The Best of Windows 95.com 1996 September/WIN95_09962.iso/grafplug/FVP11W32.EXE/LICENSE.TXT

Text File | 1996-03-01 | 7KB | 128 lines

By clicking on the Accept Button, you are consenting to be bound by this
License Agreement.  If you do not agree to all of the terms of this
License Agreement, click the Do Not Accept Button and the installation
process will not continue.


END USER AND ROYALTY FREE DISTRIBUTION LICENSE AGREEMENT -
FRACTAL IMAGE DECODER

REDISTRIBUTION PERMITTED ONLY IF PROGRAM AND FILES ARE NOT MODIFIED AND
ALL FILES, INCLUDING THIS FILE, ARE INCLUDED.

GRANT: Iterated Systems, Inc. ("Iterated") hereby grants you a limited,
nontransferable, terminable, non-exclusive license subject to the
following to use its accompanying computer software product known as the
Fractal Image Decoder (including the 16-bit, 32-bit and Macintosh
versions "Software") for individual use only on a Personal Computer
described below.  You may place the Software on networks and online
systems exclusively for the purpose of allowing downloading and copying
of the Software for archival, distribution and installation purposes
(but not for purposes of execution by the network or online system)
provided any such copy must contain all of the original Software and
text files including this License Agreement and any proprietary, license
and copyright notices on the original.  This License Agreement only
applies to the image compression decoder Software described above and
does not grant any rights to any other Iterated software, even if
related to the Software, including any software that encodes or
compresses images in any way.

You may use the Software only on a single user Personal Computer that:
(a) has one Intel 386, 486 or Pentium processor, Motorola 68036 or 68040
processor or IBM Power PC processor;  (b) operates only the Microsoft
DOS and Windows operating system or the Macintosh operating system; (c)
contains at least 4 megabytes of random access memory; (d) contains 80
megabytes of internal hard disk storage; (e) contains a keyboard (not an
infrared remote) and monitor (not a television set); (f) is able to
produce printed output on a local printer; and (g) does not act as a
server on any network (including a local area network, wide area network
or Internet) or otherwise allow operation of the Software from a remote
or separate computer or terminal ("Personal Computer").  For the
avoidance of doubt, and without limitation of the foregoing, "Personal
Computer" does not include game players, television set-top boxes or so-
called "Internet Appliances".

You may not permit other individuals to use, operate or copy the
Software (except as permitted above).  You may not use or allow the use
of the Software on any computer or other device that is not a Personal
Computer (as defined above).  You may not modify, translate, reverse
engineer, decompile, disassemble, (except to the extent applicable laws
prohibit such restriction), or create derivative works based on the
Software, copy the Software (except as specified above), rent, lease,
transfer, license or otherwise transfer rights to the Software, or
remove any proprietary notices, licenses, displays, installation
procedures or labels on or in the Software, whether set forth in text
files or on media.

DISCLAIMER OF WARRANTY: THE SOFTWARE IS LICENSED ON AN AS-IS BASIS,
WITHOUT WARRANTY OR CONDITION OF ANY KIND AND ITERATED DISCLAIMS ALL
WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.  The entire risk as to the quality and performance of
the Software is borne by you.  Should the Software prove defective, you
and not Iterated assume the entire cost of any service and repair.  This
Disclaimer of Warranty constitutes an essential part of the License
Agreement.  SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL ITERATED OR ITS
SUPPLIERS, LICENSORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES.  IN NO EVENT WILL ITERATED BE LIABLE
FOR ANY DAMAGES IN EXCESS OF ITERATED'S LIST PRICE LICENSEE FEE FOR THE
SOFTWARE, IF ANY, EVEN IF ITERATED SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO
YOU.

TITLE:    Title, ownership rights, and intellectual property rights in
and to the Software shall remain in Iterated and/or its licensors or
suppliers.  The Software is protected by copyright laws of the United
States and international copyright treaties.  You are permitted to use
only one copy of the Software, even if you receive multiple copies,
whether via download or on magnetic media.  Title, ownership rights, and
intellectual property rights in and to the content accessed through the
Software is the property of the applicable content owner, and may be
protected by copyright or other applicable law.  This License gives you
no rights to such content.

TERMINATION:    This License will terminate automatically if you fail to
comply with the limitations described above.  On termination, you must
destroy all copies of the Software and documentation.

MISCELLANEOUS:   This Agreement represents the complete agreement
concerning this license between the parties and supersedes all prior
agreements and representations  between the parties.  This  Agreement
may be amended only by a writing executed by both parties.  THE
ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
CONDITIONAL  ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE
CONTAINED IN YOUR PURCHASE ORDER.  If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be
reformed only to the extent  necessary to make it enforceable.  This
Agreement shall be governed by and construed under Georgia substantive
law as such applies to agreements between Georgia residents entered into
and performed within Georgia, except as governed by United States
Federal law.  You consent to the jurisdiction of the state and federal
courts in the State of Georgia, U.S.A. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation are
provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by or
for the U.S. Government is subject to restrictions set forth in DFARS
252.227-7013 (c)(1)(ii), FAR 52.227-19, and Clause 18-52.227-86(d) of
NASA Supplement to the FAR, as applicable.  Contractor/manufacturer is
Iterated Systems, Inc., 3525 Piedmont Road, Seven Piedmont Center, Suite
600, Atlanta, Georgia, U.S.A. 30305-1530.

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