home *** CD-ROM | disk | FTP | other *** search
- SHAREWARE VERSION: COLOR BOOK
- LIMITED USE SOFTWARE LICENSE AGREEMENT
-
- This Limited Use Software License Agreement (the "Agreement") is a
- legal agreement between you, the end-user, and David Garretson
- the developer. By continuing the installation of this drawing
- program, by loading or running the program, or by placing or
- copying the coloring program onto your computer hard drive,
- you are agreeing to be bound by the terms of this Agreement.
-
- SOFTWARE LICENSE
-
- 1. Grant of License. David Garretson grants to you the limited
- right to use one (1) copy of the enclosed or foregoing coloring program
- (the "Software"), which is the shareware version of the program.
- For purposes of this section, "use" means loading the Software into
- RAM, as well as installation on a hard disk or other storage device.
- You agree that the Software will not be shipped, transferred or
- exported into any country in violation of the U.S. Export
- Administration Act (or any other law governing such matters) and
- that you will not utilize, in any other manner, the Software in
- violation of any applicable law.
-
- 2. Commercial Use- With the exception of the the provisions listed
- under the section entitled "Commericial Distribution" the following
- provisions apply:
-
- Under no circumstances shall you, the end-user, be permitted,
- allowed or authorized to commercially exploit the Software, or any
- portion thereof, such as a screen display or a screenshot. Neither
- you nor anyone at your direction shall do any of the following acts:
-
- a. Rent the Software;
-
- b. Sell the Software;
-
- c. Lease or lend the Software;
-
- d. Offer the Software on a pay-per-play basis;
-
- e. Distribute the Software for money or any other
- consideration; or
-
- f. In any other manner and through any medium
- whatsoever commercially exploit the Software or use
- the Software for any commercial purpose.
-
-
- 3. Additional Prohibited Uses. Neither you, nor anyone at your
- direction, shall take the following action in regard to the
- Software, or any portion thereof, such as a screen display or
- a screenshot:
-
- a. Modify, disassemble, reverse engineer or decompile
- the Software;
-
- b. Translate the Software;
-
- c. Reproduce the Software;
-
- d. Prepare derivative works based upon the Software.
-
- 4. Use of Other Material is Prohibited. Use, in any manner, of
- the Color Book logo, icons, symbols, art work, images, screen displays
- or screenshots, and other such material contained within, generated
- by or relating to the Software is prohibited, with the following
- exceptions:
-
- a) Registered users of the Color Book Program may keep
- copies of "colored" pictures contained within the program
- on a hard disk or other simular storage device(s)
- for your own personal in-home use.
-
- b) Registered users may print copies of the art work
- contained within this program in either "colored" or
- "uncolored" format for their own personal use within
- the home.
-
- c) Educational institutions such as public and private
- schools, day-care facilities and pre-schools who register
- the program may use any of the art work contained within
- when printed from within the program in "colored" or
- "uncolored" format as long as such use does not violate
- any other provision within this agreement.
-
- 5. Restrictions Apply to Third Parties. The prohibitions and
- restrictions described herein apply to anyone in possession of
- the Software.
-
- 6. Permitted Distribution:
-
- Commercial Distribution- Commercial Distribution is PROHIBITED
- with the following exception:
-
- If your primary business is to distribute shareware products
- via CD ROM's or on diskettes and YOU HAVE RECIEVED THIS SHAREWARE
- PRODUCT DIRECTLY FROM DAVID GARRETSON, David Garretson hereby grants
- you the right to distribute the product. Such distribution must
- include this Agreement and any other documentation that David Garretson
- provides to you.
-
- Non-Commercial Distribution-So long as this Agreement
- accompanies the Software at all times, David Garretson grants to
- Providers the limited right to distribute, free of charge, except
- normal access fees, and by electronic means only, the Software;
- provided, however, the Software must be so electronically distributed
- only in a compressed format within the setup programs provided. The
- term "Providers," as used in the foregoing sentence, shall mean persons
- whose business it is to provide services on the Internet, on
- commercial online networks, on a BBS. Anyone who receives the
- Software from a Provider shall be limited to all the terms and
- conditions of this Agreement. Further, David Garretson grants to you,
- the end-user, the limited right to distribute, free of charge only,
- the Software as a whole.
-
- 7. Copyright. The Software is owned by David Garretson and is
- protected by United States copyright laws and international treaty
- provisions. You must treat the Software like any other copyrighted
- material, except that you may make copies of the Software to give to
- other persons. Unless you meet the requirements listed under the
- commercial distribution clause above, you may not charge or receive any
- consideration from any other person for the receipt or use of the
- Software. You agree to use your best efforts to see that any user of
- the Software licensed hereunder complies with this Agreement.
-
- 8. Limited Warranty. David Garretson warrants that if properly
- installed and operated on a computer for which it is designed, the
- Software will perform substantially in accordance with its designed
- purpose for a period of ninety (90) days from the date the Software
- is first obtained by an end-user. David Garretson's entire liability
- and your exclusive remedy shall be, at David Garretson's option,
- either (a) return of the retail price paid, if any, or (b) repair
- or replacement of the Software that does not meet David Garretson's
- Limited Warranty. To make a warranty claim, return the Software to
- the point of purchase, accompanied by proof of purchase, your name,
- your address, and a statement of defect, or return the Software with
- the above information to:
-
- David Garretson
- 124 Columbia Ave.
- Brunswick, ME 04011
-
- This Limited Warranty is void if failure of the Software
- has resulted in whole or in part from accident, abuse, misapplication
- or violation of this Agreement. Any replacement Software will be
- warranted for the remainder of the original warranty period or thirty
- (30) days, whichever is longer. This warranty allocates risks of
- product failure between Licensee and David Garretson.
- David Garretson's product pricing reflects this allocation of risk
- and the limitations of liability contained in this warranty.
-
- 9. NO OTHER WARRANTIES. DAVID GARRETSON DISCLAIMS ALL OTHER
- WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
- IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
- PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING
- WRITTEN MATERIALS, IF ANY. THIS LIMITED WARRANTY GIVES YOU
- SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM
- JURISDICTION TO JURISDICTION. DAVID GARRETSON DOES NOT WARRANT
- THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR
- FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET
- FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER
- ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND
- DEALERS OF DAVID GARRETSON ARE NOT AUTHORIZED TO MAKE
- MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES
- ON BEHALF OF DAVID GARRETSON. ADDITIONAL STATEMENTS SUCH AS
- DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN,
- DO NOT CONSTITUTE WARRANTIES BY DAVID GARRETSON AND SHOULD
- NOT BE RELIED UPON.
-
- 10. Exclusive Remedies. You agree that your exclusive remedy
- against David Garretson, his affiliates, contractors, suppliers,
- and agents for loss or damage caused by any defect or failure in
- the Software regardless of the form of action, whether in contract,
- tort, including negligence, strict liability or otherwise, shall
- be the return of the retail purchase price paid, if any, or
- replacement of the Software. This Agreement shall be construed in
- accordance with and governed by the laws of the State of Maine.
- Copyright and other proprietary matters will be governed by
- United States laws and international treaties. IN ANY CASE, DAVID
- GARRETSON SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS,
- LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
- OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY,
- BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY
- EVEN IF DAVID GARRETSON OR HIS AGENT HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
- BY ANY OTHER PARTY. Some jurisdictions do not allow the
- exclusion or limitation of incidental or consequential damages,
- so the above limitation or exclusion may not apply to you.
-
- 11. General Provisions. Neither this Agreement nor any part or
- portion hereof shall be assigned or sublicensed, except as described
- herein. Should any provision of this Agreement be held to be void,
- invalid, unenforceable or illegal by a court, the validity and
- enforceability of the other provisions shall not be affected thereby.
- if any provision is determined to be unenforceable, you agree to a
- modification of such provision to provide for enforcement of the
- provision's intent, to the extent permitted by applicable law. Failure
- of a party to enforce any provision of this Agreement shall not
- constitute or be construed as a waiver of such provision or of the
- right to enforce such provision. If you fail to comply with any terms
- of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
-
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU
- UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING
- THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE
- SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR
- COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S
- TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR
- WRITTEN SEPARATE AGREEMENTS BETWEEN DAVID GARRETSON AND
- YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT
- OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT
- SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR
- UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN DAVID
- GARRETSON AND YOU RELATING TO THE SUBJECT MATTER OF
- THIS AGREEMENT.
-
- December 15, 1996
-
- SHAREWARE VERSION: COLOR BOOK LIMITED USE SOFTWARE LICENSE AGREEMENT
-
-