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- IMPORTANT - READ CAREFULLY BEFORE USING SOFTWARE
-
- By using the enclosed software, you indicate your acceptance
- of the following License Agreement.
-
- Cambium License Agreement
-
- 1. Ownership and License. This is a license agreement and NOT
- an agreement for sale. Cambium continues to own the copy of the software
- ("Software") and music clips ("Music") contained in this package and all
- other copies that Licensee is authorized by this Agreement to make. Licensee's
- rights to use the Software and Music contained in Cambium Sound Choice are
- specified in this Agreement, and Cambium retains all rights not expressly
- granted to Licensee in this Agreement. Nothing in this Agreement constitutes
- a waiver of Cambium's rights under any law, rule, regulation, or international
- treaty, including, but not limited to, Copyright, Trade Secret, Trademark, and
- Patent.
-
- 2. Permitted Uses. Licensee is granted the following rights to the
- Software:
-
- (a) Right to Install and Use. Licensee may install and use the
- Software on the hard disk drive of any single compatible computer that Licensee
- owns. However, Licensee may not under any circumstances have the Software
- installed onto the hard drives of two or more computers at the same time.
- If Licensee wishes to use the Software on more than one computer, Licensee must
- either erase the Software from the first hard drive before Licensee installs it
- onto a second hard drive, or else license an additional copy of the Software for
- each additional computer on which Licensee uses it.
-
- (b) Right to Transfer. Licensee may not rent, lend, or lease this
- Software. However, Licensee may transfer this license to use the Software to
- another party by transferring this copy of the License Agreement, the original
- copy of the Software and Music, and all documentation. Such transfer of possession
- terminates Licensee's license from Cambium. Such other party shall
- be licensed under the terms of this Agreement upon its acceptance of this Agreement
- by its initial use of the Software. If Licensee transfer the Software, Licensee
- must remove the Software from Licensee's hard disk and Licensee may not retain
- any copies of the Software for Licensee's own use.
-
- 3. Multimedia Content License. Cambium grants Licensee a royalty-free
- license to use, copy, reproduce, and distribute the Music. Licensee may freely
- use the Music subject to the following restrictions.
-
- (a) Licensee may not use the Music in any broadcast.
-
- (b) Licensee may not resell or redistribute the Music for value in
- the form of, or as part of, a library or clip software product consisting
- predominantly of audio, image, and/or video materials.
-
- (c) Licensee may not redistribute the Music in such a form that the
- Music itself is the predominant content.
-
- 4. Limited Warranty. Cambium makes the following limited warranties,
- for a period of 90 days from the date Licensee acquired the Software from Cambium
- or Cambium's authorized dealer:
-
- (a) Media. The CD-ROM in this package will be free from
- defects in materials and workmanship under normal use. If the CD-ROM fails
- to conform to this warranty, Licensee may, as Licensee's sole and exclusive remedy,
- obtain a replacement free of charge if Licensee returns the defective CD-ROM disc
- to Cambium with a dated proof of purchase.
-
- (b) Software. The Software in this package will materially
- conform to the documentation that accompanies it. If the Software fails
- to operate in accordance with this warranty, Licensee may, as Licensee's sole and
- exclusive remedy, return all of the Software and the documentation to
- the authorized dealer from whom Licensee acquired it, along with a dated proof
- of purchase, specifying the problem, and Cambium will provide Licensee with a new
- version of the Software or a full refund at Cambium's election.
-
- (c) Warranty Disclaimer: Cambium does not warrant that this software
- or Music will meet Licensee's requirements or that its operation will be
- uninterrupted or error-free. Cambium excludes and expressly disclaim all express
- and implied warranties not stated herein, including the implied warranties of
- merchantability and fitness for a particular purpose. This limited warranty gives
- Licensee specific legal rights, and Licensee may also have other legal rights,
- which vary from state to state.
-
- 5. Limitation of Liability. Cambium's liability to Licensee for any
- losses shall be limited to direct damages, and shall not exceed the amount
- Licensee originally paid for the Software and Music. In no event shall Cambium
- be liable to Licensee for any indirect, special, incidental, or consequential
- damages (including loss of profits) even if Cambium has been advised of such
- damages.
-
- 6. United States Government Restricted Rights. The enclosed
- Software and Music are provided with Restricted Rights. Use, duplication
- or disclosure by the U.S. Government or any agency or instrumentality
- thereof is subject to restrictions as set forth in subdivision (c)(1)(ii)
- of the Rights in Technical Data and Computer Software clause at 48 C. F.R.
- 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer
- Software -- Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable.
- Contractor Manufacturer is Cambium Development, Inc., P.O. Box 296-H,
- Scarsdale, N.Y. 10583-8796.
-
- If Licensee has any questions about this Agreement, write to Cambium
- Development, Inc. at the address above, or call 914-472-6246.
-