at no charge if you request it. Program updates and upgrades. We agree that if we release an update or upgrade to the Program, an updated copy of the Program can be registered by you free of charge with the same Registration Number assigned to you when you register any previous version of the Program. This does not apply to the versions of the Program ported to operating systems other than Windows 3.1, 3.11, such as Windows 4.0 (Chicago), Windows NT, etc. DISCLAIMER OF WARRANTY The SOFTWARE (including instructions for its use) is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. ChaoSoft further DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. IN NO EVENT SHALL CHAOSOFT, ITS AUTHORS, OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF CHAOSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Copyright and Trademark Information File Manager Toolbar is copyright (c) 1994 ChaoSoft. All Rights Reserved. ChaoSoft(tm), ChaoSoft's logo, and "The way software should be!"(tm) are trademarks of ChaoSoft. Microsoft(R) and MS-DOS(R) are registered trademarks, and Windows(tm) and Windows for Workgroups(tm) are trademarks of Microsoft Corporation. All other product names may be copyright and registered or unregistered trademarks / tradenames of their respective owners. CONCLUSION. All rights not expressly granted here are reserved to ChaoSoft. This agreement shall be governed by the laws of the State of Maine and shall inure to the benefits of ChaoSoft and any successors, administrators, heirs, and assigns. 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 STATE or FEDERAL COURT of the competent jurisdiction located in Augusta, Maine. The parties hereby consent to in personal jurisdiction of said courts. If you have any questions about this agreement, write to: ChaoSoft P.O.Box 43 Old Town, ME 04468-0043