PC Format (Portugal) 2/pcformat2.ISO/fractal/data.z/LICENSE.TXT

Text File | 1996-02-29 | 9.7 KB | 160 lines

[Note: Fractal Imager contains Iterated's Encoder software, for creating
fractal images, and its Decoder software for viewing and converting
fractal images.  The Encoder and Decoder are licensed to you under
separate terms, as described in this License Agreement.]

By clicking on the Accept Button, you are consenting to be bound by this
License Agreement.  If you do not agree to all of the terms of this
License Agreement, click the Do Not Accept Button and the installation
process will not continue.

END USER LICENSE AGREEMENT - FRACTAL IMAGE ENCODER AND DECODER

DISTRIBUTION OF THE ENCODER SOFTWARE IS NOT PERMITTED UNLESS A SEPARATE
DISTRIBUTION AGREEMENT IS SIGNED BY ITERATED SYSTEMS, INC. ("ITERATED")
AND YOU AND DISTRIBUTION FEES ARE PAID BY YOU.

YOU MUST PAY THE APPLICABLE LICENSE FEES TO ITERATED PRIOR TO USING THE
ENCODER SOFTWARE FOR REVENUE-GENERATING PURPOSES, OR WITHIN THIRTY (30)
DAYS AFTER FIRST USING THE ENCODER SOFTWARE TO COMPRESS OR ENCODE
IMAGES, WHICHEVER OCCURS FIRST, OR YOU MUST STOP USING THE ENCODER
SOFTWARE.

ENCODER SOFTWARE GRANT:  When you pay the applicable license fees of
Iterated, then Iterated grants you a limited, nontransferable,
terminable, non-exclusive license subject to the following to use its
accompanying computer software product known as the Fractal Image
Encoder [including 32-bit and Macintosh versions ("Encoder Software")]
for individual use only as described below on a single user Personal
Computer.  Prior to paying such license fees, you are permitted to use
the Encoder Software for evaluation and educational purposes only, and
not for any revenue-generating purposes.  Except as permitted in a fully
signed and paid up Distribution Agreement,  you may NOT distribute the
Encoder Software or place the Encoder Software on networks or online
systems or allow download or copying of the Encoder Software except for
the exclusive purpose of allowing downloading and copying of the Encoder
Software for archival and installation purposes (but not for purposes of
execution by the network or online system) provided any such copy must
contain all of the original proprietary, license and copyright notices.
This Encoder Software Grant paragraph only applies to the image
compression Encoder Software described above and does not grant any
rights to any other Iterated software, even if related to the Encoder
Software, including the Decoder Software described below.

DECODER SOFTWARE GRANT: Iterated grants you a limited, nontransferable,
terminable, non-exclusive license subject to the following to use its
accompanying computer software product known as the Fractal Image
Decoder [including 16-bit, 32-bit and Macintosh versions ("Decoder
Software")] for individual use only on a Personal Computer as described
below.  You may place the Decoder Software on networks and online
systems exclusively for the purpose of allowing downloading and copying
of the Decoder Software for archival, distribution and installation
purposes provided any such copy must contain all of the original Decoder
Software and text files including this License Agreement and any
proprietary, license and copyright notices on the original.  This
Decoder Software Grant paragraph only applies to the image decompression
Decoder Software, described in this paragraph above and does not grant
any rights to any other Iterated software, even if related to the
Decoder Software, including the Encoder Software and any other software
that encodes or compresses data or images in any way.  The Decoder
Software and Encoder Software are also collectively referred to as
"Software".

You may use the Decoder Software only on a single user personal computer
that: (a) has one Intel 386, 486 or Pentium processor, Motorola 68030 or
68040 processor or IBM Power PC processor; (b) operates only the
Microsoft DOS and Windows operating system or the Macintosh operating
system; (c) contains at least 4 megabytes of random access memory; (d)
contains at least 80 megabytes of internal hard disk storage; (e)
contains a keyboard (not an infrared remote) and monitor (not a
television set); (f) is able to produce printed output on a local
printer; and (g) does not act as a server on any network (including a
local area network, wide area network or Internet) or otherwise allow
operation of the Decoder Software from a remote or separate computer or
terminal ("Personal Computer").  For the avoidance of doubt, and without
limitation of the foregoing, "Personal Computer" does not include game
players, television set-top boxes or so-called "Internet Appliances".

You may not permit other individuals to use, operate or copy the
Software (except as permitted above).  You may not use or allow the use
of the Decoder Software on any computer or other device that is not a
Personal Computer (as defined above).  You may not modify, translate,
reverse engineer, decompile, disassemble, (except to the extent
applicable laws prohibit such restriction), or create derivative works,
based on the Software, copy the Software (except as specified above),
rent lease, transfer, license or otherwise transfer rights to, the
Software, or remove any proprietary notices, licenses, displays,
installation procedures or labels on or in the Software, whether set
forth in text files or on media.  You may not use the Software in a
service bureau, online service or in any way for the benefit of third
parties, regardless of whether such third parties pay for such service.

DISCLAIMER OF WARRANTY: THE SOFTWARE IS LICENSED ON AN AS-IS BASIS,
WITHOUT WARRANTY OR CONDITION OF ANY KIND AND ITERATED DISCLAIMS ALL
WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.  The entire risk as to the quality and performance of
the Software is borne by you.  Should the Software prove defective, you
and not Iterated assume the entire cost of any service and repair.  This
Disclaimer of Warranty constitutes an essential part of the License
Agreement.  SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL ITERATED OR  ITS
SUPPLIERS, LICENSORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES.   IN NO EVENT WILL ITERATED BE
LIABLE FOR ANY DAMAGES IN EXCESS OF ITERATED'S LIST PRICE LICENSE FEE
FOR THE SOFTWARE, IF ANY, EVEN IF ITERATED SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO
YOU.

TITLE: Title, ownership rights, and intellectual property rights in and
to the Software shall remain in Iterated and/or its licensors or
suppliers.  The Software is protected by copyright laws of the United
States and international copyright treaties.  You are permitted to use
only one copy of the Software, even if you receive multiple copies,
whether via download or magnetic media.  Title, ownership rights, and
intellectual property rights in and to the content accessed through the
Software is the property of the applicable content owner, and may be
protected by copyright or other applicable law.  This License gives you
no rights to such content.

TERMINATION: This License will terminate automatically if you fail to
comply with the limitations described above, including the requirement
to timely pay license fees.  On termination, you must destroy all copies
of the Software and documentation.

MISCELLANEOUS: This Agreement represents the complete agreement
concerning this license between the parties and supersedes all prior
agreements and representations between the parties with respect to the
subject matter of this license.  This Agreement may be amended only by
a writing executed by both parties.  THE ACCEPTANCE OF ANY PURCHASE
ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE
TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to
make it enforceable.  This Agreement shall be governed by and construed
under Georgia substantive law as such applies to agreements between
Georgia residents entered into and performed within Georgia, except as
governed by United States Federal law. You consent to the jurisdiction
of the state and federal courts in the State of Georgia, U.S.A. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation are
provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by or
for the U.S. Government is subject to restrictions set forth in DFARS
252.227-7013 (c)(1)(ii), FAR 52,227-19, and Clause 18-52.227-86(d) of
NASA Supplement to the FAR, as applicable.  Contractor/manufacturer is
Iterated Systems, Inc., 3525 Piedmont Road, Seven Piedmont Center, Suite
600, Atlanta, Georgia, U.S.A. 30305-1530.

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