MacHome 1999 February/March/MacHome CD (February and March 1999).iso/iMac Updates/Digita Desktop Acquire Software/DigitaDesktopAcquire/DigitaDesktopAcquire.rsrc/TEXT_5002_English Legal.txt

Text File | 1998-12-10 | 8KB | 37 lines

END USER SOFTWARE LICENSE AGREEMENT

FLASHPOINT TECHNOLOGY, INC.
License for BETA VERSION of Acquire module

BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.  DISTRIBUTION OF THE SOFTWARE IS NOT ALLOWED.

1.    License.  The beta software accompanying this License (the "FlashPoint Software") and the related documentation, if any, are licensed to you by FlashPoint Technology, Inc. or its local subsidiary, if any ("FlashPoint").  FlashPoint and/or FlashPoint's Licensor(s) retain title to the FlashPoint Software and related documentation.  The non-exclusive and non-transferable license granted by FlashPoint to you is subject to all of the terms and conditions of this Agreement.  Under this licensee, you may use the FlashPoint Software on an Apple iMac computer for purposes of connecting Kodak DC220 and DC260 digital cameras to such computer via the USB port.  This license is valid through December 31, 1998 only.

2.    Restrictions.  The FlashPoint Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the FlashPoint Software to a human-perceivable form.  You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the FlashPoint Software in whole or in part. You may not transfer your license rights in the FlashPoint Software and related documentation to any other party.  You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the FlashPoint Software or related documentation.

3.    Termination.  This License is effective until terminated or December 31, 1998, whichever comes first.  You may terminate this License at any time by destroying the FlashPoint Software and related documentation and all copies thereof.  This License will terminate immediately without notice from FlashPoint if you fail to comply with any provision of this License.  Upon termination you must destroy the FlashPoint Software and related documentation and all copies thereof.

4.    Export Law Assurances.  You agree and certify that neither the FlashPoint Software nor any other technical data received from FlashPoint, 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.  If the FlashPoint Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the FlashPoint Software nor any other technical data received from FlashPoint, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the FlashPoint Software.

5.    Government End Users.  If the FlashPoint Software is supplied to the United States Government, the FlashPoint Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR.  The United States Government's rights to the FlashPoint Software are as provided in clause 52.227-19 of the FAR.

6.    Disclaimer of Warranty on FlashPoint Software.  You expressly acknowledge and agree that use of the FlashPoint Software and documentation is at your sole risk. The FlashPoint Software and related documentation are provided "AS IS" and without warranty of any kind and FlashPoint and FlashPoint's Licensor(s) (for the purposes of provisions 6 and 7, FlashPoint and FlashPoint's Licensor(s) shall be collectively referred to as "FlashPoint") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  FLASHPOINT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE FLASHPOINT SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE FLASHPOINT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FLASHPOINT SOFTWARE WILL BE CORRECTED.  FURTHERMORE, FLASHPOINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FLASHPOINT SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLASHPOINT OR A FLASHPOINT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD THE FLASHPOINT SOFTWARE PROVE DEFECTIVE, YOU (AND NOT FLASHPOINT OR A FLASHPOINT AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING FLASHPOINT PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FLASHPOINT’S NEGLIGENCE.

7.    Limitation of Liability.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FLASHPOINT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE FLASHPOINT SOFTWARE OR RELATED DOCUMENTATION, EVEN IF FLASHPOINT OR A FLASHPOINT AUTHORIZED REPRESENTATIVE 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 FlashPoint'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 FlashPoint Software.

8.    Miscellaneous.
a. Controlling Law. If there is a local subsidiary of FlashPoint in the country in which the FlashPoint Software was purchased, then the local law in which the subsidiary sits shall govern this License.  Otherwise, this License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
b. Severability. 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.
c. Waiver. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
d. Controlling Language. The controlling language of this agreement is English. If you have received a translation into another language, it has been provided for your convenience only.
e. Surviving Provisions.  The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
f.  Fees. If any dispute arises under this agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.

9.    Complete Agreement.  This License constitutes the entire agreement between the parties with respect to the use of the FlashPoint Software and 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 FlashPoint.