IMPORTANT - READ CAREFULLY BEFORE USING INMEDIA SOFTWARE
INMEDIA PRESENTATIONS INC. ("INMEDIA") SOFTWARE ("Software") LICENSE AND LIMITED WARRANTY
This legal document is an agreement between you, the end users, and INMEDIA. BY LOADING THE SOFTWARE ON YOUR COMPUTER, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND, AND ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE, LIMITED WARRANTY and EXCLUSION OF LIABILITY.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT LOAD THE SOFTWARE ON YOUR COMPUTER.
In order to preserve and protect its rights under applicable laws, INMEDIA does not sell any rights in the INMEDIA SOFTWARE. Rather, INMEDIA grants the right to use INMEDIA Software by means of this SOFTWARE LICENSE. INMEDIA specifically retains title to and copyright in all Software.
1. GRANT OF LICENSE. INMEDIA as Licensor, grants to you, the LICENSEE, a non-exclusive right to use one copy of the Software on a single computer to process your materials, provided the SOFTWARE is in use on only one computer at any time. You may distribute the Slides & Sound PlusΓäó show created by your use of the Software and distributed in the form of a "WatchMe" file. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk or any other storage device) of that computer.
2. MULTIMEDIA MATERIAL. As a multimedia product, the Software allows you to import pictures and music copyrighted by others. The copyright in photographs accrue to the owner of the media upon which the picture is represented (e.g. negative or disk) and the copyright in the music is owned by the creator thereof. Copyright exists in those materials even if they do not contain a copyright notice. Unless you are the owner of the copyright in the materials or given the express written rights to use same by the copyright holder, you do not have the right to store, display, reproduce, transmit or manipulate those materials. Any copyright information relative to any photographs should be incorporated in the file containing same when each file is created by using the Software.
3. OWNERSHIP OF SOFTWARE AND COPYRIGHT. As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but an express condition of this License is that INMEDIA retains title and ownership including copyright of the SOFTWARE recorded on the original disk copy(ies) and all subsequent copies, regardless of any form or media in or on which the original and other copies may exist. Unauthorized copying of the SOFTWARE is expressly forbidden. You may not make copies of the written materials accompanying the SOFTWARE.
You may make as many copies of the SOFTWARE as you like provided these copies are used solely for backup or archival purposes.
OTHER CONDITIONS. You may transfer your rights under this License on a permanent basis provided you transfer all copies of the SOFTWARE and all written materials, and the recipient agrees to the terms of this License. Any transfer must include the most recent update and all prior versions.
You may not reverse engineer, de-compile or disassemble the SOFTWARE.
4. LIMITED WARRANTY. INMEDIA warrants that, for a period of ninety (90) days from date of purchase ( "warranty period" ), the media on which the SOFTWARE is furnished will be free from any physical defects in materials and workmanship and the Software, during the warranty period, will substantially conform to the functional description of the Software as contained in the User Guide accompanying the Software when delivered.
INMEDIA does not warrant that the Software will run uninterrupted or be error free.
INMEDIA's entire liability and your exclusive remedy as to the Software shall be replacement of the software, or disk, which does not meet INMEDIA's Limited Warranty and which is returned to INMEDIA postage prepaid with a copy of the receipt. If failure of the disk has resulted from accident, abuse, or misapplication, INMEDIA shall haveno responsibility to replace the Software or refund the purchase price.
THE ABOVE IS THE ONLY WARRANTY PROVIDED BY INMEDIA OF ANY KIND, INMEDIA AND ITS LICENSORS MAKE NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. INMEDIA'S LICENSORS DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL INMEDIA BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE RETAIL VALUE OF THE SOFTWARE, NOR WILL INMEDIA AND ITS LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF INMEDIA OR ITS LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INMEDIA'S LICENSOR'S LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), WILL BE LIMITED TO $50.
6. MISCELLANEOUS. You agree that this License and Limited Warranty are the complete and exclusive statement of agreement between the parties and supersede all representations, oral or written, and any other communications relating to the subject matter. This License and Limited Warranty is governed by the laws of the jurisdiction where the Software is lawfully in use.
Should you have any questions concerning this License or this Limited Warranty, or if you desire to contact INMEDIA for any reason, please contact us in writing: INMEDIA Presentations Inc., P.O.Box 4742, 349 West Georgia Street, Vancouver, B.C., V6B 4A4.
Copyright 1996 INMEDIA Presentations Inc. and its Licensors.
All Rights Reserved.
QuickTime and QuickTime Logo are Trademarks of Apple Computer, Inc. used under license. The Photo CD logo is a trademark of Eastman Kodak Company used under license.
Acknowledgments
Slides & Sound PlusΓäó is a trademark of InMedia Presentations Inc. Apple, Macintosh, QuickTime and True Type are trademarks of Apple Computer, Inc. Kodak and Photo CD are trademarks of Eastman Kodak Company. Windows is a trademark of Microsoft Corporation.
Other brand and product names are trademarks and/or registered trademarks of their respective holders.Warranty & License Agreement
