The Graham Utilities for OS/2 - Version 2

Licence Agreement

WARPSPEED COMPUTERS ("Licensor") IS WILLING TO LICENCE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE YOU OPEN THIS PACKAGE, BECAUSE BY OPENING THIS SEALED DISK PACKAGE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENCE THIS SOFTWARE TO YOU, AND IN THAT CASE YOU SHOULD RETURN THIS PRODUCT PROMPTLY, INCLUDING THE PACKAGING, THIS UNOPENED DISK PACKAGE, AND ALL WRITTEN MATERIALS, TO THE PLACE OF PURCHASE PROMPTLY FOR A FULL REFUND.

Ownership of the Software

1. The enclosed Licensor software program ("Software") and the accompanying written materials are owned by Licensor and are protected by Australian copyright laws, by laws of other nations, and by international treaties.

Grant Of Licence

2. Licensor grants to you the right to use one copy of the Software on a single computer. You may load one copy into permanent memory of one computer and may use that copy, or the enclosed diskettes, only on that same computer. You may install the Software on a single network server, provided that you have a Licence for Network Station from Licensor for each station of the network at which the Software is used.

3. This licence is valid worldwide.

Restrictions on Use and Transfer

4. This Software package contains both 3½" and 5¼" disks, you may use only the size disks appropriate for your computer. You may not use the other size disks on another computer or loan, rent, transfer, or assign them to another user except as part of the permanent transfer of the Software and all written materials (as provided for below).

5. You may not copy the Software, except that (1) you may make one copy of the Software solely for backup or archival purposes, and (2) you may transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials.

6. You may permanently transfer the Software and accompanying written materials (including the most recent update and all prior versions) if you retain no copies and the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your licence. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.

7. You may not reverse engineer, decompile, or disassemble the Software.

Limited Warranty

8. Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of your receipt of the Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

9. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

10. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside Australia.

11. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.

12. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

13. This Agreement is governed by the laws of the State of Victoria, Australia.

14. If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write: WarpSpeed Computers, PO Box 212, Brunswick VIC 3056, Australia or call +61-3-9307-0611.

15. U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is WarpSpeed Computers, 11 Birchwood Way, Delahey, VIC 3037, Australia.