PLEASE READ THIS CAREFULLY BEFORE USING THE PROGRAMS AND FILES ON THIS DISK.
BY USING THE PROGRAMS AND FILES ON THIS DISK YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE PROGRAMS AND FILES ON THIS DISK. PROMPTLY RETURN THE DISK, PACKAGING, AND ALL CONTENTS TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.
THIS AGREEMENT STATES THE TERMS AND CONDITIONS UPON WHICH PACIFIC MEDIA WORX (" PMW") AND THE COPYRIGHT HOLDERS, PMW, OFFER TO LICENSE THE ENCLOSED PMW SOFTWARE ("HIGH TECHTURES"). AMONG OTHER THINGS, THIS AGREEMENT LICENSES THE HIGH TECHTURES TO YOU AND CONTAINS WARRANTY DISCLAIMERS.
High Techtures is licensed, not sold, to you for use only under the terms of this Agreement, and PMW and the Providers reserve all rights not expressly granted to you. PMW retains ownership of all copies of High Techtures.
1. License
This Agreement allows you to:
(a) Use High Techtures on a single computer of the type identified on the package. You must obtain a supplementary license from PMW before using High Techtures in connection with systems, multiple central processing units or computer networks. Please contact PMW at the address indicated at the end of this Agreement for further information.
(b) Make one copy of High Techtures in machine - readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary or confidentiality legends that are on the original copy of High Techtures.
(c) Transfer High Techtures and all rights under this Agreement to another party together with a copy of this Agreement, provided you give PMW written notice of such transfer and the other party reads and accepts the terms and conditions of this Agreement, and provided further that you do not retain the original copy or any other copy of High Techtures.
2. Distribution Rights
You may modify, adapt, translate, create derivative works, and incorporate individual clips from High Techtures into "produced works" which you may then distribute. "Produced works" being defined as media productions created by the end-user in which the primary function and value is the completed production, not High Techtures or derived works which have been incorporated into that media production.
3. Distribution Restrictions
(a) You may not distribute copies of High Techtures to others or electronically transfer High Techtures from one computer to another over a network.
(b) You may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute, network, or create derivative works based upon High Techtures or any part thereof in context of a media library or collection not associated with any particular work or production.
4. Termination
This agreement is effective until terminated. You may terminate this Agreement at any time by destroying High Techtures together with the permitted copy. This Agreement shall terminate automatically upon your breach of your obligations under this Agreement. Upon termination, you must destroy High Techtures together with the permitted copy.
5. Export control
This High Techtures is subject to the export control laws of the United States. You agree and certify that neither High Techtures nor any direct product thereof is being or will be shipped, transferred, or reexported directly or indirectly into any country prohibited by the United States Export Administration Act and the regulations thereunder, or will be used for any purpose prohibited by same.
6. Government End Users
If this High Techtures is acquired by or on behalf of a unit or agency of the United States Government, this provision applies. This High Techtures: (a) was developed at private expense, is existing computer software and no part of it was developed with government funds, (b) is a trade secret of PMW for all purposes of the Freedom of Information Act, (c) is "restricted computer software" submitted with restricted rights in accordance with subparagraphs (a) through (d) of the Commercial Computer Software_Restricted Rights clause at 52.227-19 and its successors, (d) in all respects is proprietary data belonging solely to PMW, and (e) is unpublished and all rights are reserved under the copyright laws of the United States.
For units of the Department of Defense (DoD) High Techtures is "commercial computer software" and is licensed only with "Restricted Rights" as that term is defined in the DoD Supplement to the Federal Acquisition Regulation, 252.227-7013 (c)(1)(ii) (Rights in Technical Data and Computer Software) and its successors, and use, duplication or disclosure is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. The Contractor/Manufacturer is PMW 8666 Lake Murray Blvd. #303
San Diego, CA 92119. If this High Techtures was acquired under a GSA Schedule, the Government has agreed to refrain from changing or removing any insignia or lettering from High Techtures or the documentation that is provided and from producing copies of manuals or media (except for backup purposes and in accordance with the terms of this Agreement).
7. Limited Warranty
(a) PMW warrants that the media on which High Techtures is furnished will be free from defects in materials and workmanship under normal use for a period of (3) months from the date of delivery as evidenced by a copy of the receipt. EXCEPT AS TO THE MEDIA ON WHICH HIGH TECHTURES IS FURNISHED, HIGH TECHTURES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PMW DOES NOT WARRANT THAT THE CONTENT CONTAINED IN HIGH TECHTURES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF HIGH TECHTURES WILL BE UNINTERRUPTED OR ERROR FREE. PMW DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(b) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PMW, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
(c) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
8. Limitation of Remedies and Damages
(a) PMWSHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE) EVEN IF PMW OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) 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.
(c) PMW's liability to you for actual damage for any cause whatsoever will be limited to the greater of $10 or the money paid for High Techtures that caused such damages or that is the subject matter of, or is directly related to the cause of action.
(d) THE LIMITED WARRANTY, LIMITED REMEDIES AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PMW AND YOU. PMW WOULD NOT BE ABLE TO PROVIDE HIGH TECHTURES WITHOUT SUCH LIMITATIONS.
9. General
This Agreement shall be governed and interpreted in accordance with the laws of the State of California, applicable to contracts made and fully performed therein. This Agreement contains the final, complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements or understandings (oral or written). If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Sections 7 and 8 shall survive termination of this Agreement.
10. Inquiries
All questions concerning this Agreement should be directed to:
