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http://www.macromedia.com/shockwave/download/license/desktop/
Macromedia End User License Agreement for Desktop Only
Please read this document carefully before proceeding. This Agreement
licenses the software to you and contains warranty and liability
disclaimers. By selecting the "Download" button, you are confirming your
acceptance of the software and agreeing to become bound by the terms of
this Agreement.
1. Definitions
(a) "Macromedia Software" means the software program covered by this
Agreement, and all related updates supplied by Macromedia.
(b) "Macromedia Product" means the Macromedia Software and any related
documentation, models and multimedia content (such as animation, sound
and graphics), and all related updates supplied by Macromedia.
2. License
This Agreement allows you to:
(a) Use the Macromedia Product on a single desktop computer that has a
Windows PC (including Windows 95, 98, 2000, NT and ME), a Macintosh
desktop operating system, a Linux desktop operating system, or a Solaris
desktop operating system; provided, however, that, notwithstanding
anything contrary contained herein, you may not use the Macromedia
Product from any non-PC product, including, but not limited to, a web
appliance, set top box (STB), handheld, phone, or web pad device.
(b) Make one copy of the Macromedia Product in machine-readable form
solely for backup purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends found on the
original.
(c) Certain rights are not granted under this Agreement, but may be
available under a separate agreement. If you would like to enter into a
Distribution Agreement, please go to:
http//:www.macromedia.com/support/shockwave/info/licensing/license.html.
3. Restrictions
You may not make or distribute copies of the Macromedia Product, or
transfer the Macromedia Product from one hardware product or medium to
another or over a network. You may not decompile, reverse engineer,
disassemble, or otherwise reduce the Macromedia Software to a
human-perceivable form. You may not modify, sell, rent, transfer, resell
for profit, distribute or create derivative works based upon the
Macromedia Product or any part thereof. You will not export or reexport,
directly or indirectly, the Macromedia Product into any country
prohibited by the United States Export Administration Act and the
regulations thereunder.
4. Ownership
The foregoing license gives you limited rights to use the Macromedia
Product. You do not become the owner of, and Macromedia and its
suppliers retain title to, the Macromedia Product, and all copies
thereof. All rights not specifically granted in this Agreement,
including Federal and International Copyrights, are reserved by
Macromedia.
5. Disclaimer of warranties and of technical support
The Macromedia Product is provided to you free of charge, and on an "AS
IS" basis, without any technical support or warranty of any kind from
Macromedia including, without limitation, a warranty of merchantability,
fitness for a particular purpose and non-infringement. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY
FROM STATE TO STATE. These limitations or exclusions of warranties and
liability do not affect or prejudice the statutory rights of a consumer;
i.e., a person acquiring goods otherwise than in the course of a
business.
6. Limitation of damages
NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE 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 THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The
limited warranty, exclusive remedies and limited liability set forth
above are fundamental elements of the basis of the bargain between
Macromedia and you. You agree that Macromedia would not be able to
provide the Macromedia Software on an economic basis without such
limitations.
7. Government end users (USA only)
RESTRICTED RIGHTS LEGEND The Macromedia Software is "Restricted Computer
Software." Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in this Agreement and as provided
in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT
1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as
applicable." Manufacturer: Macromedia, Inc., 600 Townsend, San
Francisco, CA 94103.
8. General
This Agreement shall be governed by the internal laws of the State of
California. This Agreement contains the complete agreement between the
parties with respect to the subject matter hereof, and supersedes all
prior or contemporaneous agreements or understandings, whether oral or
written. All questions concerning this Agreement shall be directed to:
Macromedia, Inc., 600 Townsend Street, San Francisco, CA 94103,
Attention: General Counsel.
Macromedia Web Player End-User License Agreement 06/08/2000