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- READ THIS LICENSE AGREEMENT BEFORE OPENING THIS PACKAGE AND
- INSTALLING AN ImageCELs (R) CD-ROM. IT DEFINES YOUR RIGHTS AND
- OBLIGATIONS.
-
- BY BREAKING THE SEAL AND INSTALLING AND USING THIS CD-ROM, YOU AGREE
- TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
-
- Use of any ImageCELs Digital Data Files, Library(ies) and any
- accompanying Documentation that may be supplied with it (hereinafter
- called "Product"), acknowledges that you have read this license
- agreement and understand it. If you do not accept or agree to these
- terms you may, within fifteen (15) days return this entire package
- unused and unopened to the person from whom you acquired it for a
- full refund.
-
- IMAGETECTS grants you a non-exclusive, non-transferable, royalty
- free worldwide license to use and incorporate the Product in your
- works according to the following terms:
-
- You MAY:
-
- A. Install the ImageCELs Product on only one computer at any one
- time.
-
- B. Physically transfer the Product from one computer to another;
- provided that the Product is used on only one computer at a time.
-
- You agree NOT to:
-
- A. Use the Product on more than one computer or workstation at a
- time in a network or a multi-user system.
-
- B. Translate, reverse engineer, decompile and/or disassemble the
- Product.
-
- C. Otherwise copy, distribute, rent, loan, disseminate, publish
- electronically or by printed media, sell, transfer, or grant any
- rights in the Product in any form to any person, nor shall your
- works allow any person to directly interact with the Product,
- without the prior written consent of IMAGETECTS which, if given, is
- subject to the transferee's consent to the terms and conditions of
- this license.
-
- D. Remove any proprietary notices, labels, or marks on the Product.
-
- This license is not a sale. Title and copyrights to the Product and
- any copy made by you remain with IMAGETECTS. Unauthorized copying
- or transmission to others of the Product or failure to comply with
- the above restrictions, will result in automatic termination of this
- license and will make available to IMAGETECTS other legal remedies.
- In the event of termination of this license, you must return all
- copies of the Product to IMAGETECTS and erase any copies from your
- hard disk.
-
- LIMITED WARRANTY AND LIMITATION OF LIABILITY
-
- This warranty applies to the Product and the media on which it may
- have been provided. Warranty on ImageCELs Product shall be limited
- to replacement of the defective Product only for ninety (90) days
- from date of purchase. IMAGETECTS further warrants for the same
- period that the Product, under normal use, will substantially
- perform when used on supported hardware and system software,
- provided such hardware and system software is in good working order.
-
- IMAGETECTS, its distributors or resellers entire liability and your
- exclusive remedy under this warranty (which is subject to you
- returning the Product to IMAGETECTS with a copy of your receipt)
- will be, at IMAGETECTS option, to attempt to correct or help you
- around errors with efforts which IMAGETECTS believes suitable to the
- problem, to replace the Product with functionally equivalent Product
- or media, as applicable, or to refund the purchase price and
- terminate this Agreement. All sales final.
-
- For warranty support contact: IMAGETECTS tm, P.O. Box 4, Saratoga,
- CA 95071. U.S.A. PHONE (408)252-5487 FAX (408)252-7409.
-
- EXCEPT FOR THE PRIOR EXPRESS LIMITED WARRANTIES, IMAGETECTS OR ITS
- DISTRIBUTORS AND RESELLERS MAKES, AND YOU RECEIVE, NO WARRANTIES,
- EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND
- IMAGETECTS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IMAGETECTS
- DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE
- UNINTERRUPTED OR ERROR-FREE AND IS DELIVERED "AS IS" AND WITH ALL
- FAULTS.
-
- IN NO EVENT WILL IMAGETECTS AND ITS DISTRIBUTORS OR RESELLERS BE
- LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST
- OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT
- DAMAGES ARISING FROM THE USE OF THE PRODUCT, HOWEVER CAUSED AND ON
- ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF
- IMAGETECTS, ITS DISTRIBUTORS OR AN AUTHORIZED DEALER HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE
- LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT
- ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
- Use, duplication, or disclosure by the Government is subject to
- restrictions as set forth in subdividison (c)(1)(ii) of the Rights
- in Technical Data and Computer Software clause at 252.227-7013.
-
- The user may not sublicense, assign or transfer this Agreement or
- the Product. This Agreement will be governed by the laws of the
- State of California. This Agreement is the entire agreement between
- us and supersedes any other communications or advertising with
- respect to the Product. If any provision of this Agreement is held
- invalid, the remainder of this Agreement shall continue in full
- force and effect.