Boot Disc 21/boot-disc-1998-05.iso/TrueFace/_SETUP.LIB/86100 lic agree.txt

Text File | 1998-02-13 | 10KB | 199 lines

 Miros, Inc.    Miros License Agreement


ATTENTION - THIS IS A LICENSE, NOT A SALE. THIS
PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE
WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT,
AND CONTAINS LIMITATION ON WARRANTIES AND OR
REMEDIES.

IMPORTANT- READ CAREFULLY  END-USER LICENSE
AGREEMENT ("LICENSE AGREEMENT") FOR MIROS
SOFTWARE

YOU SHOULD CAREFULLY READ THE TERMS AND
CONDITIONS OF THIS "LICENSE AGREEMENT".
YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THIS "LICENSE AGREEMENT".
THIS PRODUCT MAY ONLY BE INSTALLED AND USED
UNDER THE CONDITION THAT YOU AGREE TO ALL OF
THE TERMS AND CONDITIONS OF THIS "LICENSE
AGREEMENT" WHICH IS NON-NEGOTIABLE.

LICENSE AGREEMENT
Subject to the provisions contained herein, Miros Incorporated
("Miros") hereby grants to you a non-exclusive license to use
its proprietary computer software product(s) ("Software")
contained in the package or electronic download file(s)
subject to the terms and conditions provided herein.
The Software is protected by copyright laws and
international copyright treaties, as well as other
intellectual property laws and treaties. The Software
is licensed, not sold.

1. GRANT OF LICENSE:
a) Software/Documentation. Miros shall furnish the Software
to you in machine-readable object code form and may also
provide Miros' standard documentation ("Documentation")
containing instructions for operation and use of the Software.
Notwithstanding, if the Software and/or Documentation is being
provided for demonstration or evaluation purposes only, it may
be used by you for no longer than thirty (30) days (or such
period authorized by Miros in writing), in order for you to
determine whether to purchase a license to enabled Software.
b) Storage/Network Use: You may also store or install a copy of
the Software on a storage device, such as a network server, used
only to install or run the Software on the internal network,
however you must acquire and dedicate a license for each
separate computer on which the Software is installed or run on a
storage device. A license of the Software may not be shared or
used concurrently on different computers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a) Limitations on Reverse Engineering, Decompilation, and
Disassembly: You may not reverse engineer, decompile, or
disassemble the Software, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding
this limitation.
b) Separation of Components: The Software is licensed as a single
product. Its component parts may not be separated for use on
more than one computer.
c) Rental: You may not rent or lease the Software.
d) Software Transfer: You may permanently transfer all of your rights
under this License Agreement, provided you retain no copies, you
transfer all the Software (including component parts, the media
and printed material, upgrades, this License Agreement, and, if
applicable, the Certificate of Authenticity), and the recipient
agrees to the terms of the License Agreement. If the Software is an
update, any transfer must include all prior versions of the Software.
e) Termination:  Without prejudice to any other rights, Miros may
terminate this License Agreement if you fail to comply with the
terms and conditions of the "License Agreement". In such an
event, you must destroy all copies of the Software and all of its
component parts.
3. COPYRIGHT. All title and copyrights in and to the Software
(including but not limited to any images, photographs, animation's,
video, audio, text incorporated into the Software), the
accompanying printed materials, and any copies of the Software
are owned by Miros and its suppliers. The Software is protected
by copyright laws and international treaty provisions. Therefore,
you must treat the Software like any other copyrighted material
except that you may either (a) make a copy of the Software solely
for backup or archival purposes or (b) install the Software on a
single computer provided you keep the original solely for backup or
archival purposes. You may not copy or reproduce and printed or
printable materials accompanying the Software.
4. SOFTWARE MEDIA. You may receive the Software in more
than one medium. Regardless of the type or size of the medium you
receive, you may only use one medium that is appropriate for your
computer. You may not use or install the other medium on any other
computer. You may not loan, rent, lease or otherwise transfer the
other medium to another user, except as part of the permanent
transfer (as provided above) of the Software.
5. RESTRICTED USE. If the Software is provided for
demonstration and evaluation purposes, it may be used by you for
no longer than thirty (30) days (or such longer period authorized
by Miros in writing), in order for you to determine whether to
purchase a license to enabled Software. The Software and
Documentation are provided with RESTRICTED RIGHTS. Use,
duplication or disclose by the Government is subject to restrictions
in subparagraph (c)(1)(ii) of 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, as applicable. Manufacturer is
Miros, Incorporated/572 Washington Street/Wellesley,
MA 02181/U.S.A.
6. TERMINATION. Either party may terminate this License
Agreement immediately in the event of default by the other party.
Upon termination of this License Agreement, you shall immediately
discontinue the use of the Software and shall within ten (10) days
return to Miros all copies of the Software and Documentation and
remove any and all copies form any storage devices on which they
may reside. You may also terminate this License Agreement at any
time by destroying the Software and Documentation and all copies
thereof. In any case Your obligations to pay accrued charges and
fees shall survive any termination of this License Agreement.
7. LIMITED WARRANTY.  Miros warrants that for a period of
ninety (90) days from the date of purchase to license to Software,
the Software, if operated as directed, will substantially achieve
the functionality described in the Documentation. Miros does not
warrant, however, that your use of the Software will be
uninterrupted or that the operation of the Software will be
error-free. Miros also warrants that any media containing the
Software, if provided by Miros, is free from defects in material
and workmanship and will so remain for ninety (90) days from the
date you purchased to license it. Miros' sole and exclusive
obligation and liability for any breach of this warranty shall be,
in Miros' discretion: (i) to replace your defective media; or (ii)
to repair or correct your defective media so that it will conform
to the above warranty, (iii) to advise you how to achieve
substantially the same functionality with the Software as described
in the Documentation through a procedure different from that set
forth in the Documentation; or (iv) to refund the purchase price
paid by you for the license to the defective Software. Repaired,
corrected, or replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the
warranty that covered the original Software, or if longer, for
thirty (30) days after the date (a) of shipment to you of the
repaired or replaced Software, or (b) Miros advised you how to
operate the Software so as to avoid the difficulty that you were
having to achieve this functionality. Only if you inform Miros of
your problem with the Software during the applicable warranty
period will Miros be obligated to honor this warranty. You must
contact Miros by email or by letter to inform Miros of the
problem.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY
WARRANTY MADE BY MIROS. MIROS MAKES NO OTHER
EXPRESS OR IMPLIED WARRANTY AND EXPRESSLY
DISCLAIMS ALL WARRANTIES OF MERCHATABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. NO MIROS
SUPPLIER OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY.
If any modifications are made to the Software by you during the
warranty period; if the media is subject to accident, abuse, or
improper use; or if you violate the terms of this License
Agreement, then the warranty shall immediately be terminated.
This warranty shall not apply if the Software is used on or in
conjunction with hardware or programs other than the unmodified
version of the hardware and programs with which the Software was
designed to be used as described in the Documentation.
8. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, MIROS AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, WITH REGARDS TO THE
SOFTWARE PRODUCT, AND ANY ACCOMPANYING
HARDWARE.
THIS LIMITED WATTANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL MIROS OR ITS SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORAMTION, OR ANY OTHER PECUNIARY LOSS) ARISING
OUT OF THE USE OF OR INABILITY TO THE SOFTWARE,
EVEN IF MIROS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
1. MISCELLANEOUS. THE ACCEPTANCE OF ANY PURCHASE
ORDER PLACED BY YOU FOR THE SOFTWARE AND/OR
DOCUMENTATION IS EXPRESSLY CONDITIONAL ON YOUR
ASSENT TO THE TERMS AND CONDITIONS SET FORTH
HEREIN, AND MIROS AGREES TO FURNISH THE SOFTWARE
AND DOCUMENTATION ONLY UPON THESE TERMS AND
CONDITIONS AND NOT THOSE CONTAINED IN YOUR
PURCHASE ORDER.  If you acquired this product in the United
States, this License Agreement is governed by the State of
Massachusetts. If this product was acquired outside the United
States, then local law may apply.

#86100