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- AZTECH NEW MEDIA CORP. LICENSE AGREEMENT
- __________________________________________________________________________
-
- Please carefully read the following license agreement before opening the CD
- container. By opening the CD container you accept the terms of this Agreement.
- If you do not accept the terms of this Agreement, do not open the CD container
- and promptly return the entire package to AZTECH for a full refund. If you
- have opened the CD container before reading the printed license agreement and
- are now reading this Agreement from one of the CD's in the package, and you
- disagree with any of the terms of this Agreement, please immediately replace
- the CD in the container and return it to Aztech along with your original
- invoice or receipt for a full refund. In addition, immediately destroy all
- copies of the package or any of its components.
-
- DEFINITIONS
- ----------------
- The following definitions apply to the terms as they appear in this agreement:
-
- "AZTECH" means AZTECH NEW MEDIA CORP.
-
- "You" and "Your" refer to any person or entity that acquires or uses this
- package.
-
- "Package" means the software, images, data, printed image catalogue of Fashion,
- Advertising and Lifestyles, in whole or in part, and other items accompanying this Agreement.
-
- "Software" means the computer program contained in this package, together with
- all codes, techniques, software tools, formats, designs, concepts, methods,
- and ideas associated with that computer program. The term also includes all
- copies of any part of the software, the optical media and contents, as well as
- the manual(s) and other printed materials contained in this package.
-
- "Image manipulation" means significantly altering, via software, any of the
- supplied digital images such that an image from the package that has been
- "manipulated" is no longer recognizable as having come from an original image
- in this package.
-
- COPYRIGHT/PROPRIETARY PROTECTION
- --------------------------------
- The software is owned and copyrighted by AZTECH and/or its suppliers and is
- protected by United States and International copyright laws as well as
- international trade provisions.
-
- You must treat the software like any other copyrighted material. The software
- involves valuable proprietary rights of AZTECH and others. There is no transfer
- to you of any title to, or ownership of, the software or any patent, copyright,
- trade secret, trade name, trademark, and other proprietary rights related to
- the software, regardless of the form in which the original or other copies
- exist.
-
- You must not violate these rights and you must take appropriate steps to
- protect AZTECH's rights. AZTECH may, at any time, replace, modify, alter,
- improve, enhance, or change the software without notice. Both the 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 and return the original to AZTECH.
-
- PERMITTED USES
- --------------
- AZTECH grants you a single user, non-exclusive license to use the software in
- this package according to the terms as follows. You MAY:
- ∙ Operate the software on only one computer at a time.
- ∙ Use the package for any purpose, whether for video display, print media or
- otherwise and whether for commercial or personal use, provided the primary
- value of the product you are producing, or the service you are providing,
- is not the image(s) itself (themselves). For clarity, you may use the
- package for advertisements, brochures, newsletters, marketing literature,
- company presentations, etc.
- ∙ After written notification to AZTECH, transfer all (but no lesser portion)
- of the package to another person or entity who, in turn, must agree to,
- and be subject to, this Agreement.
-
- PROHIBITED USES
- ---------------
- You may NOT:
- ∙ Copy or distribute copies of the software, documentation or the package
- to others.
- ∙ Copy any portion of the software except for image manipulation as described
- above under Permitted Uses.
- ∙ Modify the software or merge it with another program.
- ∙ Translate or create derivative works based on the software, except for
- image manipulation.
- ∙ Remove, obscure, or alter any notice of the patent, copyright, or other
- proprietary rights related to the software or package.
- ∙ Publish, sub-license, sell, re-sell, distribute, give away, lend, rent,
- lease or provide to others, in whole or in part, the software or the
- package.
- ∙ Operate the software on more than one computer at a time. If you wish to
- operate the software on a network, please contact AZTECH to request a site
- or network license agreement.
- ∙ Transfer the software or any direct product to any person or entity in
- violation of the United States Export Administration Act.
- ∙ Reverse-engineer, disassemble, decomply, or make any attempt to discover
- the source code to the software.
-
- ∙ Use the package for any purpose where the primary value is the images
- themselves. For clarity, you may NOT use the package for calendars, coffee
- table books, tee-shirts, post cards, etc. where the primary value is the
- images themselves. You are strongly encouraged to submit in writing to
- Aztech any questions you may have regarding the interpretation of this
- license (fax: 416-738-1961).
- ∙ Use the product or software in immoral, scandalous, controversial,
- derogatory, obscene or offensive works.
-
- LIMITED WARRANTY
- ----------------
- AZTECH warrants that, upon delivery by AZTECH of the CD's on which the software
- is distributed, the package will be free from defects of workmanship and that
- the software will substantially conform to the specifications established by
- AZTECH. AZTECH does not warrant that the software is free from all bugs,
- errors, and omissions. This warranty gives you specific legal rights, and you
- may also have other rights that vary from state to state and country to country.
-
- If any of the software fails to comply with the warranties set forth above,
- AZTECH's sole liability is to replace the package or portion thereof, or at
- AZTECH's option, make a reasonable effort to correct the program errors. You
- must however return all copies of the software, along with a copy of your paid
- CD's invoice, to AZTECH within ninety (90) days of the date you purchased the
- software.
-
- If AZTECH is unable to correct the defective CD or program error,
- AZTECH's sole liability is to refund all or a fair portion of the price you
- paid for the package, at AZTECH's option. The refund shall fully satisfy all
- your claims for the consequences of the software, CD or disk failure. Any
- replacement software will be warranted for the rest of the original 90-day
- warranty period or for 30 days from the date you received the replacement,
- whichever is longer. The duration of any implied warranties including, without
- limitation, the implied warranties of merchantability and fitness, shall be
- limited to the duration of the warranty period described above.
-
- Except as specifically set forth above, AZTECH shall not be liable for any:
- ∙ bug, error, omission, defect, deficiency or non-conformity in any software;
- ∙ claim of infringement;
- ∙ claim in tort, whether or not arising, in whole or in part, from AZTECH's
- fault, negligence, strict liability or product liability;
- ∙ claim or any indirect, incidental, special or consequential damages, cover
- or loss of revenue, or use;
-
-
-
- Notwithstanding anything to the contrary contained herein, other than a
- properly authorized new license agreement replacing this one in writing and
- making appropriate reference to such replacement, any written or oral
- information or advice given by AZTECH distributors, agents, representatives,
- or employees shall in no way increase the scope of this warranty.
-
- Nor may you rely on any such written or oral communication. Some states and
- provinces may not allow limitations on how long an implied warranty lasts or
- exclusion or limitation of consequential damages; therefore, the limitations
- set forth in this warranty may not apply to you. The foregoing limitations of
- warranty and liability inure to the benefit of AZTECH licensees having an
- interest in the package.
-
- GENERAL
- --------------
- Colors may vary from the color of the images displayed on a screen or on the
- accompanying posters/catalog, to that on final print. You must therefore make
- color proofs of the images prior to printing to assure yourself as to color
- and resolution suitability.
-
- You, rather than AZTECH, accepts all liabilities (except for the license
- granted herein to properly use these images) arising out of the usage of this
- package or the software contained herein. You agree that Aztech's maximum
- liability for any cause of any action of any kind is limited to the replacement
- value of a single package. AZTECH is not responsible for maintaining or
- helping you to use the software, unless as part of a separate Technical
- Support Program.
-
- This Agreement constitutes the entire agreement and supersedes any prior
- agreement between AZTECH and you concerning the contents of this package.
- AZTECH is not bound by any provision of any purchase order, receipt,
- acceptance, confirmation, correspondence, or change unless such is written and
- signed by a duly authorized officer of AZTECH. This Agreement is governed by
- the laws and procedures of Ontario, Canada.
-
-
- All correspondence to AZTECH may be sent to:
- Aztech New Media Corp.
- 2255 Markham Road
- Scarborough, Ontario, Canada
- M1B 2W3
-