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- SOFTWARE END USER LICENSE AGREEMENT
-
- THIS SOFTWARE END USER LICENSE AGREEMENT ("License Agreement") IS A LEGAL AGREEMENT
- BETWEEN YOU AND VIVA MEDIA LLC. PLEASE READ IT CAREFULLY BEFORE USING THE SOFTWARE.
- IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION,
- RESTRICTIONS AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THIS SOFTWARE, YOU
- ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY
- THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN
- UNINSTALL THE SOFTWARE FROM YOUR COMPUTER AND RETURN IT TO THE STORE YOU BOUGHT
- IT FOR A FULL REFUND.
-
- 1. The Licensed Material
- This License Agreement governs the use of the printed manual ("Manual") and the following material (together the
- "Proprietary Material"):
- a) the data on the enclosed CD-ROM including without limitation text, photographs, illustrations, videos and
- animations, (the "Data");
- b) the software on the enclosed CD-ROM (the "Routines");
- c) updates to the Routines issued by the Owners and installed by you from time to time (the "Updates");
- d) the CD-ROM disc on which the Data, Routines and Updates are physically embodied (the "CD-ROM Disc").
-
- 2. Restrictions
- All Proprietary Material on the enclosed CD-ROM and in the Manual is copyright Maris Technologies Ltd. and its
- licensors (the "Owners"), and is distributed in the US by Viva Media LLC (the "Distributor") by arrangement with
- United Soft Media Verlag GmbH, Germany. It must not be used, displayed, modified, adapted, distributed, transmitted,
- copied, transferred, rented, printed off or published or otherwise reproduced in any form by any means other than
- strictly in accordance with the terms set out below:
-
- 3. Use of the Proprietary Material
- a) Without prejudice to any statutory rights so to do, you must not alter any of the Data, Routines or Updates.
- b) You may copy the Data, Routines and Updates to the hard disc of your computer and retain the CD-ROM Disc as a
- back-up copy. Such a copy will be covered by the terms of this License. Copies for any other purposes may not be
- made and the Manual must not be copied.
- c) All the copyright and other intellectual property rights in the Proprietary Material are and will remain the property
- of the Owners.
- d) Recognizing the damage to the Owners' and the Distributors' business which would result from unauthorized use of
- the Proprietary Material, you will make every effort to keep the Proprietary Material and any copy of the CD-ROM
- Disc retained for back-up purposes secure both during the continuance of this License and after its termination.
-
- 4. Termination
- You may terminate this License at any time by destroying the Proprietary Material. The License will also terminate if
- you breach any of the terms of this License.
-
- 5. Warranty and Limitation of Liability
- a) The Distributor warrant the media (CD-ROM) to be free from material physical defects for a period of 6 month
- after the date of purchase. If such a defect is found, return the media (CD-ROM) along with the dated proof of purchase
- to the Distributor for replacement. This warranty is not applicable to normal wear and tear, and shall be void if the
- defect in the product is found to be as a result of abuse, unreasonable use, mistreatment or neglect of the product.
- b) Except as provided above, the Software is provided "as is" without any express or implied warranty of any kind
- including warranties of merchantability or fitness for a particular purpose. The Owners and the Distributor accept no
- responsibility for any mathematical or technical limitations of the Data, Routines and Updates. They do not warrant that
- the Data or the operation of the Routines and Updates will be uninterrupted or free from errors, and that the CD-ROM
- Disc and / or the Data, Routines and Updates will be suitable for networking via the Server.
- c) Neither the Owners nor the Distributor shall be liable to you or any third party direct, indirect, special, incidental,
- punitive, cover or consequential damages (including but not limited to, damages for the inability to use equipment or
- access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or the inability to
- use, the Software and based on any theory of liability including breach of contract.
- d) The foregoing limitations on liability are intended to apply to all aspects of this License Agreement.
- e) Some states do not allow limitations on certain warranties and/or limitations of incidental or consequential
- damages, so the foregoing limitations and/or exclusions of liability may not apply to you. You may also have other
- rights that vary from state to state.
-
- 6. Governing Law
- a) This License Agreement is construed under and shall be governed by the laws of the State of New York.
- b) If for any reason a court of competent jurisdiction finds any provision of this License Agreement or portion thereof
- to be unenforceable, the remainder of this License Agreement shall continue in full force and effect. The unenforceable
- provision shall be replaced by an enforceable provision of the content as close as possible to the intent of the
- unenforceable provision.
-
-