The Virtual Meeting Demo Software Terms and Conditions of Use
RTZ SOFTWARE LICENSE AND LIMITED WARRANTY AGREEMENT
This document contains The Virtual Meeting Demo's License and the Terms and Conditions of Use. Individuals or organizations interested in obtaining site licenses should follow the directions in the TVM Info Document.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING AND USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD THIS SOFTWARE.
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1. DEFINITIONS
The following definitions apply to the terms as they appear in this agreement:
- You and Your refer to any person or entity that acquires or uses this Package.
- Software means the computer program contained in this Package, together with all codes, techniques, software tools, formats, designs, concepts, methods, and ideas associated with that computer program. It also means any copies of the program, codes, etc., made to any other disk, hard disk or other media.
- RTZ Software means RTZ Software or Seth Snyder the author of the Software.
2. Distribution
Distribution of The Virtual Meeting. The Virtual Meeting Software, documentation, data, and license agreement are distributed by the Author in an archive or floppy disk (the archive) comprising The Virtual Meeting System. You are authorized to redistribute this unmodified archive for evaluation purposes only. Extracting The Virtual Meeting Software and/or data from the archive constitute acceptance of the license agreement.
3. PERMITTED USES
RTZ Software grants you a non-exclusive license to use the Software in this package according to the terms set forth below.
You may:
- Operate this Software for your use in order to Evaluate of The Virtual Meeting. You are granted a period of 30 days from the receipt of the The Virtual Meeting Software and data to evaluate The Virtual Meeting. During this time, you may use the The Virtual Meeting software for 15 minute periods. During the evaluation period, you may not use the The Virtual Meeting software for profit or gain. At the end of the 30 day evaluation period, you must agree to the The Virtual Meeting License Agreement and purchase the The Virtual Meeting Software license from the author, or destroy all copies of The Virtual Meeting Software and data.
- Without notification to RTZ Software, transfer copies of all (but no lesser portion) of the Demonstration Software and related manuals to another person or entity, who in turn will be subject to this agreement.
4. PROHIBITED USES
You may not:
- Modify, reverse-engineer, disassemble, decompile or reduce the Software to a human perceivable form or translate, sub-license, resell for profit, lend, rent, or lease any portion of the Software.
- Merge it with another program or create derivative works based on the Software.
- Remove, obscure, or alter any notice of the copyright or other proprietary legends on the Software.
5. OWNERSHIP OF THE SOFTWARE
The Software involves valuable proprietary rights of RTZ Software and Seth Snyder. RTZ Software and Seth Snyder retains title to and ownership of the Software and all copyright, trade secret, trade name, trademark, and other property rights related to the Software, regardless of the form in which the original or other copies exist. You may not violate these rights, and you must take appropriate steps to protect RTZ Software's rights. You are responsible for all taxes other than those based on the net income of RTZ Software. RTZ Software may at any time replace, modify, alter, improve, enhance, or change the Software.
6. GOVERNMENT END USERS
The Software qualifies as commercial computer software for purposes of FAR 52.227-19 and DFARS 52.227.7013. Accordingly, if the Software is acquired by a civilian government agency, it is furnished with only the minimum Restricted Rights provided by FAR 52.227-19. If the Software is acquired by a military agency, it is furnished with only the minimum Restricted Rights provided by DFARS 52.227-7013(c)(1)(ii).
7. TERMINATION
Both the license and your right to use the Software terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the Software or return them to RTZ Software.
8. LIMITED WARRANTY
Disclaimer of Warranty. THE RTZ SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY WITH RESPECT TO ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE RTZ SOFTWARE IS WITH YOU. SHOULD THE RTZ SOFTWARE PROVE DEFECTIVE, YOU (AND NOT RTZ OR AN RTZ AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
RTZ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE RTZ SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE RTZ SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE RTZ SOFTWARE WILL BE CORRECTED.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
9. Limitation of Remedies and Damages.
IN NO EVENT WILL RTZ BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY RTZ SOFTWARE EVEN IF RTZ OR ANY AUTHORIZED RTZ REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FOR ANY CLAIM BY ANY OTHER PARTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RTZ's liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $50 or the money paid for the RTZ Software that caused the damages or that is the subject matter of, or is directly related to, the cause of action.
10. GENERAL
This agreement constitutes the entire agreement and supersedes any prior agreement between RTZ Software and you concerning the contents of this Package. RTZ Software is not bound by any provision of any purchase order, or other document, unless RTZ Software specifically amends this agreement. This agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized corporate officer of RTZ Software Software. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
Manufacturered By:RTZ Software, Cupertino California, USA
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Demo Software
I Have Read and Understood These Terms And Conditions And Would Like To Download The Virtual Meeting for Macintosh Demo Software.
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All of the above software is also available on our ftp server at
ftp.rtz.com/pub/rtz/mac/
TVM The Virtual Meeting
Visual Communications Software for Macintosh and Windows Computers
RTZ Software
P.O. Box 567
Cupertino, CA 95015
Phone 408-252-2946
Fax 408-257-5274
EMail rtz@netcom.com
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Copyright 1996 by Seth Snyder All Rights Reserved
Last modified 3/24/96