By installing this software you accept all the terms and conditions of this license agreement. If you do not agree to the terms of this agreement, you should not install Chromatica™.
License:
Chroma Graphics Inc. ("Chroma") grants you a license to use the enclosed software programs, associated files, and photographic images (the "software") in accordance with the terms of this license. The copyright and all other rights in the software and the accompanying written materials (jointly, "the product") shall remain with Chroma and its licensers with all rights reserved.
You May:
(1) use the software on any single computer, provided that the software is in use on only one computer at a time. The software is "in use" on a computer when loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (i.e. hard disk) of that computer. (2) make a single copy of the software solely for backup purposes. (3) modify, publish and distribute the photographic images except as set out below and in the caption text associated with each individual image. (4) permanently transfer your rights under this agreement to a third party by providing to such party this agreement, the software, and all accompanying written materials, provided that you retain no copies of the software or written materials and that the other party agrees to the terms of this license agreement.
You May Not:
(1) make (or allow anyone else to make) any form of copy, whether digital, printed, photographic or otherwise, of any of the images in this product, except insofar as such images may be incorporated by you into an on-screen or printed material. (2) place (or allow anyone else to place) any of the images in this product on an electronic bulletin board or other form of on-line service. (3) reverse engineer, decompile, or disassemble the software (4) modify, adapt, translate, rent, lease, loan or create derivative works from the software. (5) export the product in any form without the appropriate United States and foreign government licenses.
Term:
This license shall continue for as long as you use the software, except that it will terminate if you fail to comply with any term or condition of this agreement. Upon such termination, or in order for you to terminate the agreement, you agree to destroy the original and any copies of the software. The limitation of the warranties and liability set out below shall continue in force even after any termination.
Restricted Rights:
Use, duplication or disclosure by the government is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
General:
You acknowledge that you have read this agreement and understand that it is the complete and exclusive statement of your agreement with Chroma. This agreement will be governed by the laws of the State of California.
LIMITED WARRANTY AND DISCLAIMER, LIMITATION OF REMEDIES AND DAMAGES-- YOU ACKNOWLEDGETHAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. CHROMA WARRANTS THE CD ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR 90 DAYS FROM PURCHASE, BUT THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE LICENSED "AS IS." ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS AND LIMITED TO 90 DAYS AS TO THE CD, YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE CD OR REFUND OF THE PURCHASE PRICE. IN NO EVENT WILL CHROMA OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF CHROMA OR AN AUTHORIZED CHROMA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHROMA's liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500 or the money paid for the Software that caused the damages.
THE ABOVE LIMITATIONS WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Chroma, the Chroma logo, Chromatica, the Chromatica logo, ChromaMask,ChromaColor, ChromaPalette, EdgeWizard and Infinite Color are trademarks of Chroma Graphics, Inc. Photoshop is a registered trademark of Adobe Systems, Inc. Macintosh is a registered trademark and Power Macintosh is a trademark of Apple Computer, Inc. All other trademarks are the property of their respective owners. Model photograph courtesy of Burberry’s, Inc.
Contains implementations of Chroma algorithms protected under U.S. Patents 5,416,848 and 5, 473,736. Additional patents pending. All rights reserved.
