AIMEE 1996 Spring/AIMEE3.BIN/pc/readme/aplagrmt.txt

Text File | 1995-07-22 | 7.7 KB | 123 lines

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
REFUNDED.

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"), the related documentation and fonts are licensed to
you by Arista Records, Inc. You own the disk on which the Software and fonts
are recorded, but Arista Records, Inc. and/or Arista Records, Inc.'s Licensors
retain title to the Software, related documentation and fonts. This License allows
you to use the Software and fonts on a single Apple computer and make one
copy of the Software and fonts in machine-readable form for backup purposes
only. You must reproduce on such copy the Arista Records, Inc. copyright notice
and any other proprietary legends that were on the original copy of the Software
and fonts. You may also transfer all your license rights in the Software and fonts,
the backup copy of the Software and fonts, 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. In order to protect them, and except as permitted by
applicable legislation, 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, related documentation and fonts
and all copies thereof. This License will terminate immediately without notice
from Arista Records, Inc. if you fail to comply with any provision of this License.
Upon termination you must destroy the Software, related documentation and
fonts and all copies thereof.

4. Export Law Assurances. You agree and certify that neither the Software nor
any other technical data received from Arista Records, Inc., nor the direct product
thereof, will be exported outside the United States except as authorized and as
permitted by the laws and regulations of United States. If the Software has been
rightfully obtained by you outside of the United States, you agree that you will not
re-export the Software nor any other technical data received from Arista Records,
Inc., nor the direct product thereof, except as permitted by the laws and
regulations of the United States and the laws and regulations of the jurisdiction in
which you obtained the Software.

5. Government End Users. If you are acquiring the Software and fonts on behalf
of any unit or agency of the United States Government, the following provisions
apply.  The Government agrees:
  (i) if the Software and fonts are supplied to the Department of Defense (DoD),
the Software and fonts are classified as "Commercial Computer Software" and
the Government is acquiring only "restricted rights" in the Software, its
documentation and fonts as that term is defined in Clause 252.227-7013(c)(1) of
the DFARS; and
  (ii) if the Software and fonts are supplied to any unit or agency of the United
States Government other than DoD, the Government's rights in the Software, its
documentation and fonts 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. Disclaimer of Warranty on Media and Apple Software. You expressly
acknowledge and agree that use of the compact disc and/or diskettes on which
the Software and fonts are recorded and your use of the Software and fonts is at
your sole risk.  The compact disc and/or diskettes and Software, related
documentation and fonts are provided "AS IS" and without warranty of any kind
and Arista Records, Inc. and Arista Records, Inc.'s Licensor(s) (for the purposes
of provision 6 and 7), Arista Records, Inc. and Arista Records, Inc.'s Licensor(s)
shall be collectively referred to as Arista Records, Inc. EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. ARISTA RECORDS, INC. DOES NOT WARRANT
THAT THE COMPACT DISC AND/OR DIKETTES AND THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR
THAT THE OPERATION OF THE COMPACT DISCS AND/OR DISKETTES AND
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE COMPACT DISCS AND/OR DISKETTES AND THE
SOFTWARE AND THE FONTS WILL BE CORRECTED. FURTHERMORE,
ARISTA RECORDS, INC. DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE COMPACT DISCS AND/OR DISKETTES AND THE SOFTWARE AND
FONTS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY ARISTA RECORDS, INC. OR AN ARISTA RECORDS, INC.
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE
COMPACT DISCS AND/OR DISKETTES AND THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT ARISTA RECORDS, INC. OR AN ARISTA
RECORDS, INC. 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.

7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING
NEGLIGENCE, SHALL ARISTA RECORDS, INC. BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OR INABILITY TO USE THE COMPACT DISCS AND/OR
DISKETTES AND THE SOFTWARE OR RELATED DOCUMENTATION, EVEN
IF ARISTA RECORDS, INC. OR AN ARISTA RECORDS, INC. 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 Arista Records, Inc.'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 compact disc
and/or diskettes, Software and fonts.

8. 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
California, as applied to agreements entered into and to be performed entirely
within California between California 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 permissilbe so as to effect the intent of the parties, and the remainder of
this License shall continue in full force and effect.

9. Complete Agreement. This License constitutes the entire agreement between
the parties with respect to the use of the Software, the related documentation and
fonts, 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 Arista Records, Inc.