DV World/DVWorld1.iso/mac/pcsoft/featured/tinderbox1/_user1.cab/Language_Independent_OS_Independent_Files/Software License Agreement.txt

Text File | 2000-07-20 | 7KB | 133 lines

Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE")
CAREFULLY BEFORE PRESSING THE "YES" BUTTON BELOW. BY
PRESSING "YES" YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE, PRESS "NO" AND (IF APPLICABLE) RETURN THE
SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.

1. License.
The Foundry software, documentation, and any fonts accompanying
this License whether on disk, in read-only memory, on any other
media or in any other form (The Foundry Software) are licensed
to you by Bruno Nicoletti and Simon Robinson, partners trading
as "The Foundry" (Foundry Software). You own the media on which
The Foundry Software is recorded, but The Foundry and/or The
Foundry's licensor(s) retain title to The Foundry Software. The
Foundry Software in this package and any copies which this License
authorises you to make are subject to this License.

2. Permitted Uses and Restrictions.
This License allows you to install and use The Foundry Software
on a single computer at a time. This License does not allow the
Foundry Software to exist on more than one computer at a time.
You may make one copy of The Foundry Software in machine-readable
form for backup purposes only. The backup copy must include all
copyright information contained on the original. Except as expressly
permitted in this License or in circumstances expressly required
to be permitted by law, you may not decompile, reverse engineer,
disassemble, modify, rent, lease, loan, sublicense, distribute,
or create derivative works based upon The Foundry Software in
whole or part or transmit The Foundry Software over a network.
You may, however, transfer your rights under this License
provided you transfer the related documentation, this License
and a copy of The Foundry Software to a party who agrees to
accept the terms of this license and destroy and other copies
of The Foundry Software in your possession. To the extent that
local law gives you the right to decompile the Foundry Software in
order to obtain information necessary to render The Foundry Software
interoperable with other computer programs, The Foundry hereby
undertake to make that information readily available to you.
The Foundry shall have the right to impose reasonable conditions
such as a reasonable fee for doing so. In order to ensure that
you receive the appropriate information you must first give the
Foundry sufficient details of your objectives and the other
software concerned. Requests to the appropriate information
should be made to the Software Development Manager at the Foundry.
THE FOUNDRY SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, OR COMMUNICATION SYSTEMS,
OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE
FOUNDRY SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License
will terminate automatically without notice from The Foundry if
you fail to comply with any term(s) of this License.

3. Limited Warranty on Media (if applicable).
The Foundry warrants the media on which The Foundry Software is
recorded to be free from defects in materials and workmanship
under normal use for a period of ninety (90) days from the date
of original retail purchase. Your exclusive remedy under this
paragraph shall be, at The Foundry's option a refund of the
purchase price of the product containing The Foundry Software
or replacement of The Foundry Software which is returned to the
Foundry or a Foundry authorised representative with a copy of
the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES
ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABLITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE. SOME
JURISTICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE
LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU
OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.
THE FOUNDRY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISTICTION.

4. Disclaimer of Warranty on The Foundry Software.
You expressly acknowledge and agree that the use of The Foundry
Software is at your sole risk. The Foundry Software is provided
"AS IS" and without warranty of any kind and The Foundry and the
Foundry's Licensor(s) (for the purpose of provisions 4 and 5,
The Foundry and The Foundry's Licensor(s) shall be collectively
referred to as "The Foundry") EXPRESSLY DISCLAIM ALL WARRANTIES
AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
OR SATISAFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOUNDRY DOES NOT
WARRANT THE FUNCTIONS CONTAINED IN THE FOUNDRY SOFTWARE WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE FOUNDRY
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE FOUNDRY SOFTWARE WILL BE CORRECTED. FURTHERMORE, THE
FOUNDRY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE FOUNDRY SOFTWARE OR
RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY THE FOUNDRY OR BY A FOUNDRY AUTHORISED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS WARRANTY. SHOULD THE FOUNDRY SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT THE FOUNDRY OR A FOUNDRY AUTHORISED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECCESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISTICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER
DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER
ACQUIRING THE FOUNDRY PRODUCTS OTHERWISE THAT IN THE COURSE OF
A BUSINESS, NEITHER DO THEY LIMIT OR ECLUDE ANY LIABILITY FOR
DEATH OR PERSONAL INJURY CAUSED BY THE FOUNDRY'S NEGLIGENCE.

5. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE FOUNDRY
BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME
JURISTICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR
CONSEQUNTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall The Foundry's total liability to you for all
damages exceed the amount of fifty pounds (ú50).

6. Controlling Law and Severability.
This License shall be governed and construed in accordance with
English Law. If for any reason a court of competent jurisdiction
finds any provision, or portion thereof, to be unenforceable,
the remainder of the License shall continue in full force and
effect.

7. Complete Agreement.
This License constitutes the entire agreement between the
parties with respect to the use of The Foundry Software and
supersedes all prior or contemporaneous understandings
regarding such subject matter. No amendment to or modification
of this License will be binding unless in writing and signed
by The Foundry.