Computer Buyer 1999 July/dpcb0799.iso/Business/netobj/Extras/2.0 Parts/Design Parts/NOVADE~1.TXT

Text File | 1997-09-11 | 6KB | 100 lines

Nova Development Corporation
Copyright and License Agreement

This Web Explosion sampler (hereinafter the "Software") is provided to
you under license. No sale has occurred. This license agreement defines
the ways in which you can use the Software and the clip art images and
photographs it contains.

Please read this agreement as carefully as you would read any other
legal document. Using any of the images in the software will indicate
your acknowledgment that you have read this agreement and your
acceptance of its terms.

1. Copyright. The Software, its documentation and related materials are
copyrighted, 1996, by Nova Development Corporation and its licensors.
Rights of all parties are reserved.

2. License. Nova Development Corporation grants you a nonexclusive
license to use the Software and its contents in accordance with the
terms of this license.

3. Use of Software. You may use the Software to develop web sites on one
computer at a time.

4. Copying the Software. You may not copy or reproduce any part of the
Software or related documentation, except as permitted by the Copyright
Act of the United States, Title 17, United States Code. You may not
copy, lend, lease, rent, decompile, reverse-engineer, disassemble, or
alter the Software in any way or remove or alter copyright notices.

5. Use of Images; Distribution. You may modify and customize the images,
incorporate them into web pages, and distribute them as part of those
pages via the Internet and Intranet systems. In no case may you
distribute any of the files individually; sell, or receive any type of
consideration for, the images themselves; or offer any number of images
as part of your own art library or other software product. Web
developers may, however, distribute to their clients the files needed
for their clients' sites in the ordinary course of business and, of
course, charge for their services.

6. U.S. Government Restricted Rights. The Software and accompanying user
documentation are licensed to the U.S. Government with RESTRICTED
RIGHTS. Use, duplication or disclosure by the U.S. Government is subject
to restrictions as set forth in the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 and the Commercial
Computer Software clause at 48 CFR 52.227-19, as applicable.
Contractor/manufacturer is Nova Development Corp., 23801 Calabasas Road,
Suite 2005, Calabasas, California 91302.

7. Responsibility. Your own good judgment should guide you in the
responsible use of the images contained in the Software. You shall be
completely responsible for the results of your use of the images. You
should be careful not to use the images to create work that might be
considered obscene by your government(s) and not to use images that
resemble well-known persons in a manner that suggests their endorsement
of your product, service or cause.

In addition, certain images may contain logos or other matter that are
the trademarks, service marks or trade names of third parties. They are
provided for convenience only to those users of the Software who are
authorized by those third parties to reproduce their trademarks in
print. Know your rights and always seek direct permission from the
work's owner if you intend to use a third party's trademark.

8. Assignment. If you eventually sell the license to, or otherwise
legally transfer, this Software to another party, that other party must
agree to all of the terms of this license, and you may not retain any
copies of the Software, documentation and related materials. All of your
rights under this license will then cease.

9. Term. Your rights hereunder shall continue until the earlier of (a)
your transfer of all rights to the Software as provided in Section 8 or
(b) your failure to comply with any of the terms and conditions of this
license.

10. Limitations. The Software is licensed to you "as is." Nova
Development hereby disclaims any and all implied warranties, including
without limitation warranties of fitness for a particular purpose,
merchantability and non-infringement. Nova Development does not warrant,
guarantee, or make any representations regarding the use or the results
of the use of the Software in terms of its correctness, accuracy,
reliability, currentness, or otherwise. The entire risk as to the
results and performance of the Software is assumed by you. Nova
Development, its management, dealers, agents, licensors and suppliers
will not be liable to you or anyone else for consequential, incidental,
indirect or special damages arising out of the use of the Software. In
no event will Nova Development's total liability for damages ever exceed
the price you have paid for this Software, regardless of the nature of
the claim. Certain states and jurisdictions do not permit certain of
these exclusions and limitations. Therefore, parts of this limitation of
warranties and liability may not apply to you.

11. Miscellaneous. This license constitutes the entire agreement between
you and Nova Development Corporation and supersedes all prior
understandings. Should any of the provisions of this license be found
unenforceable by a court of competent jurisdiction, the remaining
provisions shall nonetheless remain in full force and effect. This
license agreement shall be governed by, and construed in accordance
with, the laws of the State of California.