The Software and Documentation available on this Website are the copyrighted works of The Firstech Corporation and are protected by the copyright laws of the United States and international treaty provisions. The SIMDATE software is licensed and is never sold. All title and other rights of ownership in and to the Software and Documentation shall remain the sole property of The Firstech Corporation at all times.
You are granted a non-exclusive license to use SIMDATE. Under this license, Firstech authorizes you to (1) use SIMDATE's machine readable portion on a single computer and (b) make backup copies of SIMDATE for use in the event that the portion of the program installed on the computer becomes inoperable. You acknowledge that SIMDATE operates in two modes: a trial mode and a fully licensed mode. Under the trial mode, SIMDATE will operate for a limited period of time and allow the simulation of dates through December 31, 1999. You may only use SIMDATE in trial mode for a period of 30 days unless the trial period is explicitly extended by Firstech. Fully licensed mode requires that you pay a license fee to Firstech. Upon receipt of the fee, Firstech will issue a "key" that, when entered into the appropriate place in the software, allows unlimited use of the software on a single machine and permits simulation of dates through January 1, 2000 and beyond, as supported by OS/400.
You are granted permission to make copies of the SIMDATE software for distribution to others in trial mode provided that all components of the software and documentation are distributed together. Otherwise, you agree not to (a) distribute the software to any third party, (b) sublicense, assign, or transfer the license for the software, or (c) reverse assemble, reverse compile, or otherwise translate SIMDATE.
You are granted permission to make copies of any Documentation made available on this Website and to use such Documentation solely for your own use. All Documentation and any copy or copies thereof must bear the copyright notice set forth in this License Agreement and such Documentation shall not be modified or edited to any extent. You are expressly prohibited from otherwise copying or using or distributing or transmitting any part of the Documentation made available on this Website for any purpose except as provided by the express terms of this License Agreement.
You are prohibited from copying, using, distributing, or otherwise transmitting any part of the SIMDATE Software made available on this Website or by any other means for any purpose except as provided by the express terms of this License Agreement. You agree to fully comply with this License Agreement as a condition of any use or copying of the SIMDATE Software.
ANY VIOLATION OF THESE RESTRICTIONS ON COPYING OR DISTRIBUTION OR TRANSMISSION ARE PROHIBITED BY LAW AND MAY SUBJECT YOU TO SUBSTANTIAL CIVIL AND CRIMINAL PENALTIES.
THE FIRSTECH CORPORATION DOES NOT MAKE ANY REPRESENTATION OF ANY KIND REGARDING THE USEFULNESS OR SUITABILITY OF ANY SOFTWARE OR DOCUMENTATION AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE. ALL SOFTWARE AND DOCUMENTATION ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRSTECH CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE FIRSTECH CORPORATION DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL BE DEFECT OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SOFTWARE OR DOCUMENTATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL THE FIRSTECH CORPORATION BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE OR ANY OF THE SOFTWARE OR DOCUMENTATION (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS), EVEN IF THE FIRSTECH CORPORATION OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN ANY ACTION OF CONTRACT, NEGLIGENCE OR OTHER ACTION IN TORT OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE FIRSTECH CORPORATION TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED ANY AMOUNT PAID BY YOU TO THE FIRSTECH CORPORATION TO ACCESS OR USE THIS SITE OR FOR SAID SOFTWARE OR DOCUMENTATION AS APPLICABLE.
You may not download and otherwise transfer or export or reexport any of the Software or Documentation except in full compliance with all United States and other applicable laws and regulations. Without limiting the foregoing, none of the Software or Documentation may be downloaded or otherwise transferred or exported or reexported into (or transferred to a resident of any country to which the United States has embargoed goods. By downloading any Software or Documentation, you agree to comply with all such laws and warrant that you are not located in, under control of, or a national or resident of any such country.
The Software and Documentation made available on this Website are classified as "Commercial Computer Software" and "Commercial Computer Software Documentation" under applicable Federal Regulations and are being acquired only with RESTRICTED RIGHTS. If the acquiring unit or agency is the U.S. Department of Defense, the Government is acquiring any Software and Documentation in accordance with the terms hereof pursuant to DFAR Section 227.7202. If the acquiring unit or agency is any other unit or agency of the United States Government, the Government is acquiring the Software and Documentation in accordance with the terms hereof pursuant to FAR Section 12.212 and FAR Section 52.227-19(c)(1) and (2). The manufacturer is The Firstech Corporation, 9595 Wilshire Blvd., Suite 212, Beverly Hills, CA 90212-2502.
These Notices and Conditions of Use shall be governed by California law without reference to principles of conflicts of law. The only proper venue for any action relating to this License Agreement or to the Software or Documentation described herein is the County of Los Angeles, State of California. No person shall have any right or power to modify or waive any provisions of this License Agreement other than a duly authorized officer of The Firstech Corporation. All rights not expressly granted in this License Agreement are hereby reserved and retained by The Firstech Corporation.
COPYRIGHT NOTICE: © 1997, 1998 The Firstech Corporation. All rights reserved.
Copyright © 1997, 1998 by The Firstech Corporation.