Copyright 1994 by John L. Villalovos of Seriously Sound. All rights reserved worldwide. This software embodies valuable trade secrets proprietary to John L. Villalovos of Seriously Sound. DELAY BOOT SHAREWARE SOFTWARE LICENSE ===================================== This version of Delay Boot (the "Software") is NOT public domain or free software, but is being distributed as "shareware" for EVALUATION PURPOSES ONLY. Your use of this Software indicates your agreement to the terms and conditions of this License. COPYRIGHT, PROPRIETARY RIGHTS ----------------------------- The Delay Boot Software is owned by John L. Villalovos of Seriously Sound and is protected by United States copyright laws and international treaty provisions. You may not reverse engineer, decompile, disassemble, or create derivative works based on the Software for any purpose other than creating an adaptation to the Software as an essential step in its utilization for your own use. This Software embodies valuable trade secrets proprietary to John L. Villalovos of Seriously Sound; you may not disclose any information regarding the internal operations of this Software to others. USAGE RESTRICTIONS ------------------ John L. Villalovos of Seriously Sound grants a limited license to individuals to use this shareware Software for a 30-day evaluation period on a private, non-commercial basis, for the express purpose of determining whether Delay Boot is suitable for their needs. At the end of this 30-day evaluation period, the individual must either purchase a license from John L. Villalovos of Seriously Sound for continued use of the Software, or discontinue using Delay Boot. What does this mean? If you use this Software on a continued basis, you must purchase a license for its use. Delay Boot is NOT free, and we are not giving away free copies. We are giving you the opportunity to try it before paying for a license for continued use. It is that simple. Try it for 30 days. Then either pay for it, or quit using it. Paying for a license to continue using the Software product is not only required, but also allows John L. Villalovos of Seriously Sound to provide support and updates, and stay in business. Registration of the licensed copy entitles the registered user to receive technical support (by phone, email, or mail), and makes them eligible for discounts on future versions. Purchasing a license for single copy of Delay Boot entitles you to use the Software on any and all computers available to you, provided you do not operate Delay Boot or have it operating [meaning the program is resident in memory as a terminate and stay resident (TSR) program] on more than one computer or terminal at a time and you do not operate Delay Boot on a network or a multi-user system. Purchasing a license for a server copy of Delay Boot entitles you to use the Software on any and all computers connected to the file server. The program must be executed from the server [meaning that Delay Boot is placed on the file server's file system and is executed by the workstation accessing the Software from the file server]. DISTRIBUTION, COPYING RESTRICTIONS ---------------------------------- Individuals are granted a limited license to copy the SHAREWARE version of Delay Boot only for the trial use of other individuals in accordance with the limitations identified in this License, and subject to the following restrictions: 1. You MAY NOT distribute the Software in connection with any other product or service. 2. You MAY NOT make general use of the Software within a company, institution, or agency. 3. You MAY NOT copy or distribute the Software for any consideration or "disk fee". 4. You MAY NOT copy or distribute the Software in modified form. (Any distribution must include ALL FILES supplied by John L. Villalovos of Seriously Sound with the shareware version of Delay Boot, WITHOUT ALTERATION.) 5. You MAY NOT distribute the Software documentation, in whole or in part, in printed form. 6. This Software may not be placed or made available on Compuserve. Operators of electronic bulletin board systems (Sysops) are permitted and encouraged to post the shareware version of Delay Boot for downloading by their users, as long as the above conditions are met. Though a fee may be charged for BBS access, NO FEE may be charged to specifically access or download the Delay Boot shareware files. Non-profit computer-related User Groups may distribute the shareware version of Delay Boot provided the above conditions are met. However, such User Groups MAY charge a NOMINAL fee to cover the cost of the disk and copying of the Software. All ASP approved vendors are granted permission to distribute the shareware version of Delay Boot. All other disk vendors MUST obtain written permission from John L. Villalovos of Seriously Sound before distributing the shareware version of Delay Boot. Certain restrictions apply. WARRANTY DISCLAIMER ------------------- John L. Villalovos of Seriously Sound PROVIDES THE SHAREWARE VERSION OF Delay Boot "AS IS" AND WITHOUT ANY WARRANTY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, John L. Villalovos of Seriously Sound DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, John L. Villalovos of Seriously Sound MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE IS FIT FOR ANY PARTICULAR PURPOSE. John L. Villalovos of Seriously Sound SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THIS SOFTWARE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, DATA OR USE OF THE SOFTWARE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER SIMILAR CLAIMS, EVEN IF John L. Villalovos of Seriously Sound HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. U. S. GOVERNMENT LICENSEES -------------------------- If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply: The Government acknowledges John L. Villalovos of Seriously Sound's representation that the Software and its documentation were developed at private expense and no part of same is in the public domain. The Government acknowledges John L. Villalovos of Seriously Sound's representation that the Software is "Restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FARs) and is "Commercial Computer Software" as that term is defined in Subpart 27.401 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees that: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1)(ii) of the DFARS, and (ii) if the Software is supplied to any unit or agency of the United States Government other than the DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FARs. RESTRICTED RIGHTS LEGEND. Use, duplication or disclosure by the U.S. 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. John L. Villalovos of Seriously Sound, 563 S.W. Adams, Corvallis, OR 97333, U.S.A. EXPORT LAW ASSURANCES --------------------- You acknowledge and agree that the Software is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the Software nor any adaptation thereof is being or will be acquired, shipped, transferred or reexported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder, nor will it be used for any purpose prohibited by the same. GOVERNING LAW AND GENERAL PROVISIONS ------------------------------------ This License and Warranty Disclaimer shall be construed, interpreted and governed by the laws of the State of Oregon, U.S.A. If any provision is found void, invalid or unenforceable, it will not affect the validity of the balance of this License and Warranty Disclaimer which shall remain valid and enforceable according to its terms. This License and Warranty Disclaimer may only be modified in writing signed by you and a specifically authorized representative of John L. Villalovos of Seriously Sound. All rights not specifically granted in this License are reserved by John L. Villalovos of Seriously Sound. ORDERING INFORMATION ==================== Purchasing a license for Delay Boot allows you to use the product on a regular and/or continuing basis. Registration of your licensed copy of Delay Boot entitles you to technical support from John L. Villalovos of Seriously Sound or an authorized agent, and discounts on updates. With your purchase, you will receive: a licensed copy of the most current version of Delay Boot with a 90-day limited warranty. All prices and discounts are subject to change without notice. ORDERS OUTSIDE THE U.S.A ------------------------ Please when ordering send a check drawn on a US bank payable in US dollars. Delay Boot version v1.1 Order Form Remit to : John L. Villalovos 563 S.W. Adams Corvallis Or, 97333 USA Internet: villalj@instruction.cs.orst.edu john@fsign.com Phone: (503) 753-7883 Ship To (Name)_________________________________________________ (Organization)_________________________________________ (Address)______________________________________________ (Address)______________________________________________ (Phone)________________________________________________ Copies Registration Fee Per Workstation ______ x $ 5.00(US) = $___________ Registration Fee Per Server ______ x $ 25.00(US) = $___________ Number of copies ordered Total $___________ Shipping $ 5.00 Grand Total $___________ Diskette Size: ( )3-1/2" or ( )5-1/4" Method of Payment: ___ Check /Money Order (Make Payable to John L. Villalovos in US funds only) ___ Purchase Order (Corporation, University and Government agencies only. Terms: Net 30 days 12%APR on late payments.) Sorry, No Credit Card or COD. Orders will be shipped within 2 working days of receiving this order form. -------------------------------------------------------------------------- THE Delay Boot SOFTWARE IS LICENSED ONLY IN ACCORDANCE WITH THE John L. Villalovos of Seriously Sound LICENSE AGREEMENT THAT ACCOMPANIES THE Delay Boot SOFTWARE. Prices subject to change without notice. Call to confirm current prices.