a) The present licence grants the right to use the software Mauve in a single location, on a single computer and by more than one user.
b) Pentafolio inc. and MΘdiaspaul (hereafter called the "Publishers") own the title to Mauve (the "Software") and its related documentation.
c) The licensee owns the physical media on which the title is recorded and is granted a limited licence to use the Software as indicated hereby and according to the laws in force in Canada related to owners' and assignors' rights.
d) Rights under this licence may be transferred provided that related documentation, this licence and the Software is transferred to a party who accepts the terms of this licence.
e) This licence is effective until terminated; it is immediately terminated by any act or omission failing to comply with any of its provisions or by any infringement of the law, without notice from the owners and assignors.
2) COPYRIGHT
a) The Software and its related documentation contain copyrighted and other proprietary material.
b) No person is authorized to copy, modify, decompile, reverse engineer, disassemble, rent, lease, loan, or distribute the Software; to create derivative works based on the Software, in whole or in part; or to transmit the Software over a network.
c) Subject to the terms of the Copyright Act, no person is authorized to reproduce, by writing or otherwise, the content of the Software, such as animations, sounds, images, music, photographs, video clips, texts, related documentation and all other material without assigned rights.
d) A single copy may be produced for computer compatibility and backup purposes according to the terms of the law.
e) In the event of violation, the owners of the copyright, the moral rights and all other rights are entitled to all remedies conferred by law.
3) WARRANTY
a) The Publishers warrant the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt.
b) In the event of defect, the Publishers' exclusive remedy is the replacement of the media not meeting this warranty and which is returned to the Publishers with a copy of the receipt.
c) The Publishers are not responsible for media damaged by accident, abuse or misuse.
d) Except in jurisdictions where such exclusions are disallowed, the Publishers expressly disclaim all warranties, explicit or implied, but not limited to, the warranties of merchantability and fitness for a particular purpose with regard to both the media and the Software.
e) The Software is provided "as is" and without warranty of any kind other than those mentioned herein; among others, the Publishers do not warrant that the functions contained in the Software meet the requirements of the licensee, or that the operation of the Software is uninterrupted or error-free, or that the possible defects in the Software will be corrected. Furthermore, the Publishers do not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise.
4) LIABILITY
a) The buyer acknowledges and agrees that use of the Software is at his or her sole risk.
b) Except in jurisdictions where such exclusions are disallowed, under no circumstances and under whatever civil liability count of indictment shall the Publishers be liable for any incidental, special or consequential damages
i) that result from the use or inability to use the Software or related documentation, or
ii) for any defects, including viruses, contained in the Software or on the media even if the Publishers are advised of the possibility of such damages by the buyer.
c) In no event shall the Publishers' total liability for all damages exceed the amount paid for the media.
5) CONTROLLING LAW AND INTERPRETATION
a) This licence shall be governed by and construed in accordance with the laws in force in Canada. If for any reason a court of competent jurisdiction finds any provision of this licence, or portion thereof, to be unenforceable, that provision of the licence shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this licence shall continue in full force and effect.
b) No amendment to or modification of this licence shall be binding unless in writing and signed by a duly authorized representative of the Publishers.
Published by Pentafolio Inc. and MΘdiaspaul. Copyright (c) 1998 Pentafolio Inc. and MΘdiaspaul. All rights reserved. QuickTime and the QuickTime Logo are trademarks of Apple Computer, Inc. used under licence. Director (r) Copyright (c) 1994, 1996 Macromedia, Inc. Windows 95 is a trademark of the Microsoft Corporation.
