CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PROGRAM. USING THIS PROGRAM INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT OR UNDERSTAND THEM, YOU SHOULD PROMPTLY RETURN THIS PRODUCT TO YOUR VALUE-ADDED RESELLER OR DEALER.
The export and re-export of Pinnacle software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to any country to which the United States embargoes goods. In addition, Pinnacle software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading or using a Pinnacle software product you are certifying that you are not a national of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
You acknowledge and agree that in order to protect the integrity of certain third party content, Company or its licensors may provide for the Software security related updates that will be automatically downloaded and installed on your computer. Such security related updates may impair the Software (and any other software on your computer which specifically depends on the Software) including disabling your ability to copy and/or play "secure" content, i.e. content protected by digital rights management. In such an event, Company and/or its licensors shall use reasonable efforts to promptly post notices on Company web site explaining the security update and providing instructions to end-users for obtaining new versions or further updates of the Software that restore access to secure content and related features.
PROPRIETARY PROPERTY
This product, the Studio program, Pinnacle SystemsÆ trademarks, product names, user manuals, documentation and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not they or any portion thereof may be copyrighted or patented) or are otherwise proprietary to Pinnacle Systems. In addition, this program may contain the proprietary property of others which has been licensed to Pinnacle Systems (such as utility or plug-in software or programs, clip art and sample files).
The RealProducer is included under license from RealNetworks, Inc. Copyright 1995-2001, RealNetworks Inc. "RealProducer," "RealVideo," "RealServer," and "Real" logo are trademarks or registered trademarks of RealNetworks, Inc. All rights reserved.
QDesign MPEG-2 Layer II Fast Encoder/Decoder (c) 1996-2001 by QDesign Corporation.
You agree not to remove any product identification or notices of the proprietary restrictions from Pinnacle SystemsÆ products or manuals.
LICENSE AND PROHIBITIONS
You may:
(a) use the enclosed product, the Studio program, and accompanying written materials ("programming materials") in connection with a single computer. A copy of the program is being furnished to you along with this license agreement. If you wish to use this program on more than one computer, you must license additional copies of the program;
(b) use the program and accompanying written materials on a licensed computer network. A "computer network" is any combination of two or more terminals or computers that are electronically linked and capable of sharing the use of a single software program. A "licensed computer network" is a computer network for which you have purchased from Pinnacle Systems, or its dealer, sufficient copies of this program so that the number of concurrent users of this program on the computer network at any given time is not greater than that number of copies of the program so purchased;
(c) copy the program once only solely for backup purposes in support of your use of the program so long as you prominently label the backup copy with the appropriate copyright notice;
(d) use the program for your personal use or in your business or profession. Permitting unauthorized users access to the program and program materials is a violation of this license agreement; and
(e) transfer the program and license to another party if the other party agrees to accept the terms and conditions of this agreement. If you transfer the program, you must at the same time either transfer all copies to the same party or destroy any copies not transferred. If you transfer possession of any copy of the program to another party, your license is automatically terminated.
PROHIBITED USES
You may not, without explicit prior written permission from Pinnacle Systems:
(a) use, modify or transfer the program, or copy the program in whole or in part, except as expressly provided herein;
(b) reverse-engineer, decompile or otherwise recreate the program or hardware in whole or in part;
(c) make copies of or distribute, for profit or otherwise, or authorize the copying or distribution of the program, hardware, or materials related thereto, except as herein provided;
(d) make alterations to the program or merge it into any other software;
(e) grant sublicenses and leases or other rights in the program or program materials to others;
(f) make verbal or media translations of the program, in whole or in part, or of the program materials;
(g) modify the program for use on non-compatible hardware;
(h) make telecommunications data transmissions of the program in whole or in part;
(i) distribute the program on either a permanent or temporary basis to others;
(j) make available any part of the program or program materials to any third party, other than your own properly authorized employees; or
(k) make any alteration, modification, connection, disconnection, improvement or adjustment of any kind to or use Studio except as explicitly contemplated in the enclosed programming materials.
It is agreed that the violation by you of any of the prohibitions described above shall be a material breach by you of this license agreement, and any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations under this agreement, except as expressly provided herein, is void.
TERM
The license is effective until terminated. You may terminate it at any time by destroying the program together with all copies in any form. It will also terminate upon conditions set forth elsewhere in this agreement or if you fail to comply with any term or condition of this agreement. You agree that upon such termination you will destroy the program together with all copies in any form.
LIMITED WARRANTY
The program is provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, with the sole exception of defective diskette(s) and Studio described below. The entire risk as to the quality and performance of the program is assumed by you. If the program proves defective, you (and not Pinnacle Systems, its Licensors, or its dealers) assume the entire cost of all necessary servicing, repair or correction.
PROGRAM WARRANTY
Pinnacle Systems warrants to the original licensee that the diskette(s) on which the program is recorded, shall be free from defects in material and workmanship only for a period of thirty (30) days from the date of original purchase. If a defect covered by this warranty occurs during this period, and it is returned to the dealer from whom it was purchased not later than five (5) days after the end of such period, the dealer shall, at its option, either repair or replace the item. This warranty is in lieu of all other express or statutory warranties, and the duration of any implied warranty, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, is hereby limited to said thirty (30) day period.
