IMPORTANT - READ CAREFULLY BEFORE INSTALLING & USING THIS SOFTWARE:
BY INSTALLING THIS SOFTWARE YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE DO NOT INSTALL OR USE THE SOFTWARE AND PROMPTLY RETURN IT TO THE PLACE WHERE YOU OBTAINED IT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE, YOU ARE NOT LEGALLY ENTITLED TO INSTALL OR USE THE SOFTWARE.
The enclosed computer program(s) and any related documentation, tutorials and multimedia content (such as images, animations, music, videos) and all related updates ("Software") is licensed, not sold, to you by Totally Hip Software Inc. ("Totally Hip") for use only under the terms of this License, and Totally Hip reserves any rights not expressly granted to you.
1. LICENSE
SINGLE COMPUTER USE OF THE SOFTWARE: You may only install and use one copy of the Software on a single computer. You may not use or install the Software on another computer.
STORAGE/NETWORK USE OF THE SOFTWARE: Provided the Software is configured for network use, you may install and use the Software on a single file server or storage device to install or run the Software on other computers over an internal network; however, you must either acquire and dedicate a separate License for each computer on which the Software is installed or run from the file server or storage device or acquire a site license from Totally Hip. Contact Totally Hip for license information.
USE OF IMAGES: You may modify, publish and distribute the included images provided you are not marketing or distributing your work as images. You should use your own good judgment in the responsible use of the images. Do not use the images to create work that might be considered obscene. In addition, certain images may contain logos or other matter that are the intellectual property of third parties. Know your rights and always seek direct permission from the work's owner if you intend to use a third-party trade mark, service mark, trade name or likeness.
USE OF SOUNDS: You may modify, publish and distribute the included sounds provided you are not marketing or distributing your work as sounds. You should use your own good judgment in the responsible use of the sounds. Do not use the sounds in projects that might be considered obscene. Know your rights and always seek direct permission from the works owner if you are not clear. Sounds are provided by SoundDogs Inc.
Ch'i, Huh, In Flight, Laundry, Loonacy, Toit: Copyright „ 1995 Robina Ritchie. All Rights Reserved.
Prologue, Then Four, Requiem: Copyright „ 2000 Robina Ritchie. All Rights Reserved.
2. OTHER RIGHTS AND LIMITATIONS
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY:
You may not reverse engineer, de-compile, disassemble or otherwise reduce the Software to any human perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not subvert the copy protection mechanism of the software.
SEPARATION OF COMPONENTS:
The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
RENTAL OR LEASE:
You may not loan, rent, lease, resell for profit or otherwise transfer the Software to another user, except as part of a permanent transfer (as provided below) of the Software.
SOFTWARE TRANSFER:
You may permanently transfer all your rights under this License, provided you retain no copies; you transfer all the Software, including all component parts, the media, any upgrades and this License; and the recipient agrees to the terms of this License.
TERMINATION:
Without prejudice to any other rights, Totally Hip may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the Software and all its component parts.
3. COPYRIGHT
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software), and any copies of the Software are owned by Totally Hip or its suppliers and its structure, organization and code are the valuable trade secrets of Totally Hip and its suppliers. The Software is protected by Canadian and United States copyright laws and international treaty provisions.
Therefore, you must treat the Software like any other copyrighted material except that you may make one copy solely for backup purposes. You must reproduce on the copy all copyright notices and license agreements found on the original. You may not copy the printed materials accompanying the Software.
4. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227 - 7013 or the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Totally Hip Software Inc., Suite 201-1040 Hamilton Street, Vancouver, B.C. Canada V6B 2R9.
5. APPLICABLE LAW
If you acquired the Software in the United States, this License is governed by the laws of the State of Washington. If you acquired the Software in Canada, this License is governed by the laws of the Province of British Columbia excluding the application of its conflicts of law rules. If you acquired the Software in another jurisdiction, this License is governed by the laws of the jurisdiction in which it is acquired. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the Canadian or United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Totally Hip Software Inc.
6. LIMITED WARRANTY
Totally Hip warrants for a period of thirty (30) days from the date of purchase that (a) the media on which the Software is recorded will be free from defects in materials and workmanship under normal use, and (b) the Software will perform substantially in accordance with Totally Hip's published specifications for the Software. The Software does not include technical support or a warranty of merchantability or fitness for a particular purpose or use.
NO OTHER WARRANTIES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTALLY HIP AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURIDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOTALLY HIP AND ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR LOSS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TOTALLY HIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY OR OTHER CAUSES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
CUSTOMER REMEDIES:
TOTALLY HIP AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT TOTALLY HIP'S OPTION, EITHER (A) RETURN OF THE PRICE PAID, OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET TOTALLY HIP'S LIMITED WARRANTY AND WHICH IS RETURNED TO TOTALLY HIP WITH A COPY OF YOUR PURCHASE RECEIPT. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION. ANY REPLACEMENT SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER.
Totally Hip Software Inc. #201-1040 Hamilton Street, Vancouver, B.C. Canada V6B 2R9
Totally Hip, the Totally Hip logo, LiveStage, the LiveStage logo, LiveSlideShow, LiveSlideShow logo, HipFlics, HipFlics Logo, WebPainter, the WebPainter logo and QScript are registered trademarks of Totally Hip Software Inc. Apple, the Apple logo, Mac, Macintosh, the Mac logo, QuickTime and the QuickTime logo are registered trademarks of Apple Computer, Inc. Windows and the Windows logo are registered trademarks of Microsoft Corp. Flash is a registered trademark of Macromedia, Inc. Acrobat is a registered trademark of Adobe Systems Incorporated. All other trademarks, names and logos are the properties of their respective holders.
