Communique! 4.2
User’s Guide
For Use with UNIX
Communique! User’s Guide
Version 4.2 for use with UNIX
March 25, 1999
Copyright
©1997, 1999 MDL Corporation. Any rights reserved. No part of this work covered by copyright hereon may be reproduced in any form or by any means—graphic, electronic or mechanical—including photocopying, recording, taping or storage in an information retrieval system, without prior written permission of the copyright owner.
Trademarks
Communique!, Communique! Lite, Communique! Audiograph, Communique! Starter, Virtual Conference Room, INTV!, DVE, and OpenDVE are trademarks of Netscape Communications Corporation. All other tradenames, products, and services are trademarks or registered trademarks of their respective companies.
Software License Agreement
IMPORTANT: Please carefully read the License Agreement below before opening the media envelope. The right to use this MDL Software Product (Software) is sold only on condition that you (Customer) agree to the following License. If Customer does not agree to the terms of the License, he may return the unopened package for a full refund. OPENING THE ENVELOPE CONTAINING THE SOFTWARE PRODUCT INDICATES CUSTOMER’S ACCEPTANCE OF THESE TERMS AND CONDITIONS.
In return for payment of the one-time license fee for this software product, Customer receives from MDL Corporation (MDL) a license to use the product subject to the following terms and conditions:
1. Customer is granted the right to use this Software only on a single computer at a time, except that the Software may be executed from a common disk shared by multiple CPUs provided that one authorized copy of the Software has been licensed from MDL for each CPU executing the Software. Customer may make one copy of the Software in machine readable form provided that such copy of the original may be used solely for backup purposes. The Software is protected by copyright law. As an express condition the License, you must reproduce on each copy MDL’s copyright notice and any other proprietary legends on the original copy supplied by MDL. This restriction on copying the Software expires upon the expiration of all underlying copyrights.
2. Customer may use the Software only in accordance with the provisions of Section 1 hereof. Any other use is unauthorized and constitutes a breach of this Agreement.
3. The Software may be used without time limit on one personal computer or workstation. A separate license agreement and fee is required for each personal computer or workstation on which the product is used.
4. The Software may not be duplicated or copied except for archival purposes, program error verification, or to replace defective media, and all copies made must bear the copyright notices contained in the original. Customer may not modify, adapt, translate, create derivative works, disassemble, decompile or otherwise reverse engineer the Software. Customer agrees to neither directly nor indirectly export or re-export the Software, or any direct products thereof, outside the United States without first obtaining the appropriate government approvals.
5. This License and the Software may be transferred to a third party, with prior written consent from MDL, provided the third party agrees, in writing, to all the terms of this License Agreement and the Customer does not retain any copies of the Software. Failure to so agree in writing shall render the transfer null and void and of no further effect whatsoever and the transferee shall obtain no license to use the Software and such use shall constitute a breach of this Agreement.
6. Purchase of this license does not transfer any right, title or interest in the Software to Customer except as specifically set forth in this License Agreement. Customer acknowledges that the Software is protected under the copyright laws. This Software may have been developed by an independent third party software supplier named in this package, which holds copyright or other proprietary rights to the software product. Customer may be held responsible by this supplier for any infringement of such rights by Customer.
7. MDL reserves the right to terminate this license upon breach or alleged breach provided that such allegation is made in good faith and in the reasonable discretion of MDL. In the event of termination, Customer will either return all copies of the Software to MDL or, with MDL’s prior consent, provide MDL with a certificate of destruction of all copies.
8. In the event Customer modifies the Software or includes it in any other software program, upon termination of this license Customer agrees either to remove the Software or any portion thereof from the modified program and return it to MDL or to provide MDL with a certificate of destruction thereof.
9. The Software is not fault-tolerant and is not designed, manufactured or intended for use in conjunction with control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems (High Risk Activities) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. MDL and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities.
10. U.S. Government Restricted Rights. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to the Federal Acquisition Regulations (FAR) in paragraph 252.227-7013(c)(1) if the Software is supplied to the Department of Defense ("DOD"), or subject to Federal Acquisition Regulations in paragraph 52.227-19(c)(2) if supplied to any other unit or agency of the U.S. Government. Contractor/Manufacturer is: MDL Corporation, 2667 170th Avenue SE, Bellevue, WA 98008.
11. This Agreement is the complete and exclusive agreement between Customer and MDL relating to the Software and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against MDL unless MDL gives its express consent, including an express waiver of the terms of this Agreement, in writing signed by an officer of MDL.
12. Customer takes full responsibility and shall indemnify, defend and Hold MDL Harmless against any and all costs, losses, liabilities and expenses including attorney’s fees incurred or suffered by MDL as a result of any actual or alleged claim relating to the use of its products, including but not limited to the transmission of copyrighted material or other proprietary information. Any defense by Customer in connection with such action shall be at Customer’s expense. If Customer fails to notify MDL promptly of Customer’s undertaking to defend such action, MDL may defend such action at Customer’s expense. The Software may provide a mechanism for the re-broadcast or re-transmission of certain video signals originating from a third party vendor and the licensing of such re-broadcast or re-transmission, and the cost thereof, shall be the responsibility of Customer and the indemnification contained include any liability with respect thereto.
Limited Warranty
SOFTWARE: MDL warrants for a period of NINETY (90) DAYS from the date of the purchase that the Software will execute its programming instructions when properly installed on the personal computer or workstation indicated on this package. MDL does not warrant that the operation of the Software will be uninterrupted or error free. In the event that this Software fails to execute its programming instructions during the warranty period, Customer’s sole and exclusive remedy shall be to return the diskette(s) or tape cartridge(s) (media) to MDL for replacement. Should MDL be unable to replace the media within a reasonable amount of time, Customer’s remedy shall then be a refund of the purchase price upon return of the product and all copies.
MEDIA: MDL warrants the media upon which this product is recorded to be free from defects in materials and workmanship under normal use for a period of NINETY (90) DAYS from the date of purchase. In the event any media prove to be defective during the warranty period, Customer’s remedy shall be to return media to MDL for replacement. Should MDL be unable to replace media within a reasonable amount of time, Customer’s alternate remedy shall be a refund of the purchase price upon return of the product and all copies.
NOTICE OF WARRANTY CLAIMS: Customer must notify MDL in writing of any warranty claim not later than thirty (30) days after the expiration of the warranty period.
LIMITATION OF WARRANTY: MDL makes no other express warranty, whether written or oral with respect to this product. Any implied warranty of merchantability or fitness is limited to the 90-day duration of this written warranty. Some states or provinces do not allow limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to Customer*.
This warranty gives specific legal rights, and Customer may also have other rights which may vary from state to state, or province to province.
EXCLUSIVE REMEDIES: The remedies provided above are Customer’s exclusive remedies. In no event shall MDL be liable for any direct, indirect, special, incidental, or consequential damages, including lost profit, whether based on warranty, contract, tort, or any other legal theory. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Customer.
WARRANTY SERVICE: Warranty service may be obtained from the nearest MDL sales office or other location indicated in the owner’s manual or service booklet.
*UK only: If Customer is a consumer as defined by statutes, parts of this statement may not apply to Customer.
MDL Corporation
MDL Corporation
2667 - 170th Ave SE
Bellevue, WA 98008
U.S.A.
Tel. 1-425-861-6700
Fax. 1-425-861-6700