Please read this license carefully before using the software. By 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, please return the PRODUCT to your point of purchase for a refund.
1. License. The application software, demonstrations, data files and other software accompanying this License, whether on disk, compact disc, in read-only memory, or on any other media (the ╥DREAMCATCHER Software╙), and the related documentation are licensed to you by DREAMCATCHER INTERACTIVE INC. (DREAMCATCHER). You own the media on which the DREAMCATCHER Software is recorded but DREAMCATCHER retains title to the DREAMCATCHER Software and related documentation.
This License allows you to use the DREAMCATCHER Software on a single computer and make one copy of the DREAMCATCHER Software in machine-readable form for backup purposes only. You may transfer all your license rights in the DREAMCATCHER Software, the backup copy of the DREAMCATCHER Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions. The DREAMCATCHER Software contains copyrighted material, trade secrets and other proprietary material; in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the DREAMCATCHER Software to a human-perceivable form. You may not modify, network, rent, lease, lend, distribute or create derivative works based upon the DREAMCATCHER Software in whole or in part. You may not electronically transmit the DREAMCATCHER Software from one computer to another or over a network, nor may you perform or display this work in public. The preparation of a derivative work, including the extraction, in whole or in part, of any image is prohibited.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the DREAMCATCHER Software and related documentation and all copies thereof. This License will terminate immediately without notice from DREAMCATCHER if you fail to comply with any provision of this License. Upon termination you must destroy the DREAMCATCHER Software and related documentation and all copies thereof.
4. DREAMCATCHER Media Warranty. DREAMCATCHER warrants that for one year from date of purchase, the compact disc used to distribute the DREAMCATCHER Software shall be free of all manufacturing defects. Additionally, for the same one year period, DREAMCATCHER will replace, free of charge, any compact disc that may be damaged in any way. You must return the defective or damaged compact disc along with proof of purchase and signed warranty card. A postage and handling charge of US $6.00 must accompany the order.
5. Disclaimer of Warranty on DREAMCATCHER Software. You expressly acknowledge and agree that use of the DREAMCATCHER Software is at your sole risk. The DREAMCATCHER Software and related documentation are provided AS IS and without warranty of any kind, and DREAMCATCHER expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. DREAMCATCHER does not warrant that the functions contained in the DREAMCATCHER Software will meet your requirements, or that the operation of the DREAMCATCHER Software will be uninterrupted or error-free, or that defects in the DREAMCATCHER Software will be corrected. Furthermore, DREAMCATCHER does not warrant or make any representations regarding the use or the results of the use of the DREAMCATCHER Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by DREAMCATCHER or a DREAMCATCHER-authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the DREAMCATCHER Software prove defective, you (and not DREAMCATCHER or a DREAMCATCHER-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.
6. Limitation of Liability. Under no circumstances, including negligence, shall DREAMCATCHER be liable for any incidental, special or consequential damages that result from the use or inability to use the DREAMCATCHER Software or related documentation, even if DREAMCATCHER or a DREAMCATCHER-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.
In no event shall DREAMCATCHER╒ 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 DREAMCATCHER Software.
7. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the province of Ontario and adjudicated in a court of that province. 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.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the DREAMCATCHER Software and 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 DREAMCATCHER.
