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Monster Media 1996 #15
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Monster Media Number 15 (Monster Media)(July 1996).ISO
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LICENSE.TXT
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1996-04-03
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LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE LICENSE AGREEMENT CAREFULLY PRIOR TO THE USE OF
THIS SOFTWARE PACKAGE. IF YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS
AGREEMENT, PLEASE REMOVE THE PRODUCT FROM YOUR SYSTEM. USE OF THIS SOFTWARE
PACKAGE IRREVOCABLY CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS
OF THE LICENSE AGREEMENT.
A. LICENSE:
Intuitive Vision Software ("IVsoft"), ("we" or "us"), provides you with
the computer program (the "Program"), documentation, License (the "License"),
and accompanying information (together called the "Product") and grants you a
license to use the Product in accordance with the terms of this License.
This License gives you certain limited rights to use the Product. You do not
become the owner of, and IVsoft retains the title to the Product. The
copyright and all other rights in the Product shall remain with us or our
suppliers. You must reproduce any copyright or other notice marked on the
Product on all copies you make. All rights not specifically granted in this
license are expressly reserved by IVsoft.
B. YOU MAY:
1. use the Program only on a single computer or network;
2. make one copy of the Program for archive or back-up purposes;
C. YOU MAY NOT:
1. use the Product or make copies of it except as permitted in this
License;
2. translate, reverse engineer, or disassemble the Program, except
to the extent the foregoing restriction is expressly prohibited
by applicable law;
3. rent, lease, assign, or transfer the Product.
D. TERM:
This License shall continue for as long as you use the Product. However, it
will terminate if you fail to comply with any of its terms or conditions.
You agree, upon termination, to destroy all copies of the Product. The
Limitations of warranties and Liability set out below shall continue in force
even after any termination.
E. WARRANTY:
We warrant that the storage media in this Product (if destributed via
physical storage media) will be free from defects in materials and
workmanship for 30 days from the date you acquire it. If such a defect
occurs, return it to us at the address below and we will replace it for free.
This remedy is your exclusive remedy for breach of this warranty. It gives
you certain rights and you may have other legislated rights which vary from
jurisdiction to jurisdiction.
F. LIMITATION OF WARRANTIES AND LIABILITY:
Except for the express warranty above, the Product is provided on an "AS IS"
basis, without any other warranties, or conditions, express or implied,
including but not limitied to warranties of merchantable quality,
merchantability or fitness for a particular purpose, or those arising by law,
statute, usage of trade or course of dealing. The entire risk as to the
results and performance of the Product is assumed by you. Neither we nor
our dealers or suppliers shall have any liability to you or any other person
or entity for any indirect, incidental, special, or consequential damages
whatsoever, including but not limited to loss of revenue or profit, lost or
damaged data or other commercial or economic loss, even if we have been
advised of the possibility of such damages or they are foreseeable; or for
claims by a third party. Our maximum aggregate liability to you, and that of
our dealers and suppliers shall not exceed the amount paid by you for the
Product. The limitations in this sections shall apply whether or not the
alleged breach or default is a breach fundamental condition or term, or a
fundamental breach. Some states/countries do not allow the exclusion or
limitation of liability for consequential or incidental damages so the above
limitation may not apply to you.
G. RESTRICTED RIGHTS:
If this Product is acquired by or for the U.S. Government then it is provided
with Restricted Rights. Use, duplications, or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii)
of The Rights in Technical Data and Computer Software clause at DFARS
252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer
Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d)
of the NASA Suppliment to the FAR, as applicable. Contractor/manufacturer is
Intuitive Vision Software at P.O. Box 257773, Chicago, Illinois, 60625-7773.
H. GENERAL:
This License is the entire agreement between IVsoft and you, supersedes any
other agreement or discussions, oral or written, and may not be changed
except by a written and signed agreement. This License shall be governed by
and construed in accordance with the laws of the State of Illinois. If any
provision of this License is declared by a Court of competent jurisdiction to
be invalid, illegal, or unenforceable, such provision shall be severed from
the License and the other provisions shall remain in full force and effect.
The parties have requested that this Agreement and all documents contemplated
hereby be drawn up in English.