SNG marketing, Inc. Software License and Warranty Agreement



The M-C-M Simple Family (R) (Interactive Headers and messaging for Web Sites) Copyright (c) 1995-1996 SNG marketing, Inc.


For ordering information, see the file wheretobuy.html (also available at http://www.sngchicago.com/products/simple/wheretobuy.html.





You should carefully read the following terms and conditions before using this software. By pressing the "accept button", you indicate your acceptance of the following terms and conditions.

1. This is a legal agreement between you (either an individual or an entity) and SNG marketing, Inc. By opening the sealed SOFTWARE packages and/or by using the SOFTWARE you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the unopened SOFTWARE packet(s) and the accompanying items (including printed materials and binders or other containers) to the place from which you obtained them for a full refund.


2. GRANT OF LICENSE. This License Agreement ("License") permits you to use one copy of the specified version of the SNG marketing, Inc. SOFTWARE product identified above, which may include "on-line" or electronic documentation (the "SOFTWARE") on a single WWW Domain. The SOFTWARE may be used without time limit on one Web Site Domain (such as www.sngchicago.com or www.chi.com). A separate license agreement and fee is required for each Web Site Domain on which the product is used.The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. The only exception being a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use." Additionally, this SOFTWARE is for use with on-line services (electronic publishing services) provided by SNG marketing, Inc. Transference of this data generated and/or formatted by this SOFTWARE to third party hardware is expressly prohibited. The formatting of the data that is generated using this SOFTWARE shall remain the property of SNG marketing, Inc.

3. EVALUATION AND SHAREWARE VERSIONS- Provided that you verify that you are distributing the Shareware Version, you are hereby licensed to make as many copies of the Shareware version of this SOFTWARE and documentation as you wish; give exact copies of the original Shareware version to anyone; and distribute the Shareware version of the SOFTWARE and documentation in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the SOFTWARE and/or documentation with other products (commercial or otherwise) without prior written permission, with one exception: Disk Vendors approved by the Association of Shareware Professionals are permitted to redistribute SOFTWARE , subject to the conditions in this license, without specific written permission.

4. UPGRADES. If the SOFTWARE is an upgrade you may use or transfer the SOFTWARE only in conjunction with the prior version(s) of the SOFTWARE.

5. COPYRIGHT. The SOFTWARE (including any images, "applets", photographs, animations, video, audio, music, Perl Script form, URL and text incorporated into the SOFTWARE) is owned by SNG marketing, Inc. or its suppliers 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 you may either (a) make copies of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.

6. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis, provided you retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an upgrade, any transfer must include the most recent upgrade and all prior versions. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law.

7. Limited SOFTWARE Warranty: If you discover physical defects in the media on which the SOFTWARE is distributed or in documentation, SNG marketing, Inc., Inc. will replace the media or documentation for a period of one hundred ( 100 ) days after purchase by the customer. You must return the disk or documentation to SNG marketing, Inc. within the warranty period, accompanied by proof of purchase.

This warranty does not apply to defects due directly or indirectly to misuse, abuse, negligence, accident, repairs, or alterations made by the customer or another party, or if the SNG marketing, Inc. serial number has been removed or defected. SNG marketing, Inc., disclaims all implied warranties, including without limitation warranties of merchantability, performance and fitness for a particular purpose.

SNG marketing, Inc., will not be liable for any bug, error, omission, defect, deficiency, or nonconformity in any SOFTWARE. As a result, the SOFTWARE is sold : " as is " and the purchaser assumes the entire risk as to its quality and performance.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall SNG marketing, Inc. or its suppliers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this SNG marketing, Inc. product, even if SNG marketing, Inc. has been advised of the possibility of such damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

THERE ARE NO WARRANTY FOR ANY EVELUATION AND SHAREWARE COPIES. ANY USE OF THE SOFTWARE PRODUCT IN THIS CASE IS AT YOUR OWN RISK

8. U.S. Government Restricted Rights. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. 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 DFARS 252.227-7013 or subparagraphs (c)(1) and (2) and (2) of the Commercial Computer Software--Restricted Rights at 49 CFR 52.227-19, as applicable. Manufacturer is SNG marketing, Inc./444 N. Michigan Av., Suite 3600/Chicago, IL60611.

8.2 If you acquired this product in the United States, this Agreement is governed by the laws of the State of Illinois.

8.3 If this product was acquired outside the United States, then local law may apply.



Should you have any questions concerning this Agreement, or if you desire to contact SNG marketing, Inc., for any reason, please contact the SNG marketing, Inc. subsidiary serving your country, or send SNG's team an e-mail to snginfo@sngchicago.com



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DO NOT ACCEPT