PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS COMPACT DISC SOFTWARE. BY USING THIS COMPACT DISC SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. License. The compact disc software accompanying this License (the "Software") and the related documentation are licensed to you by Manga Entertainment, Inc. You own the disk on which the Software is recorded but Manga Entertainment, Inc. retains title to the Software and related documentation. This License allows you to use the Software on a single computer. You may also transfer all your license rights in the Software and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to human-perceivable form. You may not modify, network, rent, lease, loan, distribute, publish, copy or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one computer to another or over a network.
3. Termination. This license is effective until terminated. This license will terminate immediately without notice from Manga Entertainment, Inc. if you fail to comply with any provision of this License.
4. Limited Warranty. Manga Entertainment, Inc. warrants the compact disc on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. Manga Entertainment, Inc.'s entire liability and your exclusive remedy will be replacement of the compact disc not meeting Manga Entertainment, Inc.'s limited warranty and which is returned to Manga Entertainment, Inc. or an authorized representative with a copy of the receipt. Manga Entertainment, Inc. will have no responsibility to replace a disc damaged by accident, abuse or misapplication. You expressly acknowledge and agree that use of the Software contained on the compact disc is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and Manga Entertainment, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO BOTH THE DISC AND THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL Manga Entertainment, Inc. BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, OR FOR ANY DEFECTS, INCLUDING VIRUSES, CONTAINED IN THE SOFTWARE OR ON THE COMPACT DISC EVEN IF MANGA ENTERTAINMENT, 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 Manga Entertainment, Inc.'s total liability to you for all damages, losses and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the compact disc.
6. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of Illinois. 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. Export Law Assurances. You agree and certify that neither the Software, nor any other technical data received from Manga Entertainment, Inc., nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software, and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Manga Entertainment, Inc.
Copyright (c) 1999 Manga Entertainment, Inc. and its licensors. All rights reserved. Manga Video, Manga Logo and the Manga Video Logo are trademarks of Manga Entertainment, Inc. Unauthorized duplication is a violation of applicable laws.
