Macromedia Action! Presentation Kit 3.0/ACTION_3.0.iso/media/license.txt

Text File | 1992-12-06 | 9.1 KB | 176 lines

Software License Agreement


PLEASE READ THIS CAREFULLY BEFORE OPENING THE CD-ROM CASE.

BY OPENING THE CD-ROM CASE, YOU ARE AGREEING TO BECOME BOUND
BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, DO NOT OPEN THE CD-ROM CASE .
PROMPTLY RETURN THE UNOPENED CD-ROM CASE, PACKAGING, AND ALL
CONTENTS TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.

THIS AGREEMENT STATES THE TERMS AND CONDITIONS UPON WHICH
MACROMEDIA , INC. (" MACROMEDIA") AND THE COPYRIGHT HOLDERS ,
MACROMEDIA, OFFER TO LICENSE THE ENCLOSED MACROMEDIA
SOFTWARE (THE "CLIPMEDIA"). AMONG OTHER THINGS, THIS AGREEMENT
LICENSES THE CLIPMEDIA TO YOU AND CONTAINS WARRANTY
DISCLAIMERS.

The ClipMedia is licensed, not sold, to you for use only under the terms of this
Agreement, and Macromedia and the Providers reserve all rights not expressly granted to
you. Macromedia retains ownership of all copies of the ClipMedia.


1.  License

This Agreement allows you to:

(a)  Use the ClipMedia on a single computer of the type identified on the package. You
must obtain a supplementary license from Macromedia before using the ClipMedia in
connection with systems, multiple central processing units or computer networks. Please
contact Macromedia at the address indicated at the end of this Agreement for further
information.
(b)  Make one copy of the ClipMedia in machine - readable form solely for backup
purposes. You must reproduce on any such copy all copyright notices and any other
proprietary or confidentiality legends that are on the original copy of the ClipMedia.
(c)  Transfer the ClipMedia and all rights under this Agreement to another party together
with a copy of this Agreement, provided you give Macromedia written notice of such
transfer and the other party reads and accepts the terms and conditions of this Agreement,
and provided further that you do not retain the original copy or any other copy of the
ClipMedia.


2.  Distribution Rights

  You may modify, adapt, translate, create derivative works, and incorporate individual
clips from ClipMedia Volume 2 into "produced works" which you may then distribute.
"Produced works" being defined as media productions created by the end-user in which
the primary function and value is the completed production, not the ClipMedia or derived
works which have been incorporated into that  media production.


3.   Distribution Restrictions

(a)  You may not distribute copies of the ClipMedia to others or electronically transfer
the ClipMedia from one computer to another over a network.
(b)  You may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute,
network, or create derivative works based upon the ClipMedia or any part thereof in
context of a media library or collection not associated with any particular work or
production.


4.  Termination

This agreement is effective until terminated. You may terminate this Agreement at any
time by destroying the ClipMedia together with the permitted copy. This Agreement
shall terminate automatically upon your breach of your obligations under this Agreement.
Upon termination, you must destroy the ClipMedia together with the permitted copy.


5.  Export control

This ClipMedia is subject to the export control laws of the United States. You agree and
certify that neither the ClipMedia nor any direct product thereof is being or will be
shipped, transferred, or reexported directly or indirectly into any country prohibited by
the United States Export Administration Act and the regulations thereunder, or will be
used for any purpose prohibited by same.


6.  Government End Users

If this ClipMedia is acquired by or on behalf of a unit or agency of the United States
Government, this provision applies. This ClipMedia: (a) was developed at private
expense, is existing computer software and no part of it was developed with government
funds, (b) is a trade secret of Macromedia for all purposes of the Freedom of Information
Act, (c) is "restricted computer software" submitted with restricted rights in accordance
with subparagraphs (a) through (d) of the Commercial Computer Software-Restricted
Rights clause at 52.227-19 and its successors, (d) in all respects is proprietary data
belonging solely to Macromedia, and (e) is unpublished and all rights are reserved under
the copyright laws of the United States.
For units of the Department of Defense (DoD) the ClipMedia is "commercial computer
software" and is licensed only with "Restricted Rights" as that term is defined in the DoD
Supplement to the Federal Acquisition Regulation, 252.227-7013 (c)(1)(ii) (Rights in
Technical Data and Computer Software) and its successors, and use, duplication or
disclosure is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at 252.227-7013. The
Contractor/Manufacturer is Macromedia, Inc., 600 Townsend Street, San Francisco, CA
94103.
If this ClipMedia was acquired under a GSA Schedule, the Government has agreed to
refrain from changing or removing any insignia or lettering from the ClipMedia or the
documentation that is provided and from producing copies of manuals or media (except
for backup purposes and in accordance with the terms of this Agreement).


7.  Limited Warranty

(a)  Macromedia warrants that the media on which the ClipMedia is furnished will be
free from defects in materials and workmanship under normal use for a period of (3)
months from the date of delivery as evidenced by a copy of the receipt. EXCEPT AS TO
THE MEDIA ON WHICH THE CLIPMEDIA IS FURNISHED, THE CLIPMEDIA IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. MACROMEDIA DOES NOT WARRANT THAT THE
MEDIA CLIPS CONTAINED IN THE CLIPMEDIA WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATIONS OF THE CLIPMEDIA WILL BE
UNINTERRUPTED OR ERROR FREE . MACROMEDIA DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(b)  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
MACROMEDIA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION
OR ADVICE.
(c)  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.


8.  Limitation of Remedies and Damages

(a)  If the Media on which the ClipMedia is furnished proves defective during the
warranty period, your sole and exclusive remedy shall be to return the Media to
Macromedia, postage prepaid, with a copy of the receipt. Macromedia shall, at its option,
provide a replacement in exchange for the defective media or refund the license fee.
Macromedia shall have no responsibility to replace or refund the purchase price of any
media damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTY ON
THE MEDIA, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION
TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(b)  MACROMEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE) EVEN IF
MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
(c)  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(d)  MacromediaÆs liability to you for actual damage for any cause whatsoever will be
limited to the greater of $50 or the money paid for the ClipMedia that caused such
damages or that is the subject matter of, or is directly related to the cause of action.
(e)  THE LIMITED WARRANTY, LIMITED REMEDIES AND LIMITED
LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN MACROMEDIA AND YOU. MACROMEDIA WOULD NOT
BE ABLE TO PROVIDE THE CLIPMEDIA WITHOUT SUCH LIMITATIONS.


9.  General

This Agreement shall be governed and interpreted in accordance with the laws of the
State of California, applicable to contracts made and fully performed therein. This
Agreement contains the final, complete and exclusive agreement between the parties with
respect to the subject matter hereof, and supersedes all prior agreements or
understandings (oral or written). If any provision of this Agreement shall be held by a
court of competent jurisdiction to be contrary to law, that provision will be enforced to
the maximum extent permissible and the remaining provisions will remain in full force
and effect. Sections 7 and 8 shall survive termination of this Agreement.


10.  Inquiries

All questions concerning this Agreement should be directed to:

Macromedia
600 Townsend Street
San Francisco, CA 94103
[phone]