IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE USING THE ACCOMPANYING CURSORARTS SOFTWARE! THIS IS A LEGAL DOCUMENT WHICH YOU SHOULD PRINT AND RETAIN FOR YOUR RECORDS. By using the software and its accompanying materials and documentation, you indicate your acceptance of the following Software License Agreement. This Agreement is displayed before you are able to install the Software, and is also displayed in the Software's online Help documentation after you have accepted this Agreement and installed the Software.
This SOFTWARE LICENSE AGREEMENT is a legal agreement between you (either an individual or other legal entity) and CursorArts Company. By installing the software and/or using the software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not proceed to install or use the software and immediately return the software and the items which accompany the software in unused condition to the place where you obtained them for a refund.
1. Grant of License
This license permits you to use the accompanying CursorArts computer software and its supporting materials, documentation, media and files (the "SOFTWARE"), subject to the following terms and conditions. The SOFTWARE is deemed to be in use when it is installed into that computer system's permanent memory (e.g., on a hard disk or other storage device) or when it is loaded into temporary memory (i.e., RAM).
1.1 YOU MAY:
(i) Install and use a single copy of the SOFTWARE on one, single-user computer. You may make one additional copy of the SOFTWARE for your own personal use ("Personal Copy") for installation and use only on a home or portable computer owned by you and used exclusively by you.
(ii) Transfer the SOFTWARE to another computer system, provided that you first uninstall and remove all copies of the SOFTWARE from the original computer system prior to installing onto the new computer system.
(iii) Create a single copy of the SOFTWARE on removeable media (such as a diskette or CDR) solely for archival or backup purposes. You are permitted to create a copy of the SOFTWARE on a storage device, such as an internal network server, provided that this copy is only used to install, archive or run the SOFTWARE on your computer over an internal network. Notwithstanding the above, you must acquire an additional license for each separate computer or workstation which is connected to the storage device and which is able to access, run or install the SOFTWARE from the storage device.
(iv) If you wish to use the software concurrently on more than one computer system, on a network server or on a multi-user computer system, you must first obtain additional individual Licenses or a multi-user Site License or Global License from CursorArts Company. After you have purchased a multiple-user Site License or Global License, you may install and use copies of the SOFTWARE on the number of individual computers or workstations specified in the Site License Agreement or Global License Agreement, or install the SOFTWARE on a network server so that multiple computers can access it. The SOFTWARE may be installed on a network server only where the number of computers with access to the SOFTWARE via that server does not exceed the number of computers specified in your Site License Agreement or Global License Agreement and the Certificate(s) accompanying such License.
1.2 YOU MAY NOT:
(i) Use, install, distribute, or copy the SOFTWARE except as expressly permitted under this Software License Agreement.
(ii) Modify, decompile, disassemble, or otherwise reverse-engineer the SOFTWARE.
(iii) Sublicense, rent, lend, lease, donate, sell, load, pledge, transfer or distribute on a temporary or permanent basis the original or backup copies of the SOFTWARE or the documentation accompanying the SOFTWARE to any other individual or company.
(iv) Distribute, modify or merge the SOFTWARE for the purpose of including as part of any other product, or create derivative works derived from the SOFTWARE, without the prior written consent of CursorArts Company, except that in certain cases you may be permitted to distribute certain files pursuant to Paragraph 2 below.
(v) Duplicate or transmit any portion of the accompanying manual or other documentation, media, labels, packaging, serial numbers, Product Registration Card, or related printed information included with the SOFTWARE.
(vi) Permit others to use the SOFTWARE in any manner which would violate the terms of this Software License Agreement.
2. Distributable Files
CursorArts Company grants you a royalty-free license to distribute stand-alone program and other files which you generate using the SOFTWARE. The SOFTWARE may install certain files ("Redistributable Files") which CursorArts Company may specifically designate as files which are permitted to be distributed in conjunction with individual creative works that you have generated using the SOFTWARE. If the SOFTWARE has installed any Redistributable Files, a listing of any such files will be specified in a file designated as REDISTR.TXT. The REDISTR.TXT file will be installed with any such files in the SOFTWARE's installation directory in the event that such distribution is permitted. Except as set forth below, CursorArts Company grants you a personal, non-transferable, non-exclusive and limited license to distribute and sublicense to others exact copies of any such files which have been specified in the REDISTR.TXT file. From time to time, CursorArts Company may amend the list of files which are permitted to be distributed in order to add new files or to delete references to obsolete files, and you should consult the documentation of the SOFTWARE and the REDISTR.TXT file for additions or deletions each time you create any work for distribution to others. You may not distribute any other of those files installed by the SOFTWARE and which have not been specified in the REDISTR.TXT file, nor may you distribute any of the Serial Numbers, Key Codes, passwords, Registration Numbers, documentation, media or other materials provided with the SOFTWARE. In no event may you distribute any of the files supplied with the SOFTWARE, including such files which may be specified in the REDISTR.TXT file, in any form whereby they could be included by other developers in other products. You may not permit recipients of your creative works to modify or further distribute files designated as Redistributable Files. You agree that you will be solely responsible to those who acquire your distributed works for any support, service, warranty, technical assistance, service or other assistance related to your works, including any Redistributable Files distributed with your works. You agree to indemnify, defend and hold harmless CursorArts Company, its suppliers, its resellers, its licensors, its affiliates, and each of their respective officers, directors, employees, and affiliates from and against any claims or liabilities related to or arising out of the distribution, use, or procurement of your creative works.
3. Copyrights, Trademarks and Patents
CursorArts Company retains all rights, title and interest, including all Intellectual Property Rights, in and to the SOFTWARE and its accompanying documentation. The SOFTWARE and its accompanying documentation and other materials are protected by U.S. and international copyright laws and treaties. IconForge, ImageForge, ActivAuthor, ActivIcons, ActivLibrary, pc/Recall, SecurDesk!, FileWrangler and CursorArts are trademarks of CursorArts Company. All other brand and product names mentioned in conjunction with the SOFTWARE are trademarks or registered trademarks of their respective owners. Portions of the SOFTWARE are licensed under U.S. Patent No. 4,558,302 and foreign counterparts.
4. Government Customers
The SOFTWARE is Commercial Computer Software under Federal Government Acquisition Regulations and agency supplements to them. The Software is provided to the Federal Government and its agencies under the Restricted Rights Provisions of the Federal Acquisitions Regulations applicable to commercial computer software developed at private expense and not in the public domain. The Use, Duplication, or Disclosure by the government is subject to restrictions as set forth in the subdivision (c) (1) (ii) of the Rights in Technical or Data and Computer Software clause at DFARS 252.227-7013 (October 1988) and FAR 52.227-19 (c) (June 1987).
5. Limited Warranty
CursorArts Company warrants those original physical diskette(s) or CD-ROM disc which it has manufactured to be free of defects in materials and workmanship for a period of thirty (30) days from the date of receipt. In the event CursorArts Company receives written notice from you of defects in materials and workmanship within the warranty period, CursorArts will replace the defective diskette(s) or CD. Diskettes or CD must be returned to: CursorArts Company, Customer Services, P.O. Box 1379, Bend, OR 97709-1379. The remedy for breach of this limited warranty shall be limited to replacement of diskettes and shall not include any other damages. CursorArts Company makes no warranty concerning the function or fitness of any programs reproduced on this disk. CursorArts Company specifically disclaims all other warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
6. Limitation of Liability
YOU ACKNOWLEDGE THAT THE SOFTWARE'S FUNCTIONALITY AND USE MAY NOT BE UNINTERRUPTED OR ERROR-FREE AND THAT THE SOFTWARE IS NOT INTENDED FOR USE IN ANY NUCLEAR, AVIATION, MASS TRANSIT, PRODUCTION, NAVIGATION, MEDICAL OR OTHER INHERENTLY DANGEROUS APPLICATIONS WHERE A FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY, DEATH OR PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU HEREBY ASSUME ALL RESPONSIBILITY FOR TAKING ALL APPROPRIATE TESTING, FAIL-SAFE, REDUNDANCY AND OTHER MEASURES TO ENSURE THE SAFE USE OF ANY SUCH APPLICATIONS IF THE SOFTWARE IS USED FOR SUCH PURPOSES, AND CURSORARTS COMPANY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES CAUSED BY SUCH USES OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CURSORARTS COMPANY OR ITS AUTHORIZED AGENTS BE HELD LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER SIMILAR DAMAGES OR CLAIMS WHATSOEVER, INCLUDING LOSS OF PROFITS OR ANY OTHER COMMERCIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVIDING OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT, EVEN IF CURSORARTS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS WHERE LEGALLY, LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, ANY LIABILITY OF CURSORARTS COMPANY OR ITS AUTHORIZED AGENTS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS ($50 USD) IN TOTAL. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES AND JURISDICTIONS, THE LIABILITY CURSORARTS COMPANY OR ITS AUTHORIZED AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANY LIABILITY OF CURSORARTS COMPANY OR ITS AUTHORIZED AGENTS FOR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE PRICE PAID FOR YOUR LICENSE TO USE THE SOFTWARE, REGARDLESS OF ANY FORM OF SUCH CLAIM. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS SOFTWARE LICENSE AGREEMENT.
7. General Provisions
This Software License Agreement represents the entire agreement and understanding between you and CursorArts Company with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to or application of conflicts of law rules or principles and you expressly agree that exclusive jurisdiction and venue for any claim or dispute with CursorArts Company or relating in any way to your use of the SOFTWARE resides in the federal or state courts of Oregon and you further agree and expressly consent to the exercise of personal jurisdiction in the federal or state courts of Oregon in connection with any such dispute or claim. This Agreement shall not be governed by the conflict of law rules of any jurisdiction or by the United Nations Convention on Contracts for the International Sale of Goods or any legislation implementing such Convention, the application of which is expressly excluded. This Software License Agreement has been set forth in the English language, which language shall be controlling. Overviews of this Agreement may be made from time to time in other languages by others for purposes of reference, however any version of this Software License Agreement in any other language shall not be binding nor convey any license for use of the SOFTWARE, and in any dispute regarding the interpretation of the provisions of this Software License Agreement this English language version shall prevail as binding. In the event that you choose to update or upgrade the SOFTWARE, CursorArts Company may choose to revise the terms of this Software License Agreement in order to reflect new functions or capabilities incorporated into any such updated or upgraded version of the SOFTWARE and you agree to be bound by the terms of any such revised Software License Agreement delivered with the updated or upgraded version of the SOFTWARE. CursorArts Company is not obligated under this Agreement to provide you with support for or to make available to you any updated, upgraded or fixed versions of the SOFTWARE. Any waiver by CursorArts Company with regard to any violation of this Agreement by you shall not constitute, nor contribute to, a waiver of any other or future violation of the same or other provision of this Agreement. The SOFTWARE and its related documentation may not be exported or re-exported in violation of the United States Export Administration Act and its implementing regulations. If, for any reason, any provision of this Agreement is declared invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and the other provisions of this Agreement shall continue in full force and effect.
(this Software License Agreement was last updated on 24 July 2003)
