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LICENSE3.TXT
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1997-09-29
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------------------------------------------------------------------------
PAGE ONE DESIGN INC. SOFTWARE LICENSE
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND PAGE ONE DESIGN INC.
PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
BY INSTALLING, AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE
NOT AUTHORIZED TO INSTALL OR USE THIS SOFTWARE.
1. License
This License allows you to install and use this Page One Design Interactive
Tutorial Software (hereinafter referred to as the "Software" and data
on a single stand-alone computer. You are not authorized to install and use
the "Software" on a Local Area Network, Intranet or any other environment where
more than one computer would have potential access to the "Software".
2. Restrictions
This "Software" and data contains copyrighted material, trade secrets and
other proprietary material and in order to protect them you may not
decompile, reverse engineer, disassemble, edit or modify this "Software"
or its intellectual content. You may not rent, lease, loan, distribute or
create derivative works based upon the "Software" in whole or in part.
The "Software", it's programming and intellectual content remain the sole
property of Page One Design Inc.
3. Termination
This License is effective until terminated. You may terminate this License
at any time by destroying the "Software", related documentation and data
and all copies thereof. This License will terminate immediately without
notice from Page One Design Inc. if you fail to comply with any provision of
this license. Upon termination you must destroy the "Software", related
documentation and data and all copies thereof.
4. Disclaimer of Warranty
You expressly acknowledge and agree that your use of the "Software" and data
is at your sole risk. The "Software", related documentation and data are
provided AS IS and without warranty of any kind. The complete risk as to the
quality and performance of the "Software" is with you. Should the "Software"
prove defective, you assume the entire cost of servicing, correction or repair.
PAGE ONE DESIGN INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. PAGE ONE DESIGN INC. DOES NOT WARRANT THAT THE
"Software" WILL MEET YOUR REQUIREMENTS. WHILE THE INFORMATION PROVIDED
IN THE "Software" AND RELATED DOCUMENTATION IS BASED ON OUR BEST INTERPRETATION
OF AVAILABLE INFORMATION, PAGE ONE DESIGN INC., DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE "Software"
AND DATA OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
A REPRESENTATIVE AUTHORIZED BY THE PAGE ONE DESIGN INC SHALL CREATE A WARRANTY.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PAGE ONE DESIGN INC, ITS
OFFICERS, EMPLOYEES, AUTHORIZED RESELLERS OR AUTHORIZED LICENSEES BE LIABLE FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR
INABILITY TO USE THE "Software" OR RELATED DOCUMENTATION AND DATA, INCLUDING,
BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS
PROFITS OR REVENUES, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS EVEN IF
PAGE ONE DESIGN INC, AN AUTHORIZED REPRESENTATIVE OF PAGE ONE DESIGN, AN
AUTHORIZED RESELLER OR LICENSEE OF PAGE ONE DESIGN INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS 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.
IN NO EVENT SHALL THE TOTAL LIABILITY OF PAGE ONE DESIGN INC. TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO PAGE ONE DESIGN INC,
FOR THE "Software".
6. Controlling Law and Severability
The terms and conditions of this License shall be executed in accordance
with the laws of Canada and its provinces. If for any reason a court of
competent jurisdiction finds any provision of this License, or portion
thereof, to be unenforceable, that provision of the License shall be enforced to
the maximum extent permissible so as to effect the intent of the parties, and
the remainder of this License shall continue in full force and effect.
7. Complete Agreement
This License constitutes the entire agreement between you and PAGE ONE DESIGN
INC. with respect to your use of the "Software".
---------------------------------------------------------------------------
1997 Page One Design Inc.