Contents of the LICENSE.TXT file
PROFOUND VERSION 4.02 LICENSE AGREEMENT
PROFOUND is not free software. This special edition of
PROFOUND is distributed so that users may use PROFOUND on a
trial basis. In order for you to continue using PROFOUND, it
will be necessary for you to obtain a licensed copy of the
program from General Technologies International (GTI). You
may do so by completing the order form enclosed in the file
ORDER.TXT, and mailing it to:
General Technologies International
P.O. Box 158
Gaithersburg, Maryland 20884
The cost of a single user license is $20 plus shipping
and handling, however, other charges may apply. See the
order form (enclosed as ORDER.TXT) for details. All licenses
are prepaid only. All orders outside of the United States &
Canada must be prepaid.
As a licensed user of PROFOUND you will:
(1) Receive notification of the next major
revision to the PROFOUND program
(2) Be permitted a FREE UPGRADE to the next
version of PROFOUND (shipping charges
(3) Receive notification of the significant
GTI product releases
(4) Be granted initial user status on the
GTI-BBS (when available)
(5) Free PROFOUND database updates as
available (shipping charges may apply)
6) Access to future related software such as
PROPARSER, a program to customize your
own PROFOUND databases
This license is not necessary for clubs or user groups
distributing either version 4.02B or 4.02D of PROFOUND on a
SHAREWARE basis, providing that the entire PROFOUND package
with accompanying documentation files is included in the
distribution, and no more than a nominal fee (not to exceed
$10) is charged for such distribution.
You are permitted to use PROFOUND only on the condition
that you agree to the following license. This license covers
the PROFOUND software supplied by General Technologies
International (GTI), including GTI's proprietary software as
well as any software developed by third parties and
distributed under license by GTI. This license does not
apply to any software application packages or other software
programs purchased or obtained from any third party.
GTI agrees to grant and you agree to accept, a non-
exclusive and non-transferable license to use the PROFOUND
software program ("PROFOUND") for use on your Personal
Computer, in accordance with the terms and conditions of this
This Agreement authorizes you to use PROFOUND on the
number of personal computers contracted for. A separate
license is required for each stand-alone personal computer on
which PROFOUND will be used. Distribution, repackaging, or
reselling of PROFOUND, to third parties, is not allowed under
This Agreement is effective from the date you receive
your registered copy of PROFOUND and shall remain in force
until terminated. GTI may terminate this Agreement if you
fail to comply with any of the terms and conditions of this
Agreement. You agree upon such termination to destroy
PROFOUND together will all copies, modifications and merged
portions in any form.
COPYING OF PROFOUND
You may copy PROFOUND, in whole or in part, for your use
with your personal computer, to understand the contents of
PROFOUND, for back-up purposes, or for archival purposes,
provided, however, that no more than three (3) copies will be
in existence under any license at any one time without prior
written consent from GTI. The original and any copies of
PROFOUND, in whole or in part, which are made by you shall be
the property of GTI and governed by this Agreement. GTI does
not own the media on which PROFOUND is recorded.
You shall not create by de-compilation or otherwise, the
source program or any part thereof from the object program or
from other information made available under this Agreement.
You must reproduce and include the copyright notice of
GTI and any other person which has licensed GTI to distribute
software on any copy, in whole or in part, of PROFOUND. GTI
does not claim copyright for any part of an original work not
prepared by, or on behalf of, or upon the direction of GTI.
THE PROFOUND PROGRAM IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH YOU.
GTI does not warrant that the functions contained in
PROFOUND will meet your requirements or that the operation of
PROFOUND will be uninterrupted or error free.
However, GTI warrants the diskette(s) upon which
PROFOUND is furnished to be free from defects under normal
use for a period of ninety (90) days from the date of
delivery to you.
LIMITATION OF REMEDIES
GTI's entire liability and your exclusive remedy shall
be the replacement of any diskette not meeting GTI's "Limited
Warranty" and which is returned to GTI. If GTI is unable to
deliver a replacement diskette which is free of defects you
may terminate this Agreement by returning PROFOUND, and your
license fee will be refunded.
In no event will GTI be liable for any damages,
including any lost profits, or other incidental or
consequential damages arising out of the use or performance
of PROFOUND even if GTI or an agent of GTI has been advised
of the possibility of such damages.
You agree that GTI's liability for any damages shall not
exceed the amount you paid for the license to use PROFOUND,
regardless of the form of the claim.
(a) You acknowledge that you have read this Agreement,
understand it, and agree to be bound by its terms and
further agree that it is the complete and exclusive
statement of the Agreement, which supersedes and merges
all prior proposals, understandings and all other
agreements, oral and written, between you and GTI
relating to this Agreement. This Agreement may not be
modified or altered except by a written instrument duly
executed by both you and GTI.
(b) This Agreement and performance hereunder shall be
governed by and construed in accordance with the laws of
the State of New York.
(c) Any action or proceeding brought by either you or GTI
against each other arising out of or related to this
Agreement shall be brought only to the Supreme Court of
the State of New York, in and for New York County, or the
United States District Court for the Southern District of
New York. You hereby consent to in personam jurisdiction
of said courts.
(d) The waiver or failure of either you or GTI to exercise in
any respect any right provided for hereunder shall not be
deemed a waiver of any further right hereunder.
(e) No action, regardless of form, arising out of this
Agreement may be brought by you more than two (2) years
after the cause of action has arisen.
(f) GTI shall have the right to collect from you its
reasonable expenses incurred in enforcing this Agreement
including attorney's fees.
(g) If any of the provisions, or portions thereof, of this
Agreement are invalid under any applicable statute or
rule of law, they are to that extent to be deemed
(h) This Agreement becomes effective when you receive your
registered copy of PROFOUND, which GTI will ship upon
receipt of your order.