Please read this document carefully before installing our software. This agreement licenses the software to you. It also contains warranty and liability disclaimers. By selecting the "YES" button, you are accepting the software and agreeing to become bound by the terms of this agreement. If you do not wish to do so, select the "NO" button and delete all files in your possession relating to this product.
1. Definitions
a. "Infinite Pictures software" means the software programs included in this product, and all related updates supplied by Infinite Pictures.
b. "Infinite Pictures product" means the Infinite Pictures software and the supporting documentation, files and multimedia content (such as panorama files) and all related updates supplied by Infinite Pictures.
2. License. This agreement allows you to:
a. Use the Infinite Pictures software on a single computer.
b. Make one copy of Infinity Pictures software in machine readable form solely for backup purposes. On any such copy you must reproduce all copyright notices and any other proprietary legends found in the original copy of the Infinite Pictures software.
c. Certain Infinite Pictures software is licensed with additional rights as set forth in the Supplemental Rights Addendum that may be included elsewhere in this Infinite Pictures product.
3. Supplementary Licenses
Certain rights are not granted under this agreement, but may be available under a separate agreement. If you would like to enter into a Site or Network License, or if you would like to sell files generated by the Infinite Pictures product, please contact support@smoothmove.com or call Infinite Pictures sales department at 1-800-990-2449.
4. Restrictions
You may not make or distribute copies of the Infinite Pictures product, or electronically transfer the Infinite Pictures software from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Infinite Pictures software to a human-perceived form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the Infinite Pictures software or any part thereof. You will not export or reexport, directly or indirectly, the Infinite Pictures product into any country prohibited by the United States Export Administration Act and the regulations thereunder.
5. Ownership
The foregoing license gives you limited rights to use the Infinite Pictures software. Although you own the disk on which the Infinite Pictures software is recorded, you do not become the owner of, and Infinite Pictures retains title to, the Infinite Pictures product, and all copies thereof. All rights not specifically granted in this agreement, including Federal and International Copyrights, are reserved by Infinite Pictures.
6. Limited Warranties
a. Infinite Pictures warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Infinite Pictures software will perform in substantial conformance with the documentation supplied as part of the Infinite Pictures product; and (ii) that the media on which the Infinite Pictures software is furnished will be free from defects in materials and workmanship under normal use.
EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, INFINITE PICTURES DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF APPLICABLE LAW INPLIES ANY WARRANTIES WITH RESPECT TO THE INFINITE PICTURES PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice given by Infinite Pictures, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
b. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
7. Exclusive Remedy
Your exclusive remedy under Section 6 is to return the Infinite Pictures software to the place you acquired it, with a copy of your receipt and a description of the problem. Infinite Pictures will use reasonable commercial efforts to supply you with a replacement copy of the Infinite Pictures software that substantially conforms to the documentation, provide a replacement for the defective media, or refund to you your purchase price for the Infinite Pictures software, at its option. Infinite Pictures shall have no responsibility with respect to Infinite Pictures software that has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the nonconformance arises out of use of the Infinite Pictures software in conjunction with software not supplied by Infinite Pictures.
8. Limitations of Damages
a. INFINITE PICTURES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT, (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INFINITE PICTURES OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
b. Infinite Pictures' total liability to you for actual damages for any cause whatsoever will be limited to the greater of $500 or the amount paid by you for the Infinite Pictures software that caused such damages.
c. SOME STATES 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.
9. Basis of Bargain
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Infinite Pictures and you. Infinite Pictures would not be able to provide the Infinite Pictures software on an economic basis without such limitations.
10. General
This agreement shall be governed by the internal laws of the State of Oregon. This agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this agreement shall be directed to: Infinite Pictures, Inc., 33 Northwest First Avenue, Suite 1, Portland, Oregon 97209, attention: Chief Financial Officer. Smoothmove is a registered trademark of Infinite Pictures, Inc.
Here are the terms under which we are willing to deliver and license the SmoothMove(tm) Panorama software to you. When you hit "Yes", it will mean you agree with these terms:
1) You use it yourself. You don't transfer it to anyone else. You don't sell it. You don't copy it, except as needed to use it and to make reasonable archive and backup copies. You don't build it into a product which you sell outside your own organization or even make multiple copies for that purpose. Or put a panorama you've built up on the Web or give them away, but if you want to sell copies of products designed to run with our software, come on back to us for the API license and we'll get you going. You may feel free to experiment with your own prototypes, though, and to show them to and share them with others in your organization, and even to make multiple copies of them for that purpose, so long as your prototype includes a screen that says "This prototype product uses Infinite Pictures, Inc.'s SmoothMove(tm) Panorama Software. Not licensed for transfer or resale. For further information, contact IPI at 503-221-2449 or info@smoothmove.com. PLEASE NOTE: We'll be happy to sell you licenses to do any of the "don'ts" just listed! Contact us at 503-221-2449 or info@smoothmove.com .
2) You don't reverse compile or reverse engineer it.
3) Disclaimer of Warranties: You accept the software AS IS. We disclaim any and all warranties express or implied, including those of merchantability and fitness for a particular purpose. The software is original with us, and we own all copyrights in it, but we disclaim all other warranties of non infringement. (Note -- we do expect to give limited express warranties on products that we get paid for!)
4) We aren't responsible if something goes wrong, no matter what it is. In fact, you'll hold us harmless and indemnify us from any damage caused by your use of the software.
5) We've tested the product pretty thoroughly, but if you find a bug of some kind, we'd sure like to hear about it. Contact us at 503-221-2449 or info@smoothmove.com and walk us through what you've found, and if you are the first to find a bug, we'll put you on our "master tester" list, which will make you eligible to get early looks at Beta Test versions of future products.
