I just tried submitting this email to some email addresses for Packard
Bell that I got off the Internet (that sadly were 10 years old).
Can anyone help with something more up to date?
I post the email here as it may be of interest and somebody may be
able to say if Packard Bell are the right people to get in contact
with.
=====================
Dear Sir/Madam,
I am trying to sell a Zenith systems stand alone version of Windows
3.1 for
workgroups on ebay (userid: m032tr00). Here is a link to the item
that was
not cancelled by ebay but did not sell regardless
http://cgi.ebay.co.uk/ws/eBayISAPI.d...MEUS:IT&ih=007
As I understand it I have to contact the company producing the product
to
find out why there is a restriction on it that prevents me from
selling it
on ebay. Zenith are no more ... and were taken over by Packard Bell
NEC.
Therefore I assume that I have to contact you about this.
This item is not OEM software. It is a free standing package that can
be
used with any single computer and I have typed out the licence and can
send
that to show that I have legal rights to be able to sell this
software.
Here is the licence information. I hope this will allow you to
clarify the
situation with ebay
Yours sincerely
BJ
==========================================
Zenith Data Systems
Software End User Licence Agreement
Carefully read the following terms and conditions before opening
the diskette package. Opening the diskette package indicates your
understanding and acceptance of all the following terms and
conditions.
If you do not agree with them, you may promptly return the diskette
package
unopened and any associated documentation (collectively refered to as
SOFTWARE)
to your dealer and your money will be refunded.
IMPORTANT. This SOFTARE is a propriety product and is protected by
copyright
laws. It is licenced (not sold) for use on a single machine, and is
licenced only on the condition that you agree to the terms of this END-
USER
LICENCE AGREEMENT. You assume responsibility for the selection of
the
SOFTWARE
to achieve your intended results, and for the installation, use and
results
obtained
from the SOFTWARE.
Licence
1. Use. You may use the SOFTWARE on a single machine. The SOFTWARE
may be
removed from
one machine and physically transferred to another machine, but shall
not
under any
circumstances be used concurrently on more than one machine.
2. Copy, modify and merge. You may copy the SOFTWARE into any
machine-readable or printed form
for backup or modification purposes in support of your use of the
SOFTWARE
on a single
machine. Any portion of this SOFTWARE merged into another program
will
continue to be
subject to the terms and conditions of this Agreement. You must
reproduce
and include the
copyright nitice(s) on any copy, modification or portion merged into
another
program.
3. Transfer. You may transfer the SOFTWARE together with this licence
to
another party, but only
if the other party agrees to accept the terms and conditions of this
Agreement. If you transfer
the SOFTWARE and licence, you must at the same time either transfer
all
copies (whether in printed
or machine-readible form) to the same party, or destroy any copies
not
transferred, including all
modifications and portions of the SOFTWARE contained or merged into
other
programs. Any such transfer
of the SOFTWARE and licence to another party terminates your licence.
Any
attempt to transfer the
SOFTWARE and licence, other than as set forth herein, shall be null
and
void. In no event may you
transfer, assign, rent, lease, sell or otherwise dispose of the
SOFTWARE on
a temporary or permanent
basis, except as expressly provided herein.
4. Other restrictions. You may not reverse engineer, decompile or
disassemble the SOFTWARE.
5. Dual media software. If the software package contains both 3.5"
and
5.25" disks, you may use only
the disks appropriate for your single-user computer. You may not use
the
other disks on another
computer, or loan, rent, lease or transfer them to another user,
except as
part of the permanent
transfer (as provided above) of all SOFTWARE and written materials.
Except as expressly provided in this agreement, any use, copying,
modification, or merging of the
SOFTWARE, including documentation, or transfer of the software and
licence,
is prohibited.
Term. The licence is effective until terminated. You may terminate
it at
any other time by destroying
the SOFTWARE together with all copies, modifications and merged
portions in
any form. It will also
terminate upon conditions set forth elsewhere in this Agreement, or if
you
fail to comply with any term
or condition of this Agreement. You agree upon such termination to
destroy
the SOFTWARE together with
all copies, modifications and merged portions in any form.
Limited warranty. The SOFTWARE is provided "as is" without warranty
of any
kind, either expressed or
implied warranties of merchantability and fitness for a particular
purpose.
The entire risk as to the
quality and performance of the software is with you. Should the
SOFTWARE
prove defective, you (and not
Zenith Data Systems Corporation (hereinafter named ZDS), Microsoft
Corporation, or an authorized
personal computer dealer) assume the entire cost of all necessary
servicing,
repair or correction.
Some states do not allow the exclusion of implied warranties, so the
above
exclusion may not apply to
you. This warranty gives you specific legal rights and you may also
have
other rights which vary from
state to state.
Neither ZDS nor Microsoft Corporation warrants that the functions
contained
in the SOFTWARE will meet
your requirements or that the operation of the SOFTWARE will be
uninterrupted or error free.
ZDS warrants the diskette(s) on which the SOFTWARE is furnished to be
free
from defects in materials and
workmanship under normal use for a period of ninety (90) days from the
date
of delivery to you, as
evidenced by a copy of your purchase receipt.
Limitations of remedies. ZDS's and Microsoft Corporation's entire
liability
and your exclusive remedy shall
be the replacement of any diskette not meeting ZDS's "Limited
Warranty" and
which is returned to ZDS at the
address below with a copy of your purchase receipt.
In no event will ZDS or Microsoft Corporation be liable to you for
any
damages, including lost profits, lost
savings or other incidental or consequential damages arising out of
the use
or inability to use such SOFTWARE,
even if ZDS, Microsoft Corporation or any authorised ZDS personal
computer
dealer has been advised of the
possibility of such damages, or for any claim by any other party.
Some states do not allow the limitation or exclusion of liability for
incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
General. This Agreement will be governed by the laws of the State of
Michigan.
U.S. Government restricted rights. Use, duplicaqtion or disclosure by
the
Government is subject to restrictions
as set forth in subparaqgraph (c)(1)(ii) of the Rights in Technical
Data and
Computer Software clause at DFAQRS
252q.227-701q3 (Oct 1988); or, if provided under a contract or
subcontract
with NASA or a civilian agency of the
Government, to the restrictions set forth in such contract or
subcontract.
Zenith Data Systems Corporation of
Hilltop Road, St. Joseph, Michigan 49085.
You acknowledge that you have read this agreement, understand it, and
agree
to be bound by its terms and conditions.
You further agree that it is the complete and exclusive statement of
the
agreement between you and ZDS which
supersedes any proposal or prior agreement oral or written, and any
other
communications between us relating to the
subject matter of this agreement.
Should you have any questions concerning this Agreement, or if you
desire to
contact ZDS for any reason, please
contact your ZDS Sqales Representative
Zenith Data Systems Europe Zenith Data Systems
Marketting Department Service Receiving
55, Avenue des Champs Pierreux 2901 Lakeshore Drive
92002 Nanterre St. Joseph, MI 49085
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