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CD-ROM Today (UK) (Spanish) 15
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00002.txt
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1994-01-17
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9KB
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156 lines
$Unique_ID{BRK00002}
$Pretitle{}
$Title{CREATIVE MULTIMEDIA SOFTWARE LICENSE}
$Subject{}
$Volume{}
$Log{}
Copyright (c) 1993 Creative Multimedia
CREATIVE MULTIMEDIA SOFTWARE LICENSE
------------------------------------------------------------------------------
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, PROMPTLY RETURN THE UNUSED
SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.
1. License. The application, demonstration, system and other software
accompanying this License, whether on a Disk, in read only memory, or on any
other media (the "Software") and related documentation are licensed to you by
Creative Multimedia Corporation ("CMC"). You own the disk on which the
Software is recorded but CMC and/or CMC's Licensors retain title to the
Software and related documentation. This License allows you to use the
Software on a single computer. You may also transfer all your license rights
in the Software, the backup copy of the 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 Software contains copyrighted material, trade
secrets and other proprietary material and in order to protect them you may
not decompile, reverse engineer, disassemble or otherwise reduce the Software
to a human-perceivable form. You may not modify, network, rent, lease, loan,
distribute or create derivative works based upon the Software in whole or in
part. You may not electronically transmit the Software from one computer to
another or over a network.
3. Termination. This License is effective until terminated. You may
terminate this License at any time by destroying the Software and related
documentation and all copies thereof. This License will terminate immediately
without notice from CMC if you fail to comply with any provision of this
License. Upon termination you must destroy the Software and related
documentation and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the
Software nor any other technical data received from CMC, nor the direct
product thereof, will be exported outside the United States except as
authorized and as permitted by the laws and regulations of the United States.
5. Government End Users. If you are acquiring the Software on behalf of
any unit or agency of the United States Government, the following provisions
apply. The Government agrees:
(i) if the Software is supplied to the Department of Defense (DoD), the
Software is classified as "Commercial Computer Software", and the Government
is acquiring only "restricted rights" in the Software and its documentation as
that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and
(ii) if the Software is supplied to any unit or agency of the United
States Government other than DoD, the Government's rights in the Software and
its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or,
in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the
FAR.
6. Limited Warranty on Media. CMC warrants the discs on which the
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 purchase as
evidenced by a copy of the receipt. CMC's entire liability and your exclusive
remedy will be replacement of the disk not meeting CMC's limited warranty and
which is returned to CMC or a CMC authorized representative with a copy of the
receipt. CMC will have no responsibility to replace a disc damaged by
accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE DISCS,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE
OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION
7. Disclaimer of Warranty on Software. You expressly acknowledge and
agree that use of the Software is at your sole risk. The Software and related
documentation are provided "AS IS" and without warranty of an kind and CMC and
CMC's Licensor(s) (for the purposes of provisions 7 and 8, CMC and CMC's
Licensor(s) shall be collectively referred to as "CMC") EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CMC DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE,
CMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY CMC OR A CMC AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD
THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CMC OR A CMC 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.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE,
SHALL CMC BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION,
EVEN IF CMC OR A CMC 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 CMC's 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 Software.
9. Controlling Law and Severability. This License shall be governed by
and construed in accordance with the laws of the United States and the State
of Oregon, as applied to agreements entered into and to be performed entirely
within Oregon between Oregon residents. If for any reason a court of
competent jurisdiction finds any provision of this License, or portion
thereof, to be unenforceable, that provision ofthe 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.
10. Complete Agreement. The License constitutes the entire agreement
between the parties with respect to the use of the 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 CMC.
Warranty Disclaimer:
Creative Multimedia Corporation ("CMC") 's, LICENSOR(S) MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING
THE SOFTWARE. CMC's LICENSOR(S) DOES NOT WARRANT, GUARANTEE OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USEOF THE SOFTWARE IN
TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED
BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME
JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU."
Disclaimer of Liability:
"IN NO EVENT WILL CMC's LICENSOR(S), AND THEIR DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS (COLLECTIVELY CMC's LICENSOR) BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CMC's
LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. CMC's Licensor's liability to you for actual damages from any cause
whatsoever, and regardless of the form of the action (whether in contract,
tort (including negligence), product liability or otherwise), will be limited
to $50."