CD Action 39/cdactioncoverdisc39b.iso/Tanaka/License.txt

Text File | 1999-05-25 | 7KB | 134 lines

Tanaka Demo - End User License Agreement

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY
INSTALLING 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, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE
YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.

PLEASE NOTE THAT USE OR DISTRIBUTION OF THE SOFTWARE WITH A
MICROSOFT OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM
MICROSOFT AND PMW ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR YOUR
FAILURE TO OBTAIN SUCH LICENSES, IF REQUIRED.

1. License. The software accompanying this License (hereinafter
"Software"), regardless of the media on which it is distributed,
is licensed to you by Pacific Media WorX ("PMW") solely for
demonstration and evaluation purposes only. You own the medium
on which the Software is recorded, but PMW and PMW's Licensors
(referred to collectively as "PMW") retain title to the Software
and related documention.

Under this license, you may:

a) load the Software on to single personal computer;

b) use the Software solely demonstration and evaluation purposes
only;

2. Restrictions. The Software contains copyrighted and patented
material, trade secrets and other proprietary material. In order
to protect them, and except as permitted by applicable
legislation, you may not:

a) decompile, reverse engineer, disassemble or otherwise reduce
the Software to a human-perceivable form;

b) modify, network, rent, lend, loan, distribute or create
derivative works based upon the Software in whole or in part
without prior written consent of PMW; or

c) electronically transmit the Software from one computer to
another or over a network or otherwise transfer the Software
except as permitted by this License.

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

4. Government End Users. If you are acquiring the Software on
behalf of any unit or agency of the United States Government,
the following provisions apply. The Government agrees the
Software and documentation were developed at private expense
and are provided with "RESTRICTED RIGHTS". Use, duplication,
or disclosure by the Government is subject to restrictions as
set forth in FAR 52.227-14, DFAR 252.227-7013, its successors
or applicable agency rights in technical data or computer
software. In the event that this License, or any part thereof,
is deemed inconsistent with the minimum rights identified in
the Restricted Rights provisions, the minimum rights shall
prevail.

5. No Other License. No rights or licenses are granted by PMW
under this License, expressly or by implication, with respect
to any proprietary information or patent, copyright, trade
secret or other intellectual property right owned or controlled
by PMW, except as expressly provided in this License.

6. Disclaimer of Warranty on Software. You expressly acknowledge
and agree that use of the Software is at your sole risk. The
Software and related documentation are provided "AS IS" and
without warranty of any kind and PMW EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. PMW DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR
FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE
IS ASSUMED BY YOU. FURTHERMORE, PMW DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PMW OR PMW'S
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU (AND NOT PMW OR PMW'S 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.

7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING
NEGLIGENCE, SHALL PMW, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE
THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT,
INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED
INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER
INTELLECTUAL PROPERTY RIGHT, BY PMW, EVEN IF PMW OR PMW'S
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. PMW will not be liable for 1) loss of, or damage to, your
records or data or 2) any damages claimed by you based on any
third party claim. In no event shall PMW'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 Software.

8. Controlling Law and Severability. This License shall be
governed by and construed under the laws of the State of
California, USA.  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.

9. 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 PMW.