home *** CD-ROM | disk | FTP | other *** search
- BY CLICKING ON THE 'YES' BUTTON BELOW, YOU ACCEPT ALL THE TERMS AND
- CONDITIONS OF THIS AGREEMENT.
-
- 1. Definitions
- (a) "Deneba" means Deneba Systems, Inc., a Florida Corporation d/b/a Deneba
- Software.
- (b) "Software" means the software programs included in this package.
- (c) "Fonts" means all font software included in this package.
- (d) "Clip Art" means all art, templates, and photos included in this package.
- (e) "Product" means all Software, Fonts, Clip Art, manuals and other related
- documentation included in this package as well as all future related updates
- supplied by Deneba.
-
- 2. License - Deneba grants to you and you hereby accept a license to use the Product
- and all related materials delivered with this AGREEMENT as follows:
- (a) The Software and Clip Art may be installed in one computer and may be used by
- more than one person on that computer; however, in no event shall two or more
- persons use the Software and Clip Art at the same time. This restriction applies
- regardless of how many operating platform versions (e.g. Macintosh and
- Windows), language versions (e.g. English, German) or media copies
- (e.g. diskette or CD-ROM) may be included in this Product.
- (b) You may make one copy of the Software, Clip Art and Fonts in machine-readable
- form for archival backup purposes only. As an express condition of this allowance
- you must reproduce on each backup copy any copyright notice or other proprietary
- notice that is on the original copy supplied by Deneba.
- (c) You may transfer the entire Product and all rights granted herein on a permanent
- basis provided you retain no copies, the recipient agrees to the terms of this
- Agreement, and you notify Deneba in writing of the transfer of ownership.
- (d) You may use the Fonts on a single computer and printer. A printer includes any
- output device such as, but not limited to, dot matrix, ink jet or laser printers, film
- recorders and image-setters. When using an outside service bureau, one copy of
- the Fonts may accompany the document in which the Fonts have been used. You
- must remove this copy from the service bureau's storage media upon completion
- of the service.
- (e) You have the right to use, modify, and include Clip Art as illustrative or decorative
- material that is included as part of a total original graphic of your own design for
- use in print, film or computer media communications.
-
- 3. Restrictions
- (a) You may not make or distribute copies of the Product. You should be aware that it
- is unlawful to copy, reproduce, or transmit any part of the Product in any form or
- by any means (including translation to another language, computer language, or
- format) except as permitted by the Copyright Act of the United States (Title 17,
- United States Code). You are permitted to write the contents of the Software into
- the machine memory of your computer so that the software can be executed.
- (b) You may not install this program on a network server nor lend usage of a copy of
- this software with metering software. These types of usage require a special
- license, unless a copy of this software is owned for each user on that network or
- each computer connected to that network. For information on this expanded
- license usage see section 4, Supplementary Licenses in this agreement.
- (c) In order to protect Deneba trade secrets contained therein which may be revealed
- by such action, you may not reverse engineer, decompile, disassemble or
- otherwise reduce the Software or Fonts to any human readable or perceivable form.
- (d) You may not modify, rent, resell for profit, distribute or create derivative works based
- on the Software or any part thereof.
- (e) You may not resell or otherwise distribute the Clip Art contents, whether by
- themselves or as part of another collection, whether as computer images, printed
- images or any other medium. These restrictions apply to modifications of the
- Clip Art, whether or not they constitute derivative works under U.S. copyright laws,
- as well as to the original Clip Art.
- (f) You agree not to modify, adapt or create derivative works based on the Fonts.
- Unauthorized copying of the Fonts, even if modified, merged, or included with other
- software is expressly forbidden.
- (g) You agree not to export or reexport the Product into any country prohibited by the
- United States Export Administration Act.
-
- 4. Supplementary Licenses - If you wish to enter into a site license, network license or
- concurrent-use license agreement, or for more information on licensing the Fonts
- for additional printers, please contact Deneba.
-
- 5. Termination - Any failure to comply with the terms and conditions of this Agreement
- will result in automatic termination of this license. Upon termination of this license
- for any reason, you agree to destroy all copies of the Product.
-
- 6. Software Updates - Deneba may from time to time, at its own discretion, provide you
- with updates to the manuals and/or Software. Deneba reserves the right to provide
- these updates for a fee. You may refuse to accept the updates. By accepting the
- updates, you agree to destroy all prior copies and versions of the Software and
- manuals (if applicable). Only then will the License granted to you by this
- Agreement transfer to the updated Software.
-
- 7. Ownership - This license gives you limited rights to use the Software, Fonts and Clip
- Art. Although you own the disks and CDs on which these are recorded, you do not
- become owner of the Software, Fonts and Clip Art, to which Deneba and/or its
- licensors retain all title to. All rights not specifically granted herein, including but
- not limited to Federal and International Copyrights, are reserved worldwide by
- Deneba.
-
- 8. Limited Warranty and Disclaimer, Limitation of Remedies and Damages - You hereby
- acknowledge that you are solely responsible for selecting the Product and that the
- Product may not satisfy all your requirements or be free from defects. Deneba
- specifically does not warrant that the Software will operate uninterrupted or error
- free. You therefore agree to license the Product "AS IS." Notwithstanding the
- foregoing, Deneba warrants to you (the original purchaser), that if you discover
- physical defects in the media on which the Software, Fonts and Clip Art is
- recorded, or in the manuals distributed with the Product, Deneba will replace the
- media or manuals at no charge, provided you return the defective items, postage
- prepaid and with proof of purchase, within 90 days of the date of original purchase.
- Your exclusive remedy for breach of warranty will be the replacement of the
- diskettes, CDs or manuals or the refund of the purchase price.
-
- Deneba reserves the right to revise the Product without obligation to notify any
- person of such revision. In no event shall Deneba or its developers, directors,
- officers, employees or affiliates be liable to you for any indirect, special, incidental,
- or consequential damages (including damages for loss of business profits or
- goodwill, business interruption or loss of business information), resulting from any
- defect in the Product whether foreseeable or not, arising out of the use or inability
- to use the Product.
-
- Deneba's liability to you or others for actual damages for any cause whatsoever,
- will in no event exceed the lesser of US$500 or the amount paid by you for the
- Product that caused the damages. In particular, Deneba shall have no liability for
- any data stored in or used with Deneba Products, including the cost of recovering
- such data.
-
- EXCEPT AS SPECIFICALLY STATED HEREIN, DENEBA MAKES NO OTHER
- WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE
- SOFTWARE, MEDIA, CLIP ART, FONTS OR MANUALS INCLUDING (BUT NOT
- LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
- FOR A PARTICULAR PURPOSE. THE WARRANTY AND REMEDIES SET
- FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR
- WRITTEN, EXPRESSED OR IMPLIED. IF APPLICABLE LAW IMPLIES ANY
- WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES
- ARE LIMITED TO (90) NINETY DAYS FROM THE DATE OF DELIVERY.
- No Deneba dealer, agent, or employee is authorized to make any modification,
- extension, or addition to this warranty.
-
- Some states do not allow limitations on how long an implied warranty lasts or the
- exclusion or limitation of implied warranties or liability for incidental or
- consequential damages, so the above limitation or exclusion may not apply to you.
- This warranty gives you specific legal rights and you may also have other rights
- which vary from state to state.
-
- 9. U.S. Government Restricted Rights - This Deneba Product is "Restricted Computer
- Software." 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 at 48
- CFR 52.227-19, as applicable. The manufacturer is Deneba Systems, Inc.,
- 7400 S.W. 87th Avenue, Miami, Florida 33173.
-
- 10. General - This agreement shall be governed by the laws of the State of Florida. This
- document contains the entire agreement between you and Deneba with respect to
- the subject matter hereof and supersedes all prior agreements between you and
- Deneba. All questions concerning this agreement should be sent to: Deneba
- Systems, Inc., Attn. Chief Financial Officer, 7400 S.W. 87th Avenue, Miami,
- Florida 33173.
-
- LICENSES, TRADEMARKS AND COPYRIGHTS
-
- Canvas Software was designed, programmed and is Copyright ⌐ 1985-1998
- Deneba Systems, Inc. All Rights Reserved. Canvas and Deneba are trademarks of
- Deneba Systems, Inc. and may be registered in certain jurisdictions. Contains an
- implementation of the LZW algorithm licensed under U.S. Patent 4,558,302 and foreign
- counterparts. The Proximity/Merriam-Webster Hyphenation System ⌐1990
- Merriam-Webster, ⌐1990 All rights reserved Proximity Technology, Inc. ImageStream(tm)
- Graphics & Presentation Filters Copyright ⌐ 1991-1996 Inso Corporation All Rights
- Reserved. Portions of the graphics filters ⌐ 1996 Access Softek. Trumatch 4-Color
- Selector ⌐ 1996 Trumatch, Inc. Toyo Color Finder and Color Data Copyright ⌐ 1996
- Toyo Ink Mfg. Co., Ltd.
-
- Mac OS, QuickDraw, QuickDraw 3D, QuickTime, TrueType and System 7 are
- trademarks, and Apple, LaserWriter, Macintosh and Power Macintosh are registered
- trademarks of Apple Computer, Inc. Windows, Windows 95, Windows NT are
- trademarks of Microsoft Corp. Adobe, Adobe Illustrator, Adobe Photoshop, and
- PostScript are trademarks of Adobe Systems, Inc. which may be registered in certain
- jurisdictions. QuickHelp is a trademark of Altura Software, Inc. Toyo is a trademark of
- Toyo Ink Manufacturing Co., Ltd. Trumatch is a registered trademark of Trumatch Inc.
- MacPaint is a registered trademark of Claris Corp. Photo CD is a trademark and
- KODAK is a registered trademark of Eastman Kodak Co. PANTONE(r), Computer Video
- simulations used in this product may not match PANTONE-identified solid color
- standards. Use current PANTONE Color Reference Manuals for accurate color.
- *PANTONE Color Computer Graphics ⌐ Pantone, Inc. 1986, 1988. Pantone, Inc. is the
- copyright owner of PANTONE Color Computer Graphics and Software which are licensed
- to DENEBA SOFTWARE to distribute for use only in combination with Canvas.
- PANTONE Color Computer Graphics and Software shall not be copied onto another
- diskette or into memory unless as part of the execution of Canvas. All other brand and
- product names are the property of their respective holders.
-
- FONTS Copyright ⌐ 1992 URW++ GmbH Hamburg, Germany and URW America,
- Nashua, NH. All Rights Reserved.
-
- CLIP ART Copyright ⌐ 1986-1998 Deneba Systems, Inc. Portions licensed from
- Produktum AB, C.A.R. Inc., Artbeats Software, Inc., SuperClip, Inc., ARISEN, Corp.,
- RT Computer Graphics, Inc., Advanced System Design, Inc.
-
- ⌐ Copyright 1998 Deneba Systems, Inc. Deneba is a trademark of
- Deneba Systems, Inc.
-