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In this notice, the terms:
'Locomotive' means Locomotive Software Limited
'The Program' means the program known as Mallard BASIC on the diskettes supplied in the diskette package.
'Machine' means a computer of the type known as a Sinclair ZX Spectrum +3.
The Program may only be used on a single Machine at any one time but may be copied or merged into other programs in support of that use. Any such copying or merger is subject to there being no modification of The Program and in particular to the copyright notice of Locomotive being preserved in the copied or combined program. Save for copying or merger within other programs as aforesaid, any other operations (including modification or translation from machine readable form) are expressly prohibited.
The Program may be transferred to a third party provided the original Program and all copies are transferred or otherwise destroyed and provided further these terms and conditions are produced to that third party and prior to the transfer that party agrees and undertakes to observe and continue to observe the same. Without such transfer and undertaking any application of The Program or copies thereof by any other person will not be authorised by Locomotive and will be in breach of Locomotive's copyright and other proprietary rights.
The documentation accompanying The Program is also copyright Locomotive. However, no right to reproduce that documentation in part or in whole is granted by Locomotive. Should additional copies of the documentation be required for whatever reason, application must be made in writing to Locomotive which will be considered in its discretion.
If the user for the time being acts in breach of any of these terms and conditions it shall indemnify Locomotive against all loss suffered (including loss of profits) and the licence granted hereunder shall be deemed to be terminated forthwith. On termination the user shall deliver up to Locomotive all infringing and lawful copies of The Program.
Neither Locomotive nor any person authorised by it gives warranties or makes representations that the program is error free or will meet functions required by the user. It shall be the responsibility of the user to satisfy itself that The Program meets the user's requirements. The program is supplied on an 'as is' basis and save as expressly provided in these conditions all warranties of any nature (and whether express or implied) are excluded.
Locomotive warrants that the diskette on which the program is stored is free from material defect and through normal use will remain so for a period of 90 days after purchase. In the event of any breach of this warranty (or statutory warranty or conditions incapable of exclusion by these conditions) the responsibilities of Locomotive shall be limited to replacing the enclosed program or to returning the price paid for the same as they shall determine.
As the sole exception to the foregoing Locomotive will accept liability for death or personal injury resulting from its negligence. In no circumstances shall Locomotive be liable for any indirect or consequential costs damages or losses (including loss of business profits, operating time or otherwise) arising out of the use or inability to use the enclosed program and diskette and whether or not the likelihood of damage was advised to Locomotive or its dealer.
This notice does not affect your statutory rights.
In this notice, the terms:
'DRI' means DIGITAL RESEARCH INC, Box DRI, Monterey, California 93942.
'Locomotive' means Locomotive Software Limited.
'The Program' means the program known as CP/M Plus on the diskettes supplied in the diskette package, together with all ancillary updates and enhancements supplied to you by DRI.
The Program may only be used on a single machine or terminal at any one time but may be copied or merged into other programs in support of that use. You may make one back-up copy of the program. Any such copying or merger is subject to there being no modification of The Program and in particular to the copyright notice of DRI being preserved in the copied or combined program. Save for copying or merger within other programs as aforesaid, any other operations (including modification or translation from machine readable form) are expressly prohibited.
The Program may be transferred to a third party provided the original Program and all copies are transferred or otherwise destroyed and provided further these terms and conditions are produced to that third party and prior to the transfer that party agrees and undertakes to observe and continue to observe the same. Without such transfer and undertaking any application of The Program or copies thereof by any other person will not be authorised by DRI and will be in breach of DRI's copyright and other proprietary rights.
The documentation accompanying The Program is copyright Locomotive (with parts copyright AMSTRAD plc). However, no right to reproduce that documentation in part or in whole is granted by Locomotive. Should additional copies of the documentation be required for whatever reason, application must be made in writing to Locomotive which will be considered in its discretion.
If the user for the time being acts in breach of any of these terms and conditions it shall indemnify DRI against all loss suffered (including loss of profits) and the licence granted hereunder shall be deemed to be terminated forthwith. On termination the user shall deliver up to DRI all infringing and lawful copies of The Program.
Neither DRI nor Locomotive give warranties or make representations that the program is error free or will meet functions required by the user. It shall be the responsibility of the user to satisfy itself that The Program meets the user's requirements. The program is supplied on an 'as is' basis and save as expressly provided in these conditions all warranties of any nature (and whether express or implied) are excluded.
Locomotive warrants that the diskette on which the program is stored is free from material defect and through normal use will remain so for a period of 90 days after purchase. In the event of any breach of this warranty (or statutory warranty or conditions incapable of exclusion by these conditions) the responsibilities of Locomotive shall be limited to replacing the enclosed program or to returning the price paid for the same as they shall determine.
As the sole exception to the foregoing Locomotive will accept liability for death or personal injury resulting from its negligence. In no circumstances shall DRI or Locomotive be liable for any indirect or consequential costs damages or losses (including loss of business profits, operating time or otherwise) arising out of the use or inability to use the enclosed program and diskette and whether or not the likelihood of damage was advised to DRI, Locomotive or their dealer.
This agreement shall be governed by and construed in accordance with the laws of England.
This notice does not affect your statutory rights.
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