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- LICENSE AGREEMENT AND LIMITED WARRANTY
-
- IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS
- SOFTWARE. BY USING THIS SOFTWARE AND ACCOMPANYING MATERIAL
- ("SOFTWARE PRODUCT") YOU ACCEPT THE TERMS AND CONDITIONS OF THIS
- AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT DO NOT
- INSTALL OR USE THE SOFTWARE PRODUCT AND RETURN IT TO YOUR PLACE OF
- PURCHASE FOR A FULL REFUND.
-
- COPYRIGHT/OWNERSHIP. The Software Product is owned by Pixel Planet
- Corporation and is protected by copyright and other laws. Pixel
- Planet retains all right, title, and interest, including all
- intellectual property rights, in the Software Product. You aquire
- only the right to use the Software Product, and do not acquire any
- rights, express or implied, in the Software Product other than those
- rights specified in this Agreement.
-
- LICENSE. You may use the Software Product for personal use on one
- computer at a time. You must run the Software from the CD-ROM
- (although the Software itself may copy a portion of the Software
- onto your hard drive during installation in order to run more
- efficiently). You may not make copies of the Software Product.
- You may not distribute the Software to others or electronically
- transfer the Software from one computer to another over a network.
- You may not use the Software from multiple locations of a multiuser
- or networked system at any time. You may not reverse-engineer,
- disassemble, or decompile the Software. You may not rent, lease,
- license or otherwise transfer the Software Product without written
- consent of Pixel Planet, except that you may transfer the entire
- Software Product on a permanent basis, provided the recipient
- agrees to the terms of this Agreement.
-
- TERM. You may terminate this Agreement at any time by destroying
- the Software Product along with any portions copied onto your hard
- drive. This license is automatically terminated if you fail to
- comply with any term or condition of this Agreement. Upon such
- termination you agree to destroy the Software Product along with
- any portions copied onto your hard drive.
- U.S. GOVERNMENT RESTRICTED RIGHTS. This Software Product is
- 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 DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
- of the Commercial Computer Software - Restricted Rights at
- 48 CFR 52.227-19, as applicable. The manufacturer is Pixel Planet
- Corporation, PO Box 85778, Seattle WA 98145-1778.
-
- LIMITED WARRANTY. Pixel Planet warrants that the Software will
- perform substantially in accordance with the accompanying
- documentation for a period of ninety (90) days following the original
- purchase. Pixel Planet's and its suppliers' entire liability and
- your exclusive remedy shall be, at Pixel Planet's option, either the
- repair or replacement of the Software Product, or a refund of the
- price paid for the Software Product.
- NO OTHER WARRANTIES. PIXEL PLANET AND ITS SUPPLIERS DISCLAIM ALL
- OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
- LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
- PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE
- SOFTWARE PRODUCT. This limited warranty gives you specific legal
- rights. You may have others which vary from state to state.
-
- LIMITATION OF LIABILITY. IN NO EVENT SHALL PIXEL PLANET OR ITS
- SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
- CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR
- INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF PIXEL PLANET HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PIXEL PLANET'S AND ITS
- SUPPLIERS' ENTIRE LIABILITY SHALL NOT EXCEED THE LICENSE FEES PAID
- BY YOU FOR THE SOFTWARE PRODUCT. Because some states do not allow
- the exclusion or limitation of liability, the above limitation may
- not apply to you.
-
- GENERAL. This license constitutes the entire agreement between you
- and Pixel Planet regarding your use of the Software Product. This
- Agreement is governed by the laws of the State of Washington.
-