DO NOT USE THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ THIS AGREEMENT AND AGREE TO THE TERMS OF THIS LICENSE. BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE.
This End-User License Agreement is a legal agreement between you (either an individual or a single entity) and Luminent for the Luminent software product SpaceMaker (the Software), which includes computer software and online or electronic documentation (Documentation). If you do not agree to the terms of this agreement, do not use the Software and promptly return the Software to the place of purchase for a full refund.
1. GRANT OF LICENSE. This license agreement grants you the following rights: (i) the right to use the Software and Documentation on a single computer at a time; (ii) the right to make copies of the Software and Documentation for backup and archival purposes, provided all backup copies include the copyright notices contained in the original.
2. RESTRICTIONS. You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up purposes); (iv) resell, rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation.
3. TERMINATION. Without prejudice to any other rights, Luminent may terminate this license if you fail to comply with the terms and conditions of this license agreement. In such event, you must destroy all copies of the Software and Documentation.
4. COPYRIGHT. All title in and copyrights to the Software and Documentation and any copies thereof are owned by Luminent or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license agreement grants you no rights to use such content.
5. NO WARRANTY. LUMINENT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
6. NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL LUMINENT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES 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 PRODUCT, EVEN IF LUMINENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. LUMINENT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS LICENSE AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THIS LICENSE.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
9. EXPORT RESTRICTIONS. You agree that you will not export or re-export the Software and Documentation to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
10. GENERAL. This license agreement is governed by the laws of the state of California, U.S.A. If any provision of this license is 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 of this license will remain in full force and effect. This license constitutes the entire agreement between the parties with respect to the use of the Software and Documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Trademarks
Luminent, the Luminent logo and SpaceMaker are trademarks of Luminent.
Apple, Finder, Mac, Mac OS, and Macintosh are registered trademarks of Apple Computer, Inc.
Microsoft and Windows are registered trademarks of Microsoft Corporation.
All other brand and product names are trademarks or registered trademarks of their respective holders.
Credits
The SpaceMaker program and user guide were written by Mark R. Weinstein and Daniel C. McGloin.
