home *** CD-ROM | disk | FTP | other *** search
- $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."
-
-