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EULA.txt
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1997-09-01
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END-USER LICENSE AGREEMENT FOR CAVIAR CONVERTER
August 1997
IMPORTANT - READ CAREFULLY: This AnimaTek End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and AnimaTek Int'l, Inc. for
Caviar Converter software, which includes computer software and may include associated
media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By
installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the
terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the
SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not
sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
╖ Applications Software. You may install and use one copy of the SOFTWARE PRODUCT, or
any prior version for the same operating system, on a single computer.
╖ Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on
a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT
on your other computers over an internal network; however, you must acquire and dedicate a
license for each separate computer on which the SOFTWARE PRODUCT is installed or run from
the storage device. A license for the SOFTWARE PRODUCT may not be shared or used
concurrently on different computers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
╖ Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
╖ Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than one computer.
╖ Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
╖ Support Services. AnimaTek may provide you with support services related to the
SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by AnimaTek
policies and programs described in the user manual, in "online" documentation, and/or in
other AnimaTek-provided materials. Any supplemental software code provided to you as part of
the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the
terms and conditions of this EULA. With respect to technical information you provide to
AnimaTek as part of the Support Services, AnimaTek may use such information for its business
purposes, including for product support and development. AnimaTek will not utilize such
technical information in a form that personally identifies you.
╖ Termination. Without prejudice to any other rights, AnimaTek may terminate this EULA
if you fail to comply with the terms and conditions of this EULA. In such event, you must
destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a
product identified by AnimaTek as being eligible for the upgrade in order to use the
SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the
product that formed the basis for your eligibility for the upgrade. You may use the
resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE
PRODUCT is an upgrade of a component of a package of software programs that you licensed as
a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that
single product package and may not be separated for use on more than one computer.
4. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any
images, photographs, animations, video, audio, music, text, and "applets" incorporated into
the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE
PRODUCT, are owned by AnimaTek . The SOFTWARE PRODUCT is protected by copyright laws and
international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any
other copyrighted material except that you may install the SOFTWARE PRODUCT on a single
computer provided you keep the original solely for backup or archival purposes. You may not
copy the printed materials accompanying the SOFTWARE PRODUCT.
Should you have any questions concerning this EULA, or if you desire to contact AnimaTek for
any reason, please contact the AnimaTek subsidiary serving your country, or write: AnimaTek
Int'l, Inc. 77 Geary Street, Suite 500, San Francisco CA 94108 USA
5. LIMITED WARRANTY.
AnimaTek warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance
with the accompanying written materials for a period of thirty (30) days from the date of
receipt, and (b) any Support Services provided by AnimaTek shall be substantially as
described in applicable written materials provided to you by AnimaTek, and AnimaTek support
engineers will make commercially reasonable efforts to solve any problem issues. Some states
and jurisdictions do not allow limitations on duration of an implied warranty, so the above
limitation may not apply to you. To the extent allowed by applicable law, implied warranties
on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days.
6. CUSTOMER REMEDIES.
AnimaTek's and its suppliers' entire liability and your exclusive remedy shall be, at
AnimaTek's option, either (a) return of the price paid, if any, or (b) repair or replacement
of the SOFTWARE PRODUCT that does not meet AnimaTek's Limited Warranty and which is returned
to AnimaTek with a copy of your receipt. This Limited Warranty is void if failure of the
SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor
any product support services offered by AnimaTek are available without proof of purchase
from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANIMATEK AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, 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, AND
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ANIMATEK OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ANIMATEK HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANIMATEK'S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU
FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN
ANIMATEK SUPPORT SERVICES AGREEMENT, ANIMATEK'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES
SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.