This is a legal agreement between you and MacMedia covering your use of PhoneManager (the "Software"). Be sure to read the following agreement before using the Software. BY USING THE SOFTWARE (REGARDLESS IF YOU HAVE REGISTERED THE SOFTWARE OR NOT), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION.
1. License. The application, demonstration, and other software accompanying this License, whether on disk, in read only memory, or on any other media (the “Software”), and the related documentation are licensed to you by MacMedia. You own the disk on which the Software is recorded but MacMedia retain title to the Software and related documentation. This License allows you to use the Software on more than one computer, provided there is no chance it will be used simultaneously on more than one computer. This License allows you to make as many copies of the Software in machine-readable form as you need for backup purposes only. You must reproduce on such copy the MacMedia copyright notice and any other proprietary legends that were on the original copy of the Software.
2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not sublicense, modify, rent, lease, or create derivative works based upon the Software in whole or in part. You may not distribute the Software for profit in any form, including, but not limited to, electronic information service distribution, bulletin board distribution, and magnetic or optical medium distribution, unless explicitly stated in writing and signed by a duly authorized representative of MacMedia. Non-profit distribution of the Software is permissible without prior written notice, providing that the Software is not modified in any way, and the complete works of the Software are included in the distribution package.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software and related documentation and all copies thereof. This License will terminate thirty (30) days after receipt of the Software, unless the Software is registered with MacMedia with appropriate compensation and registration information. This License will terminate immediately without notice from MacMedia if you fail to comply with any provision of this License. Upon termination you must destroy the Software and related documentation and all copies thereof.
4. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation is provided “AS IS” and without warranty of any kind and MacMedia EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MACMEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, MACMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACMEDIA OR A MACMEDIA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT MACMEDIA OR A MACMEDIA AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL MacMedia BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF MACMEDIA OR A MACMEDIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS 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. In no event shall MacMedia total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
6. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of MacMedia.
