METIS Tutorial for METIS Release 3/METIS v3.0 (Disc 1) Engine - Tutorial (NCR Corporation)(November 2000).iso/Metis/license.txt

Text File | 2000-08-25 | 16KB | 376 lines

                          COMPUTAS NA, Inc.
                  Customer Program License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE OPENING THE SEALED SOFTWARE PACKAGE OR USING THE
SOFTWARE. OPENING THE SEALED SOFTWARE PACKAGE OR USING THE
SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD
PROMPTLY RETURN THE PACKAGE UNOPENED TO THE PLACE WHERE YOU
OBTAINED IT FOR A PROPER CREDIT.

This license agreement ("Agreement") applies to the program
contained in the accompanying package ("Software") and any
accompanying documentation and training materials
("Documentation"). Unauthorized copying is prohibited by
copyright law and other applicable laws. YOU MAY NOT USE,
COPY, MODIFY OR TRANSFER THE SOFTWARE OR DOCUMENTATION, IN
WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS
AGREEMENT. The Software and Documentation are or may be
considered by COMPUTAS as confidential, proprietary and a
trade secret and shall be safeguarded by you as such. Title
to the Software and Documentation and copies of each remains
with COMPUTAS as the copyright owner.

LICENSE

COMPUTAS grants you a non-exclusive license to use the
Software and Documentation, solely in accordance with and
subject to the limitations below and other provisions of
this Agreement. This license grant is subject to the payment
of all applicable license fees. The license granted under
this Agreement does not grant you any right to any
enhancement or update to the Software or Documentation, but
you may obtain enhancements and updates by separately
purchasing a subscription to the Software from COMPUTAS.

You may:

a. use the Software only on a single, non-networked machine
at a single location, unless the Software has been
specifically designated by COMPUTAS in contractual
documentation accompanying this package for your use on a
group of machines;

b. use the Software on your internal company network if a
licensed copy of the Software has been acquired for each
person permitted to access the Software through the network;

c. if you have purchased a license for multiple copies of
the Software, make the total number of copies of the
Software and Documentation stated on the invoice(s),
provided any copy must contain all of the original
Software's proprietary notices. The number of copies stated
on the invoice(s) is the total number of copies that may be
made for all platforms.

d. copy the Software into any machine readable form for
backup purposes only, to support your use of it in the
single machine or designated group of machines; and;

e. permanently transfer the Software and license to another
party only if the other party agrees to accept and be bound
by the terms and conditions of this Agreement. You must
advise COMPUTAS of the name and address of the other party
and the other party must accept the terms of this Agreement
by signing a copy of it and providing COMPUTAS with the
signed copy. If you transfer the Software, you must at the
same time destroy all copies of the Software and
Documentation whether in printed or machine-readable form
that you have not transferred to the other party.

You may not:

f. modify, translate, reverse engineer, decompile,
disassemble (except and solely to the extent an applicable
statute expressly and specifically prohibits such
restrictions), or create derivative works based on the
Software or the Documentation;

g. rent, lease, lend, sell or grant a security interest to
the Software;

h. remove or alter any trademark, logo, copyright or other
proprietary notices, legends, symbols or labels in the
Software or Documentation, or in copies you have made of the
Software or Documentation.

You must reproduce and include any copyright notice, serial
number and any other notice on any copy.

IF YOU TRANSFER POSSESSION OF ANY COPY TO ANOTHER PARTY,
YOUR LICENSE WILL BE AUTOMATICALLY TERMINATED.

TITLE

Title, ownership rights, and intellectual property rights in
the Software and Documentation shall remain in COMPUTAS
and/or its suppliers. You acknowledge such ownership and
intellectual property rights and will not take any action to
jeopardize, limit; or interfere in any manner with
COMPUTAS' or its supplier's ownership of or rights with
respect to the Software and Documentation. The Software and
Documentation are protected by copyright and other
intellectual property laws and by international treaties.

TERM

Your license is effective until terminated. You may
terminate it at any time by destroying the Software and
Documentation, including all copies, in any form. It will
also be terminated upon conditions set forth elsewhere in
this Agreement or if you fail to comply with any term or
condition in this Agreement. You agree that upon any such
termination you will destroy the Software and Documentation,
including all copies in any form.

EXCLUSION OF WARRANTY

EXCEPT AS STATED IN THE LIMITED WARRANTY BELOW, THE SOFTWARE
AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF
THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION IS WITH
YOU. SHOULD THE SOFTWARE OR DOCUMENTATION PROVE DEFECTIVE,
YOU (AND NOT COMPUTAS OR ITS DEALER OR DISTRIBUTOR OR ANY
LICENSOR OF COMPUTAS OR OWNER OF THE SOFTWARE) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. There is no warranty by COMPUTAS or any other
party or person that the functions contained in the Software
will meet your requirements or that the operation of the
Software will be uninterrupted or error free. You assume all
responsibility for the selection of the Software to achieve
your intended results, and for the installation, use and
results obtained from it.

LIMITED WARRANTY

If all license fees have been paid, COMPUTAS warrants both
the media on which the Software is furnished and the
reproduction of the Software on the media 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 receipt.  This Limited
Warranty only applies to the original recipient of the
Software and is void if the failure of the Software is due
to abuse or misuse.

COMPUTAS' entire liability and your exclusive remedy for
any failure of the Software to comply with this Limited
Warranty shall be:

a. the repair or replacement of any media not meeting
COMPUTAS' Limited Warranty and which is returned to
COMPUTAS or any authorized COMPUTAS dealer or distributor
within the 90-day period, with a copy of your receipt, or

b. if COMPUTAS or its authorized dealer or distributor is
unable to deliver replacement media which is free of
defects, you may terminate the license by returning the
Software and Documentation and your money will be refunded.

IN NO EVENT WILL COMPUTAS OR ANY OTHER PARTY OR PERSON BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST
PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OR
INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR MEDIA EVEN
IF COMPUTAS OR THE OTHER PARTY OR PERSON HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.  In no event will the
aggregate liability of COMPUTAS and its suppliers (whether
in contract, warranty, tort, product liability or other
theory) arising out of this Agreement or the use or
inability to use the Software exceed the compensation you
paid to COMPUTAS for the Software.

Some states do not allow limitations on how long an implied
warranty lasts, so the above exclusion may not apply to you.

Some states do not allow limitations of liability for
incidental or consequential damages so the above limitation
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.

U.S. GOVERNMENT RESTRICTED RIGHTS

If you are using the Software or Documentation on behalf of
any unit or agency of the United States Government, the
Government acknowledges that (a) the Software and
Documentation constitutes "commercial computer software" or
"commercial computer software documentation" for purposes of
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable,
and (b) the Government's rights are limited to those
specifically granted to the licensee pursuant to this
Agreement. Manufacturer is:

COMPUTAS NA, Inc., 2721 226th Ave SE, Sammamish, WA 98029

The Software and Documentation is unpublished --all rights
reserved under the copyright laws of the United States.

MISCELLANEOUS

You may not sublicense, assign or transfer the license or
the Software or Documentation except as expressly provided
in this Agreement. Any attempt otherwise to sublicense,
assign or transfer any of the rights, duties or obligations
here under is prohibited, and will automatically terminate
your license and right to use the Software and
Documentation.

You will comply with all applicable export and re-export
restrictions and regulations imposed by the United States
government or any other governmental authority.

This Agreement will be governed by the laws of the State of
Washington without reference to its choice of law
principles.  The provisions of the 1980 U.N. Convention on
Contracts for the International Sale of Goods shall not
apply.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE 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 US AND THAT IT
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS BETWEEN US OR BETWEEN YOU AND
ANY COMPUTAS DEALER OR DISTRIBUTOR RELATING TO THE SUBJECT
MATTER OF THIS LICENSE AGREEMENT. THE ACCEPTANCE OF ANY
PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL
ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE
IN YOUR PURCHASE ORDER.

COPYRIGHT

METIS Version 3.0.1
Copyright ⌐ 1999-2000 COMPUTAS AS. All rights reserved.

Warning: This computer program is protected by copyright
law and international treaties.

Unauthorized reproduction or distribution of this program,
or any portion of it, may result in severe civil and criminal
penalties and will be prosecuted to the maximum extent
possible under the law.



Third Party Software License Terms

GUIDELINES FOR USAGE OF THE CLIPART LIBRARY

METIS 3.0.1 contains copyrighted clipart library licensed from
IMSI, Inc.  To use the clipart library you must agree to the
following GUIDELINES FOR PHOTO, CLIP ART and FONT IMAGE
USAGE.

IMSI GUIDELINES FOR PHOTO, CLIP ART AND FONT IMAGE USAGE
Many photo, clip art and font images contained in this
product are either licensed from or owned by third-party
sources.  In utilizing this product you are permitted to
use, modify and publish the images freely subject to the
following restrictions:

YOU ARE NOT PERMITTED TO:
1.  sell or redistribute the photos, clip art or fonts as stock
    photography, clip art or fonts;
2.  use any of the photo images related to identifiable
    individuals or entities in a manner which implies their
    endorsement of or association with any product, service,
    or entity;
3.  use specific government, company or persons' names, initials
    and emblems to express or imply endorsement or sponsorship of
    any commercial product, service or activity;
4.  create obscene or scandalous works using the photo, clip art
    or font images; and
5.  use the photo, clip art or font images in electronic format,
    including on-line use and multimedia applications, unless all
    of the following conditions are met:
     a)  the images are incorporated for viewing purposes
             only;
     b)  the images do not comprise a large portion of the
             content of the application;
     c)  no permission is given to download and save the
             images for any reason; and
     d)  the application is not a product which is similar to
             or competes with any of the features of any IMSI
             product.

Commercial use of images should include an IMSI credit, which
should read as follows:

     "The images used herein were obtained
      from IMSI's Master Photos Collection,
      1895 Francisco Blvd. East,
          San Rafael, CA 94901-5506, USA."

THE FOLLOWING GUIDELINES REFER TO PUBLICITY RIGHTS:

IMSI makes no representation or warranty as to the right of users to
utilize any individual's name, likeness, and/or image appearing
 in the Master Photos Collection. Users must obtain directly
from each such individual the appropriate rights of
publicity license necessary to commercially exploit such
name, likeness, and/or image.

For further information, please contact IMSI's Customer Service
Department:
    Fax: [phone]
    E-mail: [e-mail]
    Phone: [phone]
    Mail: IMSI, ATTN: Customer Service Department,
          1895 Francisco Blvd. East,
          San Rafael, CA 94901-5506, USA.

COPYRIGHTS OF MASTERCLIPS Browser (c) 1990-1998 by IMSI,
Inc. All rights reserved. MasterClips and MasterPhotos are
trademarks of IMSI.  All other trademarks acknowledged.

Classic Art (Dover)
This manual and clip art collection contains selected
graphics from the Dover Pictorial Archive Series (r)
including Books from the Dover Clip Art Series (r). These
illustrations belong to the Dover Pictorial Archive
Series. You may use the designs and illustrations for
graphics and crafts applications, free and without special
permission, provided that you include no more than ten (10)
in the same publication or product. (For permission for
additional use, please write to Dover Publications Inc., 31
East 2nd Street, Mineola, NY 11501.) However, republication
or reproduction of any illustration by any other graphic
service whether it be in a book, in a machine-readable form,
or in any other design resource is strictly
prohibited. Furthermore, they cannot be duplicated or resold
as any other form of publishing, clip art, or graphic
resource. Dover Pictorial Archive Series and The Dover Clip
Art Series are registered trademarks of Dover Publications
1993. Copyright (c) Dover Publications 1993, IMSI 1998.

Clipart
BEM Business Link (c) 1998
C.A.R., Inc. (c) 1994-1998
Computer Support (c) 1998
CliptoArt (c) 1998
Expressions, Inc. (c) 1998
Focus Designs (c) 1998
IA Users Club, Inc. DBA GraphicCorp (c) 1995-1998
IMSI (c) 1998
Imageline, Inc. (c) 1998
Inspire Graphics (c) 1998
Little Men Studios, Inc. (c) 1998
Management Graphics Ltd. (c) 1998
Micrografx, Inc. (c) 1998
Multi-Ad Services (c) 1998
Flags updated by One Mile Up, Inc. (c) 1998 makers of the Federal Clip
Art library (www.onemileup.com)
Produktum AB, Sweden (c) 1998
Native American, Petroglyph & Western Clip Art (c) 1990-98, RT
Computer Graphics, Inc., Rio Rancho, NM (www.rtcomputer.com)
River Sharpe, Inc. (c) 1998
Rock International Corporation (c) 1998
RomTech, Inc. (c) 1998
Sepp Roesli (c) 1998
Studio Advertising Art (c) 1998
Swyrich Corporation (c) 1998
Totem Graphics (c) 1998
Toon-A-Day (c) 1996-98
TnT Designs (c) 1998
Xoom Software, Inc. (c) 1998
Wood River Media, Inc. (c) 1998
Other copyrights c/o IMSI (c) 1998

All rights reserved.