FORMAN INTERACTIVE CORP. INTERNET CREATOR (for WebContent creation)
IMPORTANT--READ CAREFULLY BEFORE OPENING SOFTWARE PACKET(S). By opening the sealed packet(s) containing the software, you indicate your acceptance of the following Forman Interactive Corp
Software License Agreement.
A. SINGLE-USER PRODUCTS
This is a legal agreement between you (either an individual or an entity) and Forman Interactive Corp. Bu opening the sealed software packages and/or by using the SOFTWARE you agree to be bound by the terms of this
Agreement. If you do not agree to the terms of this Agreement, promptly return the unopened software packet(s) and the accompanying items (including printed materials and binders or other containers) to the place from
which you obtained them for a full refund.
B. FORMAN INTERACTIVE CORP SOFTWARE LICENSE
1. GRANT OF LICENSE. This License Agreement ("License") permits you to use one copy of the specified version of the Forman Interactive Corp. software product identified above,
which may include "on-line" or electronic documentation (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary
memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer except that a copy installed on a network server for the
sole purpose of distribution to other computers is not "in use." Additionally, this SOFTWARE is for use with on-line services (electronic publishing services) provided by Forman
Interactive Corp. Transference of this data generated and/or formatted by this Software to third party hardware is expressly prohibited. The formatting of the data that is
generated using this software shall remain the property of Forman Interactive Corp. Please see the terms and conditions of Forman Interactive Corp WebSpace and WebSpace
services listed herein.
2. UPGRADES. If the SOFTWARE is an upgrade you may use or transfer the SOFTWARE only in conjunction with the prior version(s) of the SOFTWARE.
3. COPYRIGHT. The SOFTWARE (including any images, "applets", photographs, animations, video, audio, music, and text incorporated into the SOFTWARE) is owned by Forman
Interactive Corp. or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other
copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the
SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
4. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you
retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an upgrade, any transfer must include the most recent upgrade and all prior
versions. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only the medium
appropriate for your single-user computer. You may not use the other medium on another computer or loan, rent, lease, or transfer the disks to another user except as part of the
permanent transfer (as provided above) of all SOFTWARE and printed materials, nor print copies of any user documentation provided in "on-line" or electronic form.
C. LIMITED WARRANTY
1. LIMITED WARRANTY. Forman Interactive Corp. warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of
ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration
of an implied warranty, so the above limitation may not apply to you.
2. CUSTOMER REMEDIES. Forman Interactive Corp. and its suppliers' entire liability and your exclusive remedy shall be, at Forman Interactive Corp.'s option, either (a) return of the
price paid, or (b) repair or replacement of the SOFTWARE that does not meet Forman Interactive Corp.'s Limited Warranty and which is returned to Forman Interactive Corp. with a
copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be
warranted for the remainder or 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 Forman Interactive Corp. are available without proof of purchase from an authorized non-U.S. source.
3. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Forman Interactive Corp. and its suppliers disclaim all other warranties, either express or implied,
including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE and the accompanying printed materials.
This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
4. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Forman Interactive Corp. or its suppliers be liable for any
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 this Forman Interactive Corp. product, even if Forman Interactive Corp. has been advised of the possibility of such damages. Because some
states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
D. U.S. GOVERNMENT RESTRICTED RIGHTS
1. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) and (2) of the Commercial Computer
Software--Restricted Rights at 49 CFR 52.227-19, as applicable. Manufacturer is Forman Interactive Corp./201 Water Street/Brooklyn, NY 11201.
2. If you acquired this product in the United States, this Agreement is governed by the laws of the State of New York.
3. If you acquired this product in Canada, this Agreement is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction
of the courts of the Providence of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province
of Ontario.
4. If this product was acquired outside the United States, then local law may apply.
E. Should you have any questions concerning this Agreement, or if you desire to contact Forman Interactive Corp., for any reason, please contact the Forman Interactive Corp. subsidiary serving
your country, or write Forman Interactive Corp., 201 Water Street, Brooklyn, NY 11201-1174. Telephone (718)-522-2260. Fax: (718)-596-3959
