THIS AGREEMENT IS A LEGAL DOCUMENT. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. READ IT CAREFULLY BEFORE CLICKING THE "YES" BUTTON. BY INSTALLING AND USING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
1. Definitions
(a) "Macromedia" means Macromedia, Inc. and its licensors, if any.
(b) "Software" means the software programs supplied by Macromedia herewith, and any and all updates thereto.
2. License
This Agreement allows you to:
(a) Use the Software on a single computer.
(b) Make one copy of the Software in machine-readable form for backup purposes.
3.Restrictions
You may not make or distribute additional copies of the Software or electronically transfer the Software from one computer to another. You may not rent, lease or sublicense the Software. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify the Software or create derivative works based upon the Software.
4. Ownership
This license gives you limited rights to use the Software. You do not own and Macromedia retains ownership of the Software and all copies of it. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Macromedia.
5. Disclaimer of Warranties and Technical Support
The Software is provided to you on an "AS IS" basis, without any technical support or warranty of any kind from Macromedia including, without limitation, a warranty of merchantability, fitness for a particular purpose or non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
6. Limitation of Damages
MACROMEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. This limitation of liability and the exclusive remedy herein are fundamental elements of the agreement between Macromedia and you. You agree that Macromedia would not be able to provide the Software on an economic basis without such limitations.
7. Exclusive Remedy
Your exclusive remedy under Section 6 is to return the Software to the place where you acquired it, with a copy of your receipt and a description of the problem. Macromedia will use reasonable commercial efforts to supply you with a replacement copy of the Software, or refund to you your purchase price for the Software, at its option. Macromedia shall have no responsibility if Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration.
8. Government End Users RESTRICTED RIGHTS LEGEND
This software is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103.
9. General
This Agreement shall be governed by the internal laws of the State of California. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103, Attention: Chief Financial Officer.
Macromedia is a registered trademark of and Showcase is a trademark of Macromedia, Inc.
