SINGLE USER LICENSE. This describes the only terms by which we,
TED GRUBER SOFTWARE, P.O. Box 13408, Las Vegas, NV 89112, (702)
735-1980, permit distribution and use of this software and its
related files in this Evaluation version, and in its Registered
version (the "Software"). This Evaluation Version is shareware,
which means you have the right to try it for free, but not to use
it for free.
A. OWNERSHIP: Except to the extent expressly licensed by us,
we have and reserve the exclusive copyright, trade secret and
other rights to the Software, and the right to use the Trademark
FASTGRAPH (the "Trademark") in connection with it. In particular,
no rights are granted to distribute the Registered Version of the
Software, or to copy related printed materials.
B. USE OF SOFTWARE; PROGRAMS YOU CREATE
1. EVALUATE FOR 30 DAYS: You may evaluate the Evaluation
Version for 30 days. We will, on request, reasonably extend this
period. To lawfully continue to use it beyond the period (as it
may be extended), or to distribute any program created using the
Software, you must pay us the Registration Fee. In return:
(a) we will send you the latest Registered Version,
(b) when your program is linked with the Registered
Version, no registration reminder messages will appear,
(c) we grant a perpetual royalty-free right to you to
distribute programs created using the Software and the external
video driver that those programs need to run.
2. LIMITS: Registered users may use the Registered
Version of the Software for their own purposes "just like a
book". This permits use by any number of people on any number of
machines so long as -- just like a book -- there is NO
POSSIBILITY that more than one copy will be used at a time.
Please contact us to learn about our special rates for site and
other multiple user licenses.
1. EVERYONE may distribute the Evaluation Version if (a)
all of its related files (including this one) in compressed or
other format as released by us are included, and (b) it is not
modified, and no copyright or trademark related information is
2. Additional rules apply to "Commercial Distribution",
which as used here means distribution for money or gain, and
INCLUDES copying onto disks, CD-Roms and all other tangible media
now or subsequently known, and distribution by retail rack,
direct mail, catalog, advertisement, or trade show; and DOES
*NOT* INCLUDE distribution by any not-for-profit organization, by
any hobby, user or computer interest group to its members, or
electronically by any BBS.
(a) You may Commercially Distribute the Evaluation
Version of the Software under the Trademark so long as you (1)
clearly market it as shareware using "try before you buy" or
similar words, (2) try to sell only the most current version, (3)
make distribution copies only from master copies received
directly from us using high quality disks and duplication
technology and (4) receive written permission in our discretion
from us. We reserve the right to require a license fee or other
payment for Commercial Distribution of the Evaluation Version.
(b) TERM: Your distribution rights terminate upon 30
days prior written notice by us. Following such termination, you
may distribute the Evaluation Version until the earlier of 60
days after the termination date in the notice, or completion of
the distribution of the copies you have in stock. Sections A, D,
E of this License survive termination.
D. LIMITED WARRANTY AND LIMITATION OF REMEDIES
If the Registered Version of the Software or accompanying written
materials contain a physical defect, you may return it to the
place of purchase within 90 days of receiving them for a
replacement. Other than this limited warranty: (1) THE SOFTWARE
(INCLUDING ITS REGISTERED AND EVALUATION VERSIONS) IS PROVIDED
"AS-IS", AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE
MADE AS TO IT OR ANY MEDIUM IT MAY BE ON; AND (2) UNDER NO
CIRCUMSTANCES WILL WE PROVIDE A REMEDY FOR DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES
ARISING FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT
LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE
OF THE POSSIBILITY OF SUCH DAMAGES.
1. Since we would be irreparably damaged if Section A, B,
or C of this were not specifically enforced, we will be entitled
without bond, other security or proof of damages, to appropriate
equitable remedies with respect to breaches of such sections, in
addition to such other remedies as we may have.
2. You will hold us, our partners, contractors, employees
and agents harmless from damage, loss and expense arising
directly or indirectly from your acts and omissions in copying
and distributing the Software.
3. With respect to every matter arising under this
License, you consent to the exclusive jurisdiction and venue of
the state and federal courts sitting in Las Vegas, Nevada, and to
service by certified mail, return receipt requested, or as
otherwise permitted by law.
4. Your right to distribute under this license is
personal, and does not include any right to (a) sublicense or
otherwise cause any copying or distribution of the Software by
anyone else without our consent in writing, or (b) rent or lease
the Software, or (c) sell it as part of any hardware or software
5. You will not for any reason modify, reverse compile,
disassemble, or reverse engineer the Software, or use or disclose
any of our secret information that it contains.
License Ver. 08.01.93