This is a legal agreement between you, the end user, and Smalltalk
Systems (StS), a division of Instantiations, Inc. By selecting
the "Accept" button below you are agreeing to be bound by the terms of this
Agreement. If you do not agree to the terms of this Agreement, select the
"Cancel" button below.
StS grants you (i) a non-exclusive, nontransferable license to use one
copy of the enclosed StS software program (the "Software") on a single computer
for your personal use on the understanding that a single person uses each copy, and (ii) a
non-exclusive, nontransferable license to use one copy of the related written materials
("Documentation"). Purchasers of the Software are therefore licensed to use it
themselves on one computer at a time, and to make a single backup copy for their own use.
No other license is given. In particular, The Software may not be installed on a computer
network for use by more than one person unless a valid license is acquired for each person
who will use the Software over the network. The Software may not be rented or leased to
others, and the conditions of this sale apply to the purchaser in any resale.
COPYRIGHT. The Software and Documentation are copyrighted by
Instantiations, Inc. and are protected by U.S. and international copyright laws. The
product contains copywritten software and documentation of ObjectShare, Inc. and other
third parties. All rights reserved. You agree not to remove any Instantiations, Smalltalk
Systems or ObjectShare or other trademarks or copyright notices from the Software or
Documentation.
OTHER RESTRICTIONS. You may not disclose, publish, translate, rent,
lease, transfer, export or otherwise make available the Software and Documentation in any
form, to any person or entity, except as expressly licensed herein. You may not reverse
engineer, decompile or disassemble the Software.
You may not use or distribute any of the Software, including but not
limited to the source code of the Software and any example code, other than in conjunction
with development or runtime versions of the Software. You may not distribute applications
that require development system components without a special license from Smalltalk
Systems.
RUNTIME RIGHTS AND LIMITATIONS. You may reproduce and distribute
executable files created by using the Software. You may reproduce and distribute the
runtime Dynamic Link Libraries ("DLLs") which are identified in the
Documentation as being required to execute programs, provided that you (a) distribute the
DLLs only in conjunction with and as an integral part of executable applications created
by you utilizing the Software; (b) do not use Instantiations, Smalltalk Systems, or
ObjectShare's names, logos or trademarks to market your software without the express
written permission from each respective company; and (c) agree to indemnify, hold harmless
and defend Instantiations, Smalltalk Systems, and ObjectShare from and against any claims
or lawsuits, including attorneys' fees, that arise or result from the use or distribution
of your software. The license in this section to distribute executables and/or DLLs is
royalty-free provided that your software application product is created using the
Software. Please contact Smalltalk Systems for the applicable licensing terms for all
other uses and/or distribution of executables and runtime DLLs.
IN NO EVENT SHALL Instantiations, Smalltalk Systems, or ObjectShare BE
LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. Instantiations, Smalltalk Systems, and ObjectShare
SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
Instantiations, Smalltalk Systems, or ObjectShare DO NOT WARRANT THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE.
GOVERNING LAW. This Agreement shall be governed and construed under the
laws of the State of Oregon and subject to the exclusive jurisdiction of the courts
therein.
ENTIRE AGREEMENT. You agree that this Agreement expresses the entire
understanding between you and Smalltalk Systems, and supersedes all other communications,
oral or written, relating to the Software.
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