THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END-USER, AND DIGITAL TECHNOLOGY INTERNATIONAL (DT). THIS LICENSE CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND DT CONCERNING YOUR USE OF DT'S FACESPAN PRODUCT (THE "SOFTWARE"), AND OF THE ACCOMPANYING USER DOCUMENTATION (COLLECTIVELY, THE "LICENSED MATERIALS"). IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CONTINUE INSTALLATION. RETURN THE DISK PACKAGE AND THE OTHER ITEMS (INCLUDING WRITTEN MATERIALS, BINDERS OR OTHER CONTAINERS, IF ANY) THAT ARE PART OF THIS PRODUCT TO THE PLACE WHERE YOU OBTAINED THEM WITHIN FIFTEEN (15) DAYS FOR A FULL REFUND.
1. LICENSE GRANT.
In consideration of your payment of the license fee, DT hereby grants to you, and you accept, a nonexclusive license to install, use, and display the Software in accordance with the terms of this License Agreement, and subject to the restrictions in this Agreement's Paragraphs 3 and 4, to create and distribute derivative works based upon the Software. You may install the Software on a single computer, except that if the Software is used exclusively by a single person, that person may install a second copy of the Software for use by that person on his or her home or portable computer. Neither concurrent use on two or more computers nor use in a local area or other network is permitted without separate authorization and the payment of an additional license fee for each concurrent user. You may not rent, lease, assign or otherwise transfer any or all of your rights in the Licensed Materials. With respect to those components of the Software that DT distributes only in machine-readable, object code form, you may use those components only in such form, and may not change, alter, modify, translate, reverse assemble, reverse compile, disassemble, or in any way reverse engineer such components. Any bug fixes, updates, upgrades or new versions received by you from DT shall become part of the Licensed Materials and shall be governed by the terms of this License Agreement. You may make an archival copy of the Software, but you may not copy any other portion of the Licensed Materials. DT reserves all rights not expressly granted to you in this License Agreement.
2. OWNERSHIP OF LICENSED MATERIALS
The Licensed Software is copyrighted under the laws of the United States and international treaty provisions. You acknowledge that the Licensed Materials and any copies of them, regardless of the form or media in which the original or copies may exist, are the sole and exclusive property of DT; by accepting this License Agreement you do not become the owner of the Software recorded on the program CD-ROM.
3. CREATING AND DISTRIBUTING DEVELOPER'S WORKS
The Software consists of multiple components including FaceSpan, the FaceSpan Extension, Feature Highlights, Forms and other materials found on the program CD-ROM and described in the accompanying documentation. Together these components furnish an environment through which you may develop works known as Project documents, Miniature Applications, and Complete Applications ("Developer's Works"), which are also described in the accompanying documentation. This paragraph and Paragraph 4 state the terms under which you may create Developer's Works and distribute them including or together with the various components of the Software.
a) You may distribute the FaceSpan Extension royalty-free and without restriction, but only in the complete, unmodified form in which it is provided to you on the program CD-ROM.
b) You may distribute individual Forms royalty-free only in the complete, unmodified form in which they are provided to you on the program CD-ROM, and only as part of a Developer's Work.
c) You may distribute royalty-free script segments drawn or derived from Feature Highlights as modified to serve as part of a Developer's Work. You may distribute Feature Highlights only as part of a Developer's Work.
d) You may distribute only Developer's Works that you have created for a substantial purpose other than merely distributing, demonstrating, or showcasing DT's Forms or script segments.
e) You may not distribute FaceSpan.
f) You may not distribute any Developer's Work created primarily to function as an AppleScript or Open Scripting Architecture development environment.
g) Subject to the restrictions of this Agreement, you may distribute your Developer's Works without payment to DT of any royalties or further license fees.
4. LICENSING DEVELOPER'S WORKS TO THIRD PARTIES
You may sublicense certain portions of the Software as provided in this Agreement's Paragraph 3. Under no circumstances may you grant a license to any person or entity to use your Developer's Works as part of any third party product such that any portion of the Licensed Materials would be contained in that third party product. You must bind licensees of your Developer's Works to agreements consistent with this Agreement and that are no less protective of DT's rights.
NOTE: The "about box" and documentation to any Developer's Work you distribute must include the following wording:
Portions of this software are included under license.
1998 Digital Technology International. All rights reserved.
For more information call 801-226-2984 or
see http://www.facespan.com.
5. TERM
This License Agreement is effective upon your opening of this package and shall continue until terminated either automatically upon your breach of any term of this Agreement or by your act of termination, which in either case requires you to return immediately to DT the Licensed Materials and all copies and portions thereof.
6. LIMITED WARRANTY
DT warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement that the program CD-ROM in which the Software is contained is free from defects in material and workmanship. If during the 90 day period, a defect in the program CD-ROM appears, you may return the program CD-ROM to DT for replacement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by DT of any warranties made under this Agreement. EXCEPT FOR THE WARRANTY SET FORTH ABOVE, THE LICENSED MATERIALS ARE LICENSED "AS IS," AND DT DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
DT's cumulative liability to you for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to DT for the use of the Licensed Materials. IN NO EVENT SHALL DT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FROM INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE OF SOFTWARE, OR LOSS OF DATA EVEN IF DT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES 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.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
The Licensed Software is delivered as "Restricted Computer Software". Notwithstanding any other lease or license agreement that may pertain to or accompany the delivery of this Restricted Computer Software, the rights of the Government regarding its use, reproduction and disclosure are as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause atDFAR 252.227-7013 et. seq or subparagraph (c)(2) of the Commercial Computer Software--Restricted Rights Clause at FAR 52.277-19. Contractor/Manufacturer is Digital Technology International, 500 West 1200 South, Orem, UT 84058.
9. COMPLIANCE WITH EXPORT LAWS
You agree to comply at all times with all export laws and regulations of the United States, as such laws and regulations may exist from time to time. Without limiting the preceding sentence, you agree not to export or re- export, directly or indirectly, the Licensed Materials to any country for which the United States Government requires an export license or other government approval without first obtaining such license or approval.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Utah except that no conflicts of laws provision shall be invoked so as to use the laws of any other jurisdiction. The exclusive venue for all cases related to or arising out of this Agreement shall be the courts of Utah County, Utah, and you agree to the jurisdiction of these courts.
11. WHOLE AGREEMENT
This Agreement constitutes the entire agreement between you and DT and no modification of this Agreement shall be binding unless executed in writing by both parties.
FaceSpan is a trademark of Digital Technology International.
