ThePier Shareware (tm) CD-ROM #9 Copyright (c) 1996 The Pier Exchange All Rights Reserved THE PIER EXCHANGE LICENSE & WARRANTEE AGREEMENT This License Agreement is your Proof of License. This is a legal agreement between you (either an individual or entity), the end user and The Pier Exchange. If you do not agree to the terms of this Agreement, promptly return the CD-ROM disk package and accompanying items to the Dealer you obtained it for a full refund. THE PIER SHAREWARE CD-ROM LICENSE 1. Copyright and Grant of License: The Pier Shareware CD-ROM is copyrighted. The Pier Exchange retains ownership of the enclosed CD-ROM. The Pier Shareware CD-ROM is Licensed to you for use as permitted by this Agreement. 2. Permitted Use: You may use The Pier CD-ROM on compatible computer including networks. You may use The Pier CD-ROM on public or private Bulletin Board Systems. You may use all of the programs provided on the CD-ROM in accordance with the terms of the Authors of the programs in question. The files listings contained in the BBS directories and TEXT directory on The Pier Shareware CD-ROM may be imported into a BBS data base for noncommercial use only. 3. Prohibited Use: You may not rent or lease The Pier Shareware CD-ROM. You may not sublicense The Pier Shareware CD-ROM. You may not use The Pier Shareware CD-ROM on a public or private Bulletin Board System (BBS) in the Buffalo, N.Y. local phone calling area. All file listings contained in the BBSs directories, THEPIER, and file directories on The Pier Shareware CD-ROM are Copyrighted, and any commercial use is prohibited. This CD-ROM contains shareware and public domain programs and are provided at no charge to the user for evaluation. Feel free to share them with your friends, or associates but do not give them away altered or as part of another system. The essence of "user-supported" software is to provide personal computer users with quality software without high prices, and yet to provide incentive for programmers to continue to develop new products. If you find any of the programs useful and find that you are using them on a regular bases, or beyond the author's trial period, you must make a registration payment to the author, or company in question. 4. Responsibility of Bulletin Board Systems: File(s) that are found to be commercial or hacked programs by the System Operator, or as reported to you by the distributor of the CD-ROM, or by the Author of the program(s) in question, you must remove the file(s) name and description from your files listing upon receiving such knowledge of there existence. The Pier Exchange reserves the right to terminate this License if there is a violation of its terms or default by the License Holder of this Agreement. Upon termination for any reason, all copies of the software must be returned to The Pier Exchange unless instructed to destroy the CD-ROM by The Pier Exchange, in either case the Licensed Holder will be liable for any and all damages suffered as a result or default. 5. DISCLAIMER - WARRANTY AGREEMENT Purchase holders of The Pier Shareware CD-ROM must accept this disclaimer of warranty: "this CD-ROM is supplied as is. The author disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The author assumes no liability for damages, direct or consequential, which may result from the use of this CD-ROM, or the software contained therein. THE PIER EXCHANGE HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THIS CD-ROM, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PIER EXCHANGE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES DUE TO LOSS OF DATA OR ANY OTHER REASON, EVEN IF THE PIER EXCHANGE, OR AN AGENT OF THE PIER EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE PIER EXCHANGE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS CD-ROM SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS CD-ROM, OR THE SOFTWARE THEREIN, EVEN IF THE PIER EXCHANGE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS CD-ROM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE CD-ROM BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. This agreement shall be governed by the laws of the Commonwealth of New York and shall inure to the benefit of The Pier Exchange and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Buffalo, New York. The parties hereby consent to in personam jurisdiction of said courts. Info/FAX (716) 875-4932 Orders (800) 438-9734 BBS (716) 875-3130