Copyright © 1998 Integrated Computer Solutions, Inc.
The BX PRO 5.0 Installation NotesTM is copyrighted by Integrated Computer Solutions, Inc., with all rights reserved. No part of this book may be reproduced, transcribed, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Integrated Computer Solutions, Inc.
Integrated Computer Solutions, Inc.
201 Broadway, Cambridge, MA 02139
WWW: http://www.ics.com
Builder Xcessory, BX, BX/Ada, BX PRO, BX/Win Software Development Kit, BX/Win SDK, Database Xcessory, DX, DatabasePak, DBPak, EPak PRO, EnhancementPak, EPak, ViewKit, VKit, and ICS Motif are trademarks of Integrated Computer Solutions, Inc.
All other trademarks are properties of their respective owners.
Builder Xcessory, Database Xcessory, DBPak, EPak PRO, EnhancementPak, EditTable, ChartObject, View3D, ViewKit, BX/Win SDK and BX PRO LICENSE AGREEMENT
READ THIS AGREEMENT BEFORE USING THE SOFTWARE (THE "PROGRAM"), THE PROGRAM MEDIA (THE "MEDIA") OR THE ACCOMPANYING DOCUMENTATION (THE "DOCUMENTATION"). THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM AND DOCUMENTATION BETWEEN YOU (THE "CUSTOMER") AND INTEGRATED COMPUTER SOLUTIONS, INC. ("ICS"). IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN YOU AND ICS. BY BREAKING THE SEAL ON THE MEDIA, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT USE OR INSTALL THE PROGRAM, AND PROMPTLY RETURN THE CONTENTS, WITH THE MEDIA SEAL UNBROKEN, FOR A REFUND. 1. License: All title and copyrights in and to the Program and the Documentation are owned by ICS or its suppliers. The Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This Program is licensed, not sold. ICS grants to the Customer a nonexclusive, nontransferable (except as provided herein) license to use the Program and the Documentation. One BX PRO license provides the Customer one Builder Xcessory license, one EnhancementPak license and one ViewKit license. One Database Xcessory license provides the Customer one BX PRO license and one DBPak license. One BX/Win SDK license provides one NuTCRACKER X/SDK license and five NuTCRACKER runtime licenses. For DBPak, EnhancementPak, EditTable, ChartObject, View 3D or ViewKit, the license may only be used for the development of applications, in which the Program is an integral part and may not be separately accessed. The Documentation may not be copied or distributed without ICS' approval. 2. Customer Rights: Customer may (a) install the Program on a single computer owned or controlled by Customer (the "Server"); (b) with Builder Xcessory or Database Xcessory, permit the use of the Program by the number of simultaneous authorized users linked to the Server as specified in the Customer's order; (c), with BX/Win SDK, DBPak, EnhancementPak, EditTable, ChartObject, View 3D or ViewKit, permit the use of the Program by a number of unique users as specified in the Customer's order; and (d) make a reasonable number of back-up copies of the Program to protect against malfunction of or damage to the computer system or media on which the Program is used or stored. Additional simultaneous users may be added by notifying ICS and paying the then- current fees. Customer shall not otherwise use, copy or modify the Program, or use or create any adaptation or transcription of the Program, or merge the Program with any other program, except as authorized by ICS in writing. Customer may not lease the Program to any party. Customer may not transfer the Program or license it to another party. Customer shall not attempt to reverse engineer, disassemble or decompile the Program. Customer may obtain the authorization code necessary to permit the Program to run on a computer other than the Server, and may transfer the Program to such other computer, only if the Customer deletes all copies of the Program from the Server and pays ICS its then-current administrative charge for such transfer. 3. Limited Warranty: (a) ICS warrants that for ninety (90) days from the date of delivery to Customer, each copy of the Program, when installed and used in accordance with the Documentation, will conform in all material respects to the description of the Program's operations in the Documentation. (b) Customer's exclusive remedy and ICS' and its distributors' sole liability under this warranty shall be for ICS to attempt, through reasonable efforts, to correct any material failure of the Program to perform as warranted, if such failure is reported to ICS within the warranty period and Customer, at ICS' request, provides ICS with sufficient information (which may include access to Customer's computer system for use of Customer's copies of the Program by ICS personnel) to repair the defect in question or replace the Program with a functioning copy; provided, that if ICS is unable to correct any such failure or replace the Program within a reasonable time, ICS may, at its sole option, refund to Customer the license fee paid for the Program, in which event the license shall terminate. (c) ICS need not treat minor discrepancies in the Documentation as errors in the Program, and may instead furnish corrections to the Documentation. (d) Neither ICS nor its distributors warrant that operation of the Program will be uninterrupted or error-free, or that all errors will be corrected. (e) This limited warranty is void if failure of the Program has resulted from accident, abuse or misapplication. (f) THE FOREGOING WARRANTY IS IN LIEU OF, AND ICS AND ITS DISTRIBUTORS DISCLAIM, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL ICS OR ITS DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST DATA, ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM OR DOCUMENTATION, EVEN IF ICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ICS' AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR CLAIM, SHALL BE LIMITED TO THE AMOUNTS PAID BY CUSTOMER TO ICS FOR THE PROGRAM HEREUNDER. (g) Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions 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. 4. Term and Termination: The term of this Agreement shall be indefinite; however, this Agreement may be terminated by ICS in the event of a default under this Agreement by Customer. Customer may terminate this Agreement at any time by destruction of the Program, the Documentation, and all copies of both of them. Upon termination, Customer shall immediately cease use of, and return immediately to ICS, all existing copies of the Program and Documentation, and cease all use thereof. All provisions hereof regarding liability and limits thereon shall survive the termination of this Agreement. 5. U.S. Government Restricted Rights Legend: (a) For units of the DoD: Restricted Rights Legend Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013. (b) For civilian agencies: Restricted Rights Legend Use, reproduction or disclosure is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at CFR 52.227-19 and the limitations set forth in ICS' standard commercial agreement for this software, as applicable. Contractor/manufacturer is INTEGRATED COMPUTER SOLUTIONS, INC., 201 Broadway, Cambridge, MA 02139. 6. Governing Law: This license shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts as a contract made and performed therein.
BX PRO, Builder Xcessory, BX, BX/Win SDK, Database Xcessory, DatabasePak, DBPak, EPak PRO, EnhancementPak, EPak, and ViewKit are trademarks of Integrated Computer Solutions, Inc. EditTable, ChartObject and View3D are trademarks of Interactive Network Technologies, Inc. Motif is a registered trademark of The Open Group. X Window System is a trademark of The Open Group. NuTCRACKER is a trademark of DataFocus. IRIS ViewKit is a trademark of Silicon Graphics Incorporated.
