CONFIG e.G. SOFTWARE LICENSE

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ENGLISH



PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE"

CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE,

YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS

LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,

CONFIG IS UNWILLING TO LICENSE THE PROGRAM TO YOU. IN THIS

EVENT, PROMPTLY RETURN THIS UNOPENED, UNUSED SOFTWARE TO THE

PLACE, WITHIN TEN (10) DAYS OF PURCHASE, WHERE YOU OBTAINED

IT FOR A REFUND.



1. License. Config e.G grants you a limited, non-exclusive,

non-transferable License to (a) use the Program on a single

Newton device only, and (b) make only such copies of the

software portion of the Program as necessary to enable your

use of the Program on a single Newton device, provided any

such software copies must include Config's copyright

notice. Config e.G. retains ownership of the Program and all

copyright and other proprietary rights therein. All rights

not expressly granted to you in this License are reserved.



2. Permitted Uses and Restrictions. YOU MAY NOT: (a) Rent,

lease, lend, loan, distribute, sublicense or otherwise

transfer the Program in whole or in part to any other party;

(b) Make any copies of the documentation portion of the

Program; (c) Modify, translate, decompile, disassemble,

reverse-engineer or otherwise reduce the Program to a

human-perceivable form; or (d) Remove or obscure any

copyright or trademark notices, (e) transmit the Program

from one unit to another electronically or by a network. Any

upgrade or enhancement of the Program subsequently supplied

by Config e.G. may be used only upon the destruction of the

prior version. The older version cannot be sold or

transferred to any other third party. Unless otherwise

specified in writing by Config e.G., all upgrades and

enhancements, if any, supplied to you shall be governed by

this License. This License and the License granted hereunter

will terminate automatically and without notice if you

breach any terms of this License, and you agree upon any

such termination to return the Program to Config e.G.



3. Limited Warranties. You expressly acknowledge and agree

that use of the Program is at your sole risk.  The Program

and related documentation are provided "AS IS" and without

warranty of any kind and Config e.G.  EXPRESSLY DISCLAIM ALL

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED

TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE. Config e.G. DOES NOT WARRANT THAT

THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR

REQUIREMENTS, OR THAT THE OPERATION OF THE PROGRAM WILL BE

UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAM

WILL BE CORRECTED. FURTHERMORE, Config e.G. DOES NOT WARRANT

OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS

OF THE USE OF THE PROGRAM OR RELATED DOCUMENTATION IN TERMS

OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR

OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY

Config e.G.  OR AN AUTHORIZED REPRESENTATIVE OF Config e.G.

SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF

THIS WARRANTY. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND

NOT Config e.G.  OR AN AUTHORIZED REPRESENTATIVE OF Config

e.G.)  ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,

REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION IF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY

NOT APPLY TO YOU.



4. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING

NEGLIGENCE, SHALL Config e.G.  BE LIABLE FOR ANY INCIDENTAL,

SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR

INABILITY TO USE THE PROGRAM OR RELATED DOCUMENTATION, EVEN

IF Config e.G.  OR AN AUTHORIZED REPRESENTATIVE OF Config

e.G. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. Some jurisdictions do not allow the limitation or

exclusion of liability for incidental or consequential

damages so the above limitation or exclusion may not apply

to you. IN NO EVENT SHALL Config e.G. TOTAL LIABILITY TO YOU

FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN

CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE EXCEED THE

AMOUNT PAID BY YOU FOR THE PROGRAM.



5. Export Law Assurances. You agree and certify that neither

the Program nor any other technical data received from

Config e.G., nor the direct product thereof, will be

exported outside the United States except as authorized and

as permitted by the laws and regulations of the United

States.



6. U.S. Gouvernment Restricted Rights. If you are acquiring

the Program on behalf of any unit or agency of the United

States Government, the following provisions apply. The

Government agrees: (a) if the Program is supplied to the

Department of Defense (DoD), the Program is classified as

"Commercial Computer Software" and the Government is

acquiring only "restricted rights" in the Program, its

documentation as that term is defined in Clause 252.227-

7013(c)(1) of the DFARS; and (b) if the Program is supplied

to any unit or agency of the United States Government other

than the DoD, the Government's rights in the Program, its

documentation will be as defined in Clause 52.227-19(c)(2)

of the FAR or, in the case of NASA, in Clause

18-52.227-86(d) of the NASA Supplement to the FAR.



7. Allocation of Risk. You acknowledge and agree that this

License allocates risk between you and Config e.G.  as

authorized by the Uniform Commercial Code and other

applicable law, and that the pricing of Config e.G. products

reflects this allocation of risk and the limitations of

liability contained in this License. If any remedy hereunder

is determined to have failed of its essential purpose, all

limitations of liability and exclusions of damages set forth

in this License shall remain in effect. If for any reason a

court of competent jurisdiction finds any provision of this

License, or portion thereof, to be unenforceable, that

provision of the License shall be enforced to the maximum

extent permissible so as to effect the intent of the

parties, and the remainder of this License shall continue in

full force and effect.



8. State Law Rights. This License gives you specific legal

rights, and you may also have other rights which vary from

state to state. Some states do not allow the exclusion or

limitation of implied warranties or of liability or

consequential damages, so some of the above may not apply to

you.



9. General. This License constitutes the entire License

between the parties with respect to the use of the Program

or related documentation and supersedes all prior or

conterporaneous understandings or Licenses, written or oral,

regarding such subject matter. No amendment to or

modification of this License will be binding unless in

writing and signed by a duly authorized representative of

Config e.G.