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LICENSE.TXT
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1996-04-30
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LICENSE AGREEMENT
The software which accompanies this license ( the "Software") is the
property of TechSmith Corporation (herein "TSC"). While TSC continues
to own the Software, you will have certain rights to use the
Software after your acceptance of this license.
This license applies to all users of this Software and is divided
into three sections.
1) GENERAL TERMS AND CONDITIONS apply to all users and uses of this
Software.
2) TERMS AND CONDITIONS FOR REGISTERED COPIES OF THE SOFTWARE apply
to REGISTERED copies of this Software.
3) TERMS AND CONDITIONS FOR EVALUATION COPIES OF THE SOFTWARE apply
only to users of UNREGISTERED copies of this Software.
1) GENERAL TERMS AND CONDITIONS
TITLE
Title, ownership rights, and intellectual property rights in and to
the Software and the associated documentation shall remain with TSC
and/or its suppliers. This agreement does not include the right to
sublicense the Software and is personal to you and therefore may not
be assigned (by operation of law or otherwise) or transferred
without the prior written consent of TSC. You acknowledge that the
Software in source code form remains a confidential trade secret of
TSC and/or its suppliers; therefore, you agree not to attempt to
decipher, decompile, disassemble or reverse engineer the Software or
allow others to do so, except to the extent applicable laws
specifically prohibit such restriction. You further agree not to
modify or create derivative works of the Software.
DISCLAIMER OF WARRANTY
The Software is provided on an "AS IS" basis, without warranty of any
kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. The entire
risk as to the quality and performance of the Software is borne by
you. Should the Software prove defective, you and not TSC assume
the entire cost of any service and repair. TSC does not warrant
that the Software will meet your requirements or that operation of
the Software will be uninterrupted or that the Software will be
error-free.
This disclaimer of warranty constitutes an essential part of the
agreement. Some states do not allow exclusions of an implied
warranty, so this disclaimer may not apply to you and you may have
other legal rights that vary from state to state or by jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or
otherwise, shall TSC or its suppliers or resellers be liable to you
or any other person for any indirect, special, incidental, or
consequential damages of any character including, without
limitation, damages for loss of goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages or
losses. This limitation of liability shall not apply to liability
for death or personal injury to the extent applicable law prohibits
such limitation. Furthermore, some states do not allow the exclusion
or limitation of incidental or consequential damages, so this
limitation and exclusion may not apply to you.
EXPORT CONTROLS
You may not download or otherwise export or reexport the Software or
any underlying information or technology except in full compliance
with all United States and other applicable laws and regulations.
In particular, but without limitation, none of the Software or
underlying information or technology may be downloaded or otherwise
exported or reexported (i) into or to a national or resident of any
other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you are agreeing to
the foregoing terms, and you are representing and warranting that
you are not located in, under the control of, or a national or
resident of any such country or on any such list.
MISCELLANEOUS
This Agreement represents the complete and exclusive statement of the
agreements concerning this license between the parties and supersedes
all prior agreements and representations between them. It may be
amended only by written addendum executed by both parties. If any
provision of this agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary
to make it enforceable, and such decision shall notaffect the
enforceability (i) of such provision under othercircumstances or;
(ii) of the remaining provisions hereof under all circumstances.
Headings shall not be considered in interpreting this agreement.
This agreement shall be governed by and construed under Michigan law
as such law applies to agreements between Michigan residents entered
into and to beperformed entirely within Michigan, except as governed
by Federal law. This agreement will not be governed by the United
NationsConvention of Contracts for the International Sale of Goods,
the application of which is hereby expressly excluded.
2) TERMS AND CONDITIONS FOR REGISTERED COPIES OF THE SOFTWARE
REGISTERING
By registering this Software, additional rights to this Software are
granted and defined in this section. You may use one copy of the
Software on a single computer. If you have registered for a
multi-pack you may use the Software on multiple computers not to
exceed the number of licenses paid for. The connection time limit is
removed for registered copies of the Software.
DISTRIBUTION
The right to distribute or redistribute this Software is expressly
denied. You may not copy, sublicense, rent, or lease any portion of
the Software to another entity.
UPDATES
This Software may be updated by TSC on a periodic basis to fix
previously reported problems. Registered users of this Software may
download the updated Software and use it in place of the previous
version. The previously issued product registration key will work
with updated Software.
UPGRADES
From time to time, TSC may offer for sale complete and significant
upgrades of this Software. If an upgraded license is purchased as a
replacement for a previous version, all copies and use of the prior
version must be destroyed, except for copies retained for archival
purposes. The previously issued product registration key may no
longer work with ugraded Software and a new key may be required.
Enhancements and updates, if available, may be obtained through TSC
at current pricing, terms, and conditions.
The acceptance of any purchase order placed by you is expressly made
conditional on your assent to the terms set forth herein, and TSC
agrees to furnish the software and documentation only upon these
terms and not those contained in your purchase order.
3) TERMS AND CONDITIONS FOR EVALUATION COPIES OF THE SOFTWARE
Unregistered copies of this Software may be used only for the purpose
of evaluating this Software for suitability to fulfill the
customer's need. Subject to the provisions contained herein TSC
hereby grants you a non-exclusive right to use this Software free of
charge if your use of the Software is for the purpose of evaluating
whether to purchase an ongoing license to the Software. You may
evaluate the Software for not more than 30 days. At the end of 30
days you must purchase a license in order to continue using the
Software.
DISTRIBUTION.
You may freely distribute the unregistered Software in its entirety.
None of the files may be excluded. The Software is protected by the
copyright laws of the United States and international copyright
treaties.