IF YOU HAVE NOT UNLOCKED/REGISTERED THIS PRODUCT AND ARE USING A LOCKED VERSION:
TrueSpectra License Agreement
Photo>Graphics OS/2 Sampler Version 1.02
IF YOU DOWNLOAD OR USE THIS PROGRAM YOU AGREE TO THESE TERMS:
TrueSpectra Inc. grants you a license to use Photo>Graphics OS/2 Sampler Version 1.02 with disabled Print and Save Rendered functionality (the Program) subject to the following terms and conditions. The Program is copyrighted and licensed (not sold). TrueSpectra Inc. does not transfer title of the Program to you. You obtain no rights other than those granted you under this license.
Under this license, you may:
Use the Program on one or more machines at a time;
Make copies of the Program for use or backup purposes; and,
Make copies of the original files you downloaded and distribute them, provided that you transfer a copy of this license and all files included with the program to the other party. The other party agrees to these terms by its first use of the Program.
You must reproduce the copyright notice and any other legend of ownership on each copy of the Program.
Under this license, you may NOT:
Modify the Program in any way or merge it into another program;
Sub license, rent, lease, or assign the Program; and
Reverse assemble, reverse compile, or otherwise translate the Program.
Under no circumstances is TrueSpectra Inc. liable for any of the following:
Third-party claims against you for losses or damages;
Loss of, or damage to, your records or data; or
Economic consequential damages (including lost profits or savings) or incidental damages, even if we are informed of their possibility.
Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.
TrueSpectra Inc. does not warrant uninterrupted or error free operation of the Program. TrueSpectra Inc. has no obligation to provide service, defect correction, or any maintenance for the Program. TrueSpectra Inc. has no obligation to supply any Program updates or enhancements to you even if such are or later become available.
IF YOU DOWNLOAD OR USE THIS PROGRAM YOU AGREE TO THESE TERMS.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You are responsible for the payment of any taxes resulting from this license.
If you have any questions, please contact:
TrueSpectra Inc.
4950 Yonge St, Suite 802
North York, Ontario
Canada M2N 6K1
E-mail: comments@truespectra.com
Fax: 416/224-0309
* * * *
IF YOU HAVE UNLOCKED/REGISTERED THIS PRODUCT WITH TRUESPECTRA:
TRUESPECTRA INC. SOFTWARE LICENSE AGREEMENT
TRUESPECTRA INC. ("LICENSOR") IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE YOU INSTALL THIS SOFTWARE, BECAUSE BY INSTALLING THIS SEALED DISK SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, THE LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU, AND YOU SHOULD NOT INSTALL THE SOFTWARE. YOU SHOULD RETURN THIS ENTIRE PACKAGE WITHIN 30 DAYS OF YOUR RECEIPT
FOR A FULL REFUND.
Ownership of the Software
1. The Licensor's software program, TrueSpectra Photo>Graphics Sampler Version 1.02 with unlocked Print and Save Rendered features ("Software") and any written materials are owned by the Licensor or its suppliers and are protected by United States and Canadian copyright laws, by-laws of other nations, and by international treaties.
Grant Of License
2 The Licensor grants to you the right to use one copy of the Software on a single computer. You may load one copy into permanent memory of one computer and may use that copy, or the enclosed diskettes or CD-ROMs, only on that same computer. You may not install the software on a network. [You may install the Software on a single network server, provided that you have a License for a copy of the software from the Licensor for each station of the network at which the Software is used.] The primary
user of the computer may also use the Software on a home and/or laptop computer, provided that the Software is used on only one computer at a time.
3. This License is valid only for use within Canada and the United States of America and its Territories.
Restrictions on Use and Transfer
4. If this Software package contains both 3 and 1/2" disks and CD-ROM, then you may use only the size disk appropriate for your computer. You may not use the other size disks on another computer or loan, rent, transfer or assign them to another user except as part of the permanent transfer of the Software and all written materials (as provided for below).
5. You may not copy the Software, except that (1) you may make one copy of the Software solely for backup or archival purposes, and (2) you may transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials.
6. You may permanently transfer the Software and accompanying written materials (including the most recent update and all prior versions) if you retain no copies and the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.
7. You may not reverse engineer, decompile, or disassemble the Software.
Limited Warranty
8. The Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of your receipt of the Software. Any implied warranties on the Software are limited to 90 days. Some States or Provinces do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
9. THE LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights. You may have others, which vary from State to State.
10. THE LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT THE LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET THE LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO THE LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside of Canada and the United States of America.
11. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse or misapplication.
12. IN NO EVENT WILL THE LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. Because some States or Provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
13. This Agreement is governed by the laws of the Province of Ontario.
14. If you have any questions concerning this Agreement or wish to contact the Licensor for any reason, please write to:
TrueSpectra Inc., 4950 Yonge Street, Suite 802, North York, Ontario, Canada M2N 6K1 Tel: (416) 224-2787.
TrueSpectra and Photo Graphic are registered trademarks
and Photo>Graphics, ColorWave and The Image of Imagination
