home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Smithsonian's America
/
Smithsonian's America.iso
/
mac
/
License
< prev
next >
Wrap
Text File
|
1994-11-01
|
9KB
|
173 lines
CREATIVE MULTIMEDIA SOFTWARE LICENSE
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING
THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE
TO THE PLACE WHERE YOU OBTAINED IT AND YOUR
MONEY WILL BE RETURNED.
1. License. The application, demonstration, system and other
software accompanying this License, whether on disk, in read only
memory, or on any other media (the "Software") and related
documentation are licensed to you by Creative Multimedia. You own
the disk on which the Software is recorded but Creative Multimedia
and/or Creative Multimedia's Licensers retain title to the Software
and related documentation. This License allows you to use the
Software on a single computer. You may also transfer all your
license rights in the Software, the backup copy of the Software, the
related documentation and a copy of this License to another party,
provided the other party reads and agrees to accept the terms and
conditions of this License.
2. Restrictions. The Software contains copyrighted material, trade
secrets and other proprietary material and in order to protect them
you may not decompile, reverse engineer, disassemble or otherwise
reduce the Software to a human-perceivable form. You may not
modify, network, rent, lease, loan, distribute or create derivative
works based upon the Software in whole or in part. You may not
electronically transmit the Software from one computer to another
or over a network.
3. Termination. This License is effective until terminated. You may
terminate this License at any time by destroying the Software and
related documentation and all copies thereof. This license will
terminate immediately without notice from Creative Multimedia if
you fail to comply with the provision of this License. Upon
termination you must destroy the Software and related
documentation and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the
Software, nor any other technical data received from Creative
Multimedia, nor the direct product thereof, will be exported outside
the United States except as authorized and as permitted by the laws
and regulations of the United States.
5. Government End Users. If you are acquiring the Software on
behalf of any unit or agency of the United States Government, the
following provisions apply. The Government agrees: (I) if the
Software is supplied to the Department of Defense (DoD), the
Software is classified as "Commercial Computer Software" and the
Government is acquiring only "restricted rights" in the Software and
its documentation as that term is defined in Clause 252.237-
7013(c)(I) of the DFARS; and (II) if the Software is supplied to any
unit or agency of the United Sates Government other than DoD, the
Government's rights in the Software and its documentation will be
as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of
NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the
FAR.
6. Limited Warranty on Media. Creative Multimedia warrants the
disks 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. Creative Multimedia will have no responsibility to replace a
disk damaged by accident, abuse or misrepresentation. ANY
IMPLIED WARRANTIES ON THE DISCS, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90)
DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION.
7. Disclaimer of Warranty on Software. You expressly acknowledge
and agree that use of the Software is at your sole risk. The
Software and related documentation are provided "AS IS" and
without warranty of any kind and Creative Multimedia and Creative
Multimedia's Licenser(s) (for the purposes of provisions 7 and 8,
Creative Multimedia and Creative Multimedia's Licenser(s) shall be
collectively referred to as "Creative Multimedia") EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. CREATIVE MULTIMEDIA
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-
FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
FURTHERMORE, CREATIVE MULTIMEDIA DOES 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. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY CREATIVE MULTIMEDIA OR A CREATIVE MULTIMEDIA
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE
SOFTWARE BE DEFECTIVE, YOU (AND NOT CREATIVE MULTIMEDIA OR
A CREATIVE MULTIMEDIA AUTHORIZED REPRESENTATIVE) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
8. Limitations of Liability. UNDER NO CIRCUMSTANCES INCLUDING
NEGLIGENCE, SHALL CREATIVE MULTIMEDIA BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OR INABILITY TO USE THE
SOFTWARE OR RELATED DOCUMENTATION, EVEN IF
CREATIVE MULTIMEDIA OR A CREATIVE MULTIMEDIA
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU..
In no event shall Creative Multimedia's total liability to you for all
damages, losses and causes of action (whether in contract, tort
(including negligence or otherwise)) exceed the amount paid by you
for the Software.
9. Controlling Law and Severability. This License shall be governed
by and construed in accordance with the laws of the United States
and the State of Oregon as applied to agreements entered into and to
be performed entirely within Oregon and between Oregon residents.
If for any reason a court of competent jurisdiction finds any
provision of this License, or portion thereof, to be unenforceable,
that provision of the License shall be enforced to the maximum
extent permissible so as to effect the intent of the parties and the
remainder of this License shall continue in full force and effect.
10. Complete Agreement. This License constitutes the entire
agreement between the parties with respect to the use of the
Software and related documentation, and supersedes all prior or
contemporaneous understandings or agreements, written or oral,
regarding such subject matter. No amendment to or modification of
this License will be binding unless in writing and signed by a duly
authorized representative of Creative Multimedia.
Warranty Disclaimer:
CREATIVE MULTIMEDIA'S LICENSER(S) MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
PARTICULAR PURPOSE, REGARDING THE SOFTWARE. CREATIVE
MULTIMEDIA'S LICENSER(S) DOES NOT WARRANT, GUARANTEE OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS OR
OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE
EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME
JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
Disclaimer of Liability:
IN NO EVENT WILL CREATIVE MULTIMEDIA'S LICENSER(S) AND
THEIR DIRECTORS, OFFICERS, EMPLOYERS OR AGENTS (COLLECTIVELY
CREATIVE MULTIMEDIA'S LICENSER(S)) BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CREATIVE
MULTIMEDIA'S LICENSER HAS BEEN ADVISED OF THE POSSIBILITY
SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. Creative Multimedia's Licensers' liability to you for
actual damages from any cause whatsoever, and regardless of the
form of action (whether in contract, tort (including negligence),
product liability or otherwise), will be limited to $50.
Copyrights
Portions Copyright 1994, Creative Multimedia and others.
Macromind Director®, version 3.1.3, Copyright 1992, Macromedia,
Inc. QuickTime, Copyright 1992, 1993, 1994, Apple Computer, Inc.
QuickTime and the QuickTime logo are trademarks of Apple
Computer, Inc. used under license
All Rights Reserved. Made in U.S.A.