ASYMETRIX MULTIMEDIA TOOLS - TOOLBOOK FAMILY SOFTWARE LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE YOU OBTAINED IT FOR A FULL REFUND.
LICENSE. Under this license you may (i) use the enclosed Asymetrix software program ("Software") on only a single computer at any one time; and copy the Software for archival purposes, or copy the Software to a single hard disk provided you retain the original for archival purposes and provided that copyright and other restricted rights notices are also reproduced. The Software is "in use" when it is loaded into RAM, or installed on a hard disk or other storage device (other than a network file server). You may not (i) install the Software on a network file server unless you have a Network Distribution or Concurrent Use Site License from Asymetrix; (ii) copy the written materials accompanying the Software; (iii) use, copy, modify, translate, or merge the Software except as provided in this agreement; (iv) reverse-engineer, disassemble, or decompile the Software or otherwise attempt to determine its underlying source code or permit any such actions except and to the extent expressly permitted by the application of local copyright law whose exclusion is precluded; or (v) sublicense (except to the extent specifically permitted herein), rent or lease all or any portion of the Software, but you may transfer the Software and manuals to a single recipient on a permanent basis provided you retain no copies, the transfer includes all updates and prior versions of the Software licensed to you and the recipient agrees to the terms of this agreement.
COPYRIGHT. The Software is owned by Asymetrix or its suppliers and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material.
REDISTRIBUTION. If the Software is ToolBook, Multimedia ToolBook, Multimedia ToolBook - CBT Edition, or ToolBook Database Connection, then tThe Software includes one or more of the following classifications of Redistributable Files, as defined in text the file named FILELIST.WRI or in the documentation: Required Runtime Files, Linked Runtime Files, Optional Runtime Files and Clip Files. To the extent provided below in this section, this license gives you (but not licensees of your Software Product) a limited right to copy and distribute Runtime Filesand to modify, copy and distribute Clip Files, on condition that you:
(i) copy and/or distribute the Optional Runtime Files, Linked Runtime Files and modified Clip Files only in compiled, executable form and only in conjunction with, linked to, and as a part of your software products designed to operate in an Asymetrix ToolBook or Asymetrix Multimedia ToolBook environment ("Software Product")--you may distribute the Required Runtime Files separately from your Software Product;
(ii) prominently display the following notice on the splash screen, exit screen or in the about box of your Software Product: "This Product Was Created With Asymetrix [name of Software]."
(iii) include the following notice on the copyright screen of your Software Product and where ever your copyright notice appears in the documentation and packaging for your Software Product: "Portions ⌐ 1990-1995 Asymetrix Corporation. All Rights Reserved.";
(iv) do not remove any copyright notices from the Redistributable Files;
(v) distribute your Software Product only pursuant to a license agreement that prohibits any use prohibited by this license (including subsequent redistribution of Redistributable Files by licensees of your Software Product), and that contains provisions that disclaim your liability for consequential and incidental damages and that provides that such provisions expressly inure to the benefit of your suppliers;
(vi) if any Redistributable Files other than Required Runtime Files and related system books (files designated *.SBK) are included in your Software Application, you must ensure that your software product will not be provided to, used on, or accessed through a public computer bulletin board or shareware distribution process without the prior permission of Asymetrix;
(vii) unless you have received the prior permission of Asymetrix, ensure that your Software Product (a) cannot be used to create new applications designed to operate in an Asymetrix ToolBook or Asymetrix Multimedia ToolBook environment, (b) does not provide the ability to create scripts or to copy predefined scripts to new objects and (c) does not provide the ability to define or redefine hyperlinks and, if INTERSOLV files are used, that your Software Product does not provide the same functionality as or compete with INTERSOLV's software products;
(viiiviii) do not use or permit the use of any Clip Files in a library of clip files;
(iix) indemnify and hold harmless Asymetrix and its suppliers from and against any damages or liabilities, including attorneys' or other legal fees, that arise or result from claims or lawsuits regarding the use or distribution of your Software Product;
(x) include Asymetrix's restricted government rights notices prominently on your Software Product and license agreement; AND
(xi) comply fully with the terms and conditions of this license.
If the Software is Asymetrix 3D F/X or Asymetrix Digital Video Producer, then you have a limited right to copy and may redistribute the Microsoft Video for Windows 1.1 Runtime in conjunction with .AVI files you created using the Software, but only on the condition that you:
(i) comply fully with all of Microsoft's terms and conditions set forth in the Video for Window's 1.1 Release Notes which are available from Microsoft; AND
(ii) comply with clauses, (ix) and (xi) in the above paragraph.
LIMITED WARRANTY. Asymetrix warrants that, for 90 days after date of delivery of the Software to you, the disks or CD-ROM will be free from defects in materials and workmanship. Your exclusive remedy for breach of warranty is to return the complete product, with your receipt, to your dealer and it will be replaced for free. You are responsible for the selection of the Software and for the installation of, use of, and verification of results obtained from, the Software. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASYMETRIX AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE OPERATION OF THE PRODUCTS WILL BE INTERRUPTION OR ERROR FREE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED "AS-IS." ALL WARRANTIES AND CONDITIONS SHALL TERMINATE 90 DAYS FROM DATE OF DELIVERY OF THE SOFTWARE TO THE ORIGINAL LICENSEE. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. IMPORTANT NOTE: Nothing in this agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this agreement or the Software, and which by virtue of any national or state Fair Trading, Trade Practices or other consumer legislation may not be modified or excluded. If permitted by such legislation, however, Asymetrix's liability for any breach of any such warranty or condition shall be and is hereby limited to either: (i) the supply of such Software again or; (ii) the correction of any defect in such Software as Asymetrix at its sole discretion may determine to be necessary to correct the defect.
EXCLUSIVE REMEDY. EXCEPT AS OTHERWISE PROVIDED HEREIN, YOUR EXCLUSIVE REMEDY AND ASYMETRIX'S AND ITS SUPPLIERS' ENTIRE LIABILITY ARISING FROM OR IN CONNECTION WITH THE SOFTWARE, MANUALS AND/OR THIS LICENSE (INCLUDING WITHOUT LIMITATION FOR BREACH OF WARRANTY, CONDITION, OR NON-INFRINGEMENT) SHALL BE THE REPLACEMENT OF THE SOFTWARE.
LIMITATIONS OF LIABILITY. IN NO EVENT WILL ASYMETRIX OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SOFTWARE OR MANUAL, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, THE MANUALS, AND/OR THIS LICENSE EVEN IF ASYMETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow limitation or exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you to the extent that liability is by law incapable of exclusion or restriction. IN NO EVENT SHALL ASYMETRIX'S OR ITS SUPPLIERS' TOTAL LIABILITY FOR ANY DAMAGES, DIRECT OR INDIRECT, IN CONNECTION WITH THE SOFTWARE, THE MANUALS, AND/OR THIS LICENSE EXCEED THE LICENSE FEES PAID FOR YOUR RIGHT TO USE THIS COPY OF THE SOFTWARE WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT OR OTHERWISE. Allocation of Risk. Provisions of this agreement such as the warranty limitations, exclusive remedies and limitations of liability are unrelated, independent allocations of risks between you and Asymetrix. Unenforceability of any such allocations shall not affect the enforceability of other such allocations. If any part of this agreement is held to be unenforceable, it shall not affect any other part. If any part of this agreement is held to be unenforceable as written, it shall be enforced to the maximum extent allowed by applicable law. Asymetrix's pricing reflects the allocations of risk contained in this agreement.
GENERAL. You agree not to directly or indirectly export or re-export the Software or the direct product thereof except as authorized by the laws and regulations of the United States and any other applicable jurisdiction. This license and your right to use the Software terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the Software or return them to Asymetrix. This agreement constitutes the entire agreement between you and Asymetrix and supersedes any prior agreement concerning the contents of this package. It shall not be modified except by written agreement dated subsequent to the date of this agreement signed by an authorized Asymetrix representative. Asymetrix is not bound by any provision of any purchase order, confirmation, correspondence or otherwise, unless Asymetrix specifically agrees to the provision in writing. This agreement is governed by the internal laws of the State of Washington, U.S.A., and specifically excludes the United Nations Convention on Contracts for the International Sale of Goods.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and written materials accompanying the Software 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) of the Commercial Computer Software-Restricted Rights 48 CFR 52.227-19, as applicable. Manufacturer is Asymetrix Corporation, 110 - 110th Avenue N.E., Suite 700, Bellevue, Washington, U.S.A. 98004.
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