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- END-USER LICENSE AGREEMENT
- between
- Encore Software, Inc. and its Licensors (collectively "Licensor") and
- Consumer ("You")
-
-
- THIS LICENSE RELATES TO ALL COMPUTER SOFTWARE, AND THE ACCOMPANYING USER
- DOCUMENTATION CONTAINED ON THIS CD (THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED
- AND LICENSED (NOT SOLD) TO YOU. BY USING THE PROGRAM, YOU ARE ACCEPTING AND
- AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT
- REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND LICENSOR CONCERNING THE PROGRAM.
-
- 1. License Grant. Licensor hereby grants to you, and you accept, a
- nonexclusive license to use the computer programs contained on this CD in
- machine-readable, object code form only (collectively referred to as the
- "Software"). The Software may be used only on a single computer owned, leased,
- or otherwise controlled by you; or in the event of inoperability of that
- computer, on a backup computer selected by you. Neither concurrent use on two or
- more computers nor use on a local area network or other network is permitted.
- You agree that you will not assign, sublicense, transfer, pledge, lease, rent,
- or share your rights under this License Agreement, except that you may
- permanently transfer all of your rights under this License Agreement, provided
- that you retain no copies, transfer all of the Software (including all related
- media and printed materials and any upgrades), and the transferee agrees to the
- terms of this License Agreement). You agree that you will not reverse assemble,
- reverse compile, or otherwise translate the Software.
-
- 2. Licensor's Rights. You acknowledge and agree that the Program is
- proprietary product of Licensor protected under U.S. copyright law. You further
- acknowledge and agree that all right, title and interest in and to the Program,
- including any associated intellectual property rights, are and shall remain with
- Licensor. This License Agreement does not convey to you an interest in or to the
- Program, but only a revocable limited right of use revocable in accordance with
- the terms of this License Agreement. You are responsible for, and must use your
- best efforts to prevent the breaking of these terms by any other person.
-
- 3. 1. Scope of Rights. You may:
-
- a. Install the Licensed Program into your computer;
-
- b. Retain the Program CD for backup purposes;
-
- c. Make one copy of the Software on a second CD for the purpose of backup in
- the event the Program CD is damaged or destroyed
- (retaining any copyright and other proprietary notices that
- appear on the original CD); and
-
- d. Make one copy of the User's Manual for backup purposes so long as any such
- copies of the Software or the User's Manual include Licensor's copyright and
- other proprietary notices.
-
- e. If this Product includes Clipart and/or Photo Images, use the Clipart
- and/or Photo Images only if you comply with the terms set out in the
- Guidelines for the Use of Clipart and Professional Photo Images below.
-
- 3.2. Restrictions on Use. You may not:
-
- a.Use, copy, modify, or distribute the Licensed Program (electronically or
- otherwise), or any copy, adaptation, transcription, or merged portion thereof,
- except as expressly authorized by Licensor;
-
- b.Reverse assemble, reverse compile, or otherwise translate the Licensed
- Program;
-
- c.Transfer, lease, assign, or sublicense your rights except for a transfer of
- the Licensed Program in its entirety.
-
- 4. Fees and Payments. The license fees paid by you are paid in
- consideration of the licenses granted under this License Agreement.
-
- 5. Term. This License Agreement is effective upon your opening of this
- program and shall continue until terminated. You may terminate this License
- Agreement at any time by returning the Program and all copies thereof and
- extracts therefrom to Licensor. Licensor may terminate this License Agreement
- upon the breach by you of any term hereof. Upon such termination by Licensor,
- you agree to return to Licensor the Program and all copies and portions thereof.
-
- 6. Limited Warranty. Licensor warrants, for your benefit alone, for a
- period of 90 days from the date of commencement of this License Agreement
- (referred to as "Warranty Period") that the Program CD in which the Software is
- contained is free from defects in material and workmanship. Licensor further
- warrants, for your benefit alone, that during the Warranty period the Program
- shall operate substantially in accordance with the functional specifications in
- the User's Manual. If during the Warranty Period, a defect in the Program
- appears, you may return the Program to Licensor for either replacement, or, if
- so elected by Licensor refund of amounts paid by you under this License
- Agreement. You agree that the foregoing constitutes your sole and exclusive
- remedy for breach by Licensor of any warranties made under this Agreement.
- EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE SOFTWARE
- CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL
- OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
- IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
-
- 7. Limitation of Liability. The cumulative liability of licensor to you
- for all claims relating to the licensed program and this agreement, including
- any cause of action sounding in contract, tort, or strict liability, shall not
- exceed the license fee paid to licensor for use of the program. IN NO EVENT
- SHALL LICENSOR BE LIABLE FOR ANY LOSS OF PROFITS; ANY INCIDENTAL, SPECIAL,
- EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST
- YOU, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR
- DEMANDS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
- INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE LIMITATION OR EXCLUSION
- MAY NOT APPLY TO YOU.
-
- 8. Proprietary Protection. Licensor shall retain sole and exclusive
- ownership of all right, title, and interest in and to the Program and all
- modifications and enhancements. This Agreement does not provide you with title
- or ownership of the Licensed Program, but only a right of limited use.
-
- 9. Costs of Litigation. If any action is brought by either party to
- this License Agreement against the other party regarding the subject matter
- hereof, the prevailing party shall be entitled to recover, in addition to any
- other relief granted, reasonable attorney fees and expenses of litigation.
-
- 10. Severability. In the event that any terms of this Agreement are or
- become or are declared to be invalid or void by any court of competent
- jurisdiction, such determination shall have no effect on the remaining terms of
- this Agreement, which shall remain in full force and effect.
-
- 11. Governing Law. This Agreement shall be governed by and construed in
- accordance with the laws of the State of California, U.S.A. All actions or
- proceedings seeking the interpretation and/or enforcement of this Agreement
- shall be brought only in the State or Federal Courts located in Los Angeles
- County in the State of California. Licensor and Consumer hereby submit
- themselves to the jurisdiction of such courts.
-
- 12. No Waiver. The failure of either party to enforce any rights granted
- hereunder or to take action against the other party in the event of any breach
- hereunder shall not be deemed a waiver by that party as to subsequent
- enforcement of rights or subsequent action in the event of future breaches.
-
-
- 13. No Adequate Legal Remedy. You acknowledge that, in the event of your
- breach of any of the foregoing provisions, Licensor will not have an adequate
- remedy in money or damages. Licensor shall therefore be entitled to obtain an
- injunction against such breach from any court of competent jurisdiction
- immediately upon request. Licensor's right to obtain injunctive relief shall not
- limit its right to seek further remedies.
-
- 14. U.S. Government Restrictions. This Program is provided with
- restricted rights. Use, duplication, or disclosure by the Government is subject
- to restrictions set forth in subparagraph (c)(1)(ii) of the 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.
-
-
- GUIDELINES FOR THE USE OF
- CLIPART AND PROFESSIONAL PHOTO IMAGES
-
- This Product contains numerous clipart and photo images (collectively referred
- to as the "Images") which are either owned by or licensed by the Licensor. As a
- user of this product you are free to use, modify and publish the Images as you
- wish subject to the restrictions set out below. If you are uncertain as to
- whether your intended use is in compliance with the Guidelines set out below, we
- recommend that you seek the advice of your own attorney or legal counsel.
- Licensor will not provide you with an opinion as to whether your use is in
- compliance with these Guidelines.
-
- A.YOU MAY, subject to the restrictions set out below:
-
- 1.incorporate any Image(s) into your own original work and publish, display and
- distribute your work in any media. You may not, however, resell, sublicense, or
- otherwise make available the Image(s) for use or distribution separately or
- detached from a product or web page. For example, the Image(s) may be used as
- part of a web page design, but may not be made available for downloading
- separately or in format designed or intended for permanent storage or re-use by
- others. Similarly, clients may be provided with copies of the Image(s)
- (including digital file) as an integral part of a work product, but may not be
- provided with the Image(s) or permitted to use the Image(s) separately or as
- part of any other product;
-
- 2.make one (1) copy of the Image(s) for backup or archival purposes.
-
- B. YOU MAY NOT
-
- 1.create scandalous, obscene, defamatory or immoral works using the Image(s) nor
- use the Image(s) for any other purpose which is prohibited by law;
-
- 2.use or permit the use of the Image(s) or any part thereof as a trademark or
- service mark, or claim any proprietary rights of any sort in the Image(s) or any
- part thereof;
-
- 3.use the Image(s) in electronic format, on-line or in multimedia applications
- unless all of the Image(s) are incorporated for viewing purposes only and no
- permission is given to download and/or save the Image(s) for any reason;
-
- 4.Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another
- person or legal entity. You may, however, transfer all your license to use the
- Image(s) to another person or legal entity, provided that (i) you transfer the
- Image(s) and this License, including all copies (except copies incorporated into
- your work product as permitted under this License), to such person or entity,
- (ii) that you retain no copies, including copies stored on a computer or other
- storage device, and (iii) the receiving party agrees to be bound by the terms
- and conditions of this License;
-
- 5.Use any Image(s) except as expressly permitted by this License.
-
- Encore is a registered trademark of Encore Software, Inc.
- ⌐ 1999 Encore Software, Inc. All rights reserved.
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- Standard EULA.doc
- 12/01/99
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