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- Pegasus Imaging Corporation (PIC) License Agreement
- Photoshop Plug-in
-
- YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
- INSTALLING THIS PLUG-IN. INSTALLING THIS PLUG-IN INDICATES YOUR
- ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH
- THEM, YOU SHOULD PROMPTLY RETURN THIS PLUG-IN, ALONG WITH YOUR RECEIPT,
- TO THE MERCHANT FROM WHOM YOU OBTAINED THE PRODUCT AND YOUR MONEY WILL
- BE REFUNDED. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE
- STATEMENT OF THE AGREEMENT BETWEEN YOU AND PEGASUS IMAGING CORPORATION
- (PIC) ("LICENSER") WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT,
- ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT
- MATTER OF THIS AGREEMENT.
-
- GRANT OF LICENSE. PIC grants to you the right to use one copy of the
- enclosed PIC Photoshop Plug-in software program (the "SOFTWARE") on a
- single terminal connected to a single computer (i.e. with a single
- CPU). You may not network the SOFTWARE or otherwise use it on more than
- one computer or computer terminal at the same time.
-
- OWNERSHIP. The SOFTWARE is owned by PIC or its suppliers and is
- protected by United States copyright laws and international treaty
- provisions. Therefore, you must treat the SOFTWARE like any other
- copyrighted material (i.e. a book or musical recording) except that you
- may either (a) make one copy of the SOFTWARE solely for backup or
- archival purposes, or (b) transfer the SOFTWARE to a single hard disk
- provided you keep the original solely for backup or archival purposes.
- You may not copy the written materials accompanying the software.
-
- OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you
- may transfer the SOFTWARE and accompanying written materials on a
- permanent basis provided you retain no copies and the recipient agrees
- to the terms of this Agreement. You may not reverse engineer,
- decompile, or disassemble the SOFTWARE. If SOFTWARE is an update, any
- transfer must include the update and all prior versions.
-
- LIMITED WARRANTY
-
- LIMITED WARRANTY. PIC warrants that (a) the SOFTWARE will perform
- substantially in accordance with the accompanying written materials for
- a period of 90 days from the date of receipt; and (b) any hardware
- accompanying the SOFTWARE will be free from defects in materials and
- workmanship under normal use and service for a period of one year from
- the date of receipt. Any implied warranties on the SOFTWARE and
- hardware are limited to 90 days and one (1) year, respectively. Some
- states do not allow limitations on duration of an implied warranty, so
- the above limitation may not apply to you.
-
- CUSTOMER REMEDIES. PIC's entire liability and your exclusive remedy
- shall be, at PIC's option, either (a) return of the price paid or (b)
- repair or replacement of the SOFTWARE or hardware that does not meet
- PIC's Limited Warranty and which is returned to PIC with a copy of your
- receipt. This Limited Warranty is void if failure of the SOFTWARE or
- hardware has resulted from accident, abuse, or misapplication. Any
- replacement SOFTWARE will be warranted for the remainder of the
- original warranty period or 30 days, whichever is longer. THESE
- REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED STATES OF AMERICA.
-
- NO OTHER WARRANTIES. PIC disclaims all other warranties, either
- express or implied, including but not limited to implied warranties of
- merchant ability and fitness for a particular purpose, with respect to
- the SOFTWARE, the accompanying written materials, and any accompanying
- hardware. This limited warranty gives you specific legal rights. You
- may have others, which vary from state to state.
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall PIC or its
- suppliers be liable for any damages whatsoever (including, without
- limitation, damages for loss of business profits, business
- interruption, loss of business information, or other pecuniary loss)
- arising out of the use of or inability to use this PIC product, even if
- PIC has been advised of the possibility of such damages. Because some
- states do not allow the exclusion or limitation of liability for
- consequential or incidental damages, the above limitation may not apply
- to you.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS
-
- U.S. Government Restricted Rights: The Software and documentation are
- provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by
- the Government is subject to restrictions as set forth in subparagraph
- (c)(1)(ii) of the Rights in Technical Data and Computer Software clause
- at DFAR 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial
- Computer Software - Restricted Rights at 48 CFR 52.227-19 of FAR, or
- Clause 18 52.277-86(d) of NASA Supplement to the FAR, as applicable.
- Manufacturer is Pegasus Imaging Corporation, 4010 Boy Scout Blvd.
- Suite 400, Tampa, Florida 33607, (813) 875-7575.
-