Revista do CD-ROM 85/CD-ROM 85/CD-ROM 85.iso/aplic/icee/icsetup.exe/_SETUP.1/license.txt

Text File | 2001-09-21 | 5.5 KB | 135 lines

   Gemini Systems End-User License Agreement
          iCee Image Viewing Software

     Copyright (c) 1998-2001 Gemini Systems
              All Rights Reserved.


NOTICE TO ALL USERS: CAREFULLY READ THE
FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), WHICH
SETS FORTH LICENSE TERMS FOR THE GEMINI SYSTEMS
SOFTWARE IDENTIFIED IN THE HEADING ABOVE
("SOFTWARE"). BY INSTALLING THE SOFTWARE,
YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY)
CONSENT TO BE BOUND BY AND BECOME A PARTY TO
THIS AGREEMENT WITH GEMINI SYSTEMS.
("GEMINI SYSTEMS"). IF YOU DO NOT AGREE
TO ALL OF ITS TERMS, DO NOT INSTALL THE
SOFTWARE, OR DESTROY ALL COPIES OF THE
SOFTWARE THAT YOU HAVE INSTALLED.

1.  Ownership Rights. The Software is protected
    by United States copyright laws and
    international treaty provisions. Gemini
    Systems and its suppliers own and retain
    all right, title and interest in and to the
    Software, including all copyrights, patents,
    trade secret rights, trademarks and other
    intellectual property rights therein. Your
    possession, installation, or use of the
    Software does not transfer to you any title
    to the intellectual property in the
    Software, and you will not acquire any
    rights to the Software except as expressly
    set forth in this Agreement.

2.  Disclaimer

    a.  Warranty Disclaimer. Except for the
        limited warranty set forth herein, THE
        SOFTWARE IS PROVIDED "AS IS." TO THE
        MAXIMUM EXTENT PERMITTED BY APPLICABLE
        LAW, GEMINI SYSTEMS DISCLAIMS ALL
        WARRANTIES, EITHER EXPRESS OR IMPLIED,
        INCLUDING BUT NOT LIMITED TO IMPLIED
        WARRANTIES OF MERCHANTABILITY, FITNESS
        FOR A PARTICULAR PURPOSE, AND
        NONINFRINGEMENT WITH RESPECT TO THE
        SOFTWARE AND THE ACCOMPANYING
        DOCUMENTATION. YOU ASSUME RESPONSIBILITY
        FOR SELECTING THE SOFTWARE TO ACHIEVE
        YOUR INTENDED RESULTS, AND FOR THE
        INSTALLATION OF, USE OF, AND RESULTS
        OBTAINED FROM THE SOFTWARE. WITHOUT
        LIMITING THE FOREGOING PROVISIONS,
        GEMINI SYSTEMS MAKES NO WARRANTY
        THAT THE SOFTWARE WILL BE ERROR-FREE
        OR FREE FROM INTERRUPTIONS OR OTHER
        FAILURES, OR THAT THE SOFTWARE WILL MEET
        YOUR REQUIREMENTS. SOME STATES AND
        JURISDICTIONS DO NOT ALLOW LIMITATIONS
        ON IMPLIED WARRANTIES, SO THE ABOVE
        LIMITATION MIGHT NOT APPLY TO YOU. THE
        FOREGOING PROVISIONS SHALL BE
        ENFORCEABLE TO THE MAXIMUM EXTENT
        PERMITTED BY APPLICABLE LAW.

3.  Limitation of Liability. UNDER NO
    CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
    WHETHER IN TORT, CONTRACT, OR OTHERWISE,
    SHALL GEMINI SYSTEMS OR ITS SUPPLIERS
    BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR
    ANY INDIRECT, SPECIAL, INCIDENTAL, OR
    CONSEQUENTIAL DAMAGES OF ANY CHARACTER
    INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
    LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
    FAILURE OR MALFUNCTION, OR FOR ANY AND ALL
    OTHER DAMAGES OR LOSSES. IN NO EVENT WILL
    GEMINI SYSTEMS BE LIABLE FOR ANY DAMAGES
    IN EXCESS OF THE LIST PRICE GEMINI
    SYSTEMS CHARGES FOR A LICENSE TO THE
    SOFTWARE, EVEN IF GEMINI SYSTEMS SHALL
    HAVE BEEN ADVISED OF THE POSSIBILITY OF
    SUCH DAMAGES. THIS LIMITATION OF LIABILITY
    SHALL NOT APPLY TO LIABILITY FOR DEATH OR
    PERSONAL INJURY TO THE EXTENT THAT
    APPLICABLE LAW PROHIBITS SUCH LIMITATION.
    FURTHERMORE, SOME STATES AND JURISDICTIONS
    DO NOT ALLOW THE EXCLUSION OR LIMITATION
    OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
    THIS LIMITATION AND EXCLUSION MIGHT NOT
    APPLY TO YOU. THE FOREGOING PROVISIONS
    SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT
    PERMITTED BY APPLICABLE LAW.

4.  United States Government. The Software and
    accompanying Documentation are deemed to
    be "commercial computer software" and
    "commercial computer software
    documentation," respectively, pursuant to
    DFAR Section 227.7202 and FAR Section
    12.212, as applicable. Any use,
    modification, reproduction, release,
    performance, display or disclosure of the
    Software and accompanying Documentation
    by the United States Government shall be
    governed solely by the terms of this
    Agreement and shall be prohibited except
    to the extent expressly permitted by the
    terms of this Agreement.

5.  Miscellaneous. This Agreement is governed by
    the laws of the United States and the State
    of Michigan, without reference to conflict
    of laws principles. The application of the
    United Nations Convention of Contracts for
    the International Sale of Goods is
    expressly excluded. This Agreement sets
    forth all rights for the user of the
    Software and is the entire agreement between
    the parties. This agreement supersedes any
    other communications with respect to the
    Software and Documentation. This Agreement
    may not be modified except by a written
    addendum issued by a duly authorized
    representative of Gemini Systems. No
    provision hereof shall be deemed waived
    unless such waiver shall be in writing and
    signed by Gemini Systems or a duly
    authorized representative of Gemini
    Systems. If any provision of this Agreement
    is held invalid, the remainder of this
    Agreement shall continue in full force and
    effect. The parties confirm that it is their
    wish that this Agreement has been written in
    the English language only.