Hemera Photo-Objects Sampler Software owners are free to use, modify and publish Hemera Photo-Object images as they wish subject to the exceptions as listed below.
YOU MAY NOT:
create scandalous, obscene or immoral works using Photo-Object images;
redistribute or sell any of the Photo-Objects as Photo-Object images;
use the Photo-Object images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or service;
use the Photo-Object images electronic format for on-line use unless all of the following conditions are met:
the images are incorporated for viewing purposes only;
no permission is granted to download and save the images for any reason.
use the Photo-Object images electronic format, including multimedia applications, unless all of the following conditions are met:
the images are incorporated for viewing purposes only;
the Photo-Object images are embedded;
the images do not represent a significant portion of the application;
a Hemera credit is included in the application; and
the application is not a product which is similar to, or competes with, any of the features of any Hemera product.
LICENSING AGREEMENT
CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. BY USING THIS PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, RETURN THE PRODUCT COMPLETE TO THE COMPANY FROM WHOM IT WAS OBTAINED WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT, FOR A FULL REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
A. LICENSE: Hemera ("we" or "us"), provides you with storage media containing a computer program (the "Program"), user manual, License (the "License"), and grants you a license to use the Product in accordance with the terms of this license. The copyright and all other rights in the Product shall remain with us or our suppliers. You must reproduce any copyright or other notice marked on the Product on all copies you make.
B. YOU MAY:
1. Use the Program only on a single computer or network, and only by a single user at a time regardless of the number of original copies of the Program included with the Product. If you wish to use the Program for more users, you will need a further license for each user;
2. make one copy of the Program for archive or back-up purposes, and
3. you may use a copy of the Program on a home or portable computer if that copy is never loaded at the same time it is loaded on your primary computer.
4. transfer the Program to someone else, only if you assign all of your rights under this License, cease all use of the Program, erase or destroy any copy (including the hard disk copy)d made in support of your use of the Program, and the other person agrees to the terms of this License.
5. if the product is an upgrade from another product, whether from us or another supplier, you may use or transfer the product only in conjunction with the upgraded product unless you destroy it. If the product is an upgrade from a Hemera product, you may only use that upgraded product in accordance with this License.
C. YOU MAY NOT:
1. Use the Product or make copies of it except as permitted in this License;
2. publish or distribute the computer images included with the Program as computer images;
3. use any of the computer images included with the Program, except in accordance with the guidelines included in the documentation for the Program and in this license.
4. use any of the computer images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or service;
5. translate, reverse engineer, decompile or disassemble the Program, except to the extent the foregoing restriction is expressly prohibited by applicable law;
6. rent, lease, assign or transfer the Product except as set out above; or
7. modify the Program or merge all or any part of the Program in another program.
D. TERM: This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
E. WARRANTY: We warrant that the storage media in this Product will be free from defects in materials and workmanship for 90 days from the date you acquire it. If such a defect occurs, return it to Hemera Technologies and we will replace it free. This remedy is your exclusive remedy for breach of this warranty. It gives you certain rights and you may have other legislated rights which vary from jurisdiction to jurisdiction.
F. LIMITATION OF WARRANTIES AND LIABILITY: Except for the express warranty above, the Product is provided on an "as is" basis, without any other warranties, or conditions, express or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing. The entire risk as to the results and performance of the Product is assumed by you.
Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages or they are foreseeable; or for claims by a third part.
Our maximum aggregate liability to you, and that of our dealers and suppliers shall not exceed the amount paid by you for the Product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some states-countries do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to you.
G. RESTRICTED RIGHTS: If this Product is acquired by or for the U.S. Government then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 52.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable.
H. GENERAL: This License is the entire agreement between us, supersedes any other agreement or discussions, oral or written and may not be changed except by a written signed agreement. This License is governed by the laws of the Province of Quebec (except federal law governs copyrights and registered trade-marks). If any provision of this Agreement is deemed invalid by any court having jurisdiction, that particular provision will be deemed deleted and will not affect the validity of any other provision of this Agreement.
The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties prΘsentes ont exigΘ que cette entente et tous autres documents envisagΘs par les prΘsentes soient rΘdigΘs en anglais.
