AltaVista Media Wrangler 2.0/AltaVista Media Wrangler 2.0.iso/license.txt

Text File | 1995-05-05 | 9KB | 183 lines

Software License Agreement


PLEASE READ THIS CAREFULLY BEFORE INSTALLING MEDIAWRANGLER.

BY INSTALLING MEDIAWRANGLER, YOU ARE AGREEING TO BECOME
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
THE TERMS OF THIS AGREEMENT, DO NOT INSTALL MEDIAWRANGLER .
PROMPTLY RETURN MEDIAWRANGLER, PACKAGING, AND ALL CONTENTS
TO THE PLACE WHERE YOU OBTAINED IT.

THIS AGREEMENT STATES THE TERMS AND CONDITIONS UPON WHICH
ALTAVISTA (tm), INC. ("ALTAVISTA") AND THE COPYRIGHT HOLDERS ,
ALTAVISTA, OFFER TO LICENSE THE ENCLOSED ALTAVISTA SOFTWARE
("MEDIAWRANGLER"). AMONG OTHER THINGS, THIS AGREEMENT
LICENSES MEDIAWRANGLER TO YOU AND CONTAINS WARRANTY
DISCLAIMERS.

MediaWrangler is licensed, not sold, to you for use only under the terms of this
Agreement, and AltaVista and the Providers reserve all rights not expressly granted to
you. AltaVista retains ownership of all copies of the MediaWrangler.


1.  License

This Agreement allows you to:

(a)  Use MediaWrangler on a single computer of the type identified on the package. You
must obtain a supplementary license from AltaVista before using the MediaWrangler in
connection with systems, multiple central processing units or computer networks. Please
contact AltaVista at the address indicated at the end of this Agreement for further
information.
(b)  Make one copy of MediaWrangler in machine - readable form solely for backup
purposes. You must reproduce on any such copy all copyright notices and any other
proprietary or confidentiality legends that are on the original copy of MediaWrangler.
(c)  Transfer MediaWrangler and all rights under this Agreement to another party together
with a copy of this Agreement, provided you give AltaVista written notice of such
transfer and the other party reads and accepts the terms and conditions of this Agreement,
and provided further that you do not retain the original copy or any other copy of the
MediaWrangler.


2.  Distribution Rights

You may modify, adapt, translate, create derivative works, and incorporate individual
clips from MediaWrangler into "produced works" which you may
then distribute. "Produced works" being defined as media productions created by the end-
user in which the primary function and value is the completed production, not
MediaWrangler or derived works which have been incorporated into that  media
production.


3.   Distribution Restrictions

(a)  You may not distribute copies of MediaWrangler to others or electronically transfer
MediaWrangler from one computer to another over a network.
(b)  You may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute,
network, or create derivative works based upon MediaWrangler or any part thereof in
context of a media library or collection not associated with any particular work or
production.


4.  Termination

This agreement is effective until terminated. You may terminate this Agreement at any
time by destroying MediaWrangler together with the permitted copy. This Agreement
shall terminate automatically upon your breach of your obligations under this Agreement.
Upon termination, you must destroy MediaWrangler together with the permitted copy.


5.  Export control

MediaWrangler is subject to the export control laws of the United States. You agree and
certify that neither MediaWrangler nor any direct product thereof is being or will be
shipped, transferred, or reexported directly or indirectly into any country prohibited by
the United States Export Administration Act and the regulations thereunder, or will be
used for any purpose prohibited by same.


6.  Government End Users

If MediaWrangler is acquired by or on behalf of a unit or agency of the United States
Government, this provision applies. MediaWrangler: (a) was developed at private
expense, is existing computer software and no part of it was developed with government
funds, (b) is a trade secret of AltaVista for all purposes of the Freedom of Information
Act, (c) is "restricted computer software" submitted with restricted rights in accordance
with subparagraphs (a) through (d) of the Commercial Computer Software"Restricted
Rights clause at 52.227-19 and its successors, (d) in all respects is proprietary data
belonging solely to AltaVista, and (e) is unpublished and all rights are reserved under the
copyright laws of the United States.
For units of the Department of Defense (DoD) MediaWrangler is "commercial computer
software" and is licensed only with "Restricted Rights" as that term is defined in the DoD
Supplement to the Federal Acquisition Regulation, 252.227-7013 (c)(1)(ii) (Rights in
Technical Data and Computer Software) and its successors, and use, duplication or
disclosure is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at 252.227-7013. The
Contractor/Manufacturer is AltaVista Technology, Inc., 1671 Dell Ave., Suite
209.,Cambell, CA 95008.
If MediaWrangler was acquired under a GSA Schedule, the Government has agreed to
refrain from changing or removing any insignia or lettering from MediaWrangler or the
documentation that is provided and from producing copies of manuals or media (except
for backup purposes and in accordance with the terms of this Agreement).


7.  Limited Warranty

(a)  AltaVista warrants that the media on which MediaWrangler is furnished will be free
from defects in materials and workmanship under normal use for a period of (3) months
from the date of delivery as evidenced by a copy of the receipt. EXCEPT AS TO THE
MEDIA ON WHICH MEDIAWRANGLER IS FURNISHED, MEDIAWRANGLER IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. ALTAVISTA DOES NOT WARRANT THAT THE
MEDIA CLIPS CONTAINED IN MEDIAWRANGLER WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATIONS OF MEDIAWRANGLER WILL BE
UNINTERRUPTED OR ERROR FREE . ALTAVISTA DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(b)  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
ALTAVISTA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR
ADVICE.
(c)  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.


8.  Limitation of Remedies and Damages

(a)  If the Media on which MediaWrangler is furnished proves defective during the
warranty period, your sole and exclusive remedy shall be to return the Media to
AltaVista, postage prepaid, with a copy of the receipt. AltaVista shall, at its option,
provide a replacement in exchange for the defective media or refund the license fee.
AltaVista shall have no responsibility to replace or refund the purchase price of any
media damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTY ON
THE MEDIA, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(b)  ALTAVISTA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE) EVEN IF ALTAVISTA
OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
(c)  SOME STATES 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.
(d)  AltaVistaÆs liability to you for actual damage for any cause whatsoever will be
limited to the greater of $50 or the money paid for MediaWrangler that caused such
damages or that is the subject matter of, or is directly related to the cause of action.
(e)  THE LIMITED WARRANTY, LIMITED REMEDIES AND LIMITED LIABILITY
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
ALTAVISTA AND YOU. ALTAVISTA WOULD NOT BE ABLE TO PROVIDE
MEDIAWRANGLER WITHOUT SUCH LIMITATIONS.


9.  General

This Agreement shall be governed and interpreted in accordance with the laws of the
State of California, applicable to contracts made and fully performed therein. This
Agreement contains the final, complete and exclusive agreement between the parties with
respect to the subject matter hereof, and supersedes all prior agreements or
understandings (oral or written). If any provision of this Agreement shall be held by a
court of competent jurisdiction to be contrary to law, that provision will be enforced to
the maximum extent permissible and the remaining provisions will remain in full force
and effect. Sections 7 and 8 shall survive termination of this Agreement.


10.  Inquiries

All questions concerning this Agreement should be directed to:

AltaVista
1671 Dell Avenue, Suite 209
Cambell, CA 95008
[phone]