Copyright ⌐1999 Play Incorporated. All rights reserved.
The Amorphium software and documentation are Copyright ⌐1999 Play Incorporated. All rights reserved. This document may not, in whole or in any part, be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine readable format without prior consent, in writing, from Play Incorporated.
Certain3D Objects Copyright ⌐1997, 1999 Zygote Media Group.
This software is based in part on the work of the Independent JPEG Group.
Trademarks
Amorphium, BioSpheres, ElectricImage and their logos are cool and thus trademarks of Play Incorporated. Play is a registered trademark of Play Incorporated. Windows is a trademark of Microsoft Corporation. Macintosh is a trademark of Apple Computer, Inc. All other trademarks are the property of their respective holders.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THE AMORPHIUM SOFTWARE. THE OPENING OF THE SOFTWARE PACKAGES AND/OR INSTALLATION OF THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD RETURN THE ENTIRE PRODUCT IN NEW CONDITION TO THE PLACE OF PURCHASE, AND YOUR MONEY WILL BE REFUNDED.
Except as otherwise specifically provided, Play Incorporated ("Play") is the "Licensor" of the Amorphium software and accompanying documentation. The Amorphium software program is referred to in this License Agreement as the "Program". The Licensor grants to you, the original end user licensee, a nonexclusive license to use the Program for your own personal use and not for sublicense, subject to the terms and conditions stated in this License Agreement. You assume responsibility for the selection of the Program to achieve your intended results.
LICENSE
You may: (i) use the Program on a single machine; (ii) copy the Program into any machine-readable form only for necessary backup or modification purposes in support of Your use of the Program on a single machine; and (iii) transfer the Program and license to another party if the other party agrees to accept all terms and conditions of this Agreement. If you transfer the Program, You must at the same time either transfer all copies, whether in printed or machine-readable form, to the same party or destroy any copies not transferred. You may not sublicense or lease the Program or accompanying documentation. You may not assign or transfer the license to the Program or accompanying documentation except as expressly provided in this Agreement. Except as expressly permitted above, any attempt to lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.
RESTRICTIONS
You may not distribute copies of the Program to others or electronically transfer the Program or accompanying documentation from one computer to another over anetwork. The Program contains trade secrets, and in order to protect them, You may not decompile, reverse engineer or disassemble the Program, or otherwise reduce the Program to a human perceivable form. You may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute, network or create derivative works based on all or any part of the Program or accompanying documentation.
TITLE
The original and any copies of the Program and accompanying documentation, in whole and in part, including translations, compilations, partial copies, modifications, and updates are the property of Licensor or its suppliers. You have only the limited rights granted by this license. You are not an owner of a copy of the Program, and therefore 17 U.S.C. Section 117 does not apply. You must reproduce and include the proprietary rights notices on any copy of the Program and accompanying documentation.
LIMITATIONS
This license does not include any rights to reproduce, copy, commercialize or otherwise use or make use of the sounds, music, pictures, effects or other content contained in the Program except in connection with your personal use of the Program as permitted hereunder.
TERMINATION
You may terminate your license to the Program at any time by destroying the Program and accompanying documentation together with all copies, modifications and merged portions in any form. The license also will terminate as set forth elsewhere in this Agreement if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Program and accompanying documentation, together with all copies, modifications and merged portions, in any form.
AMORPHIUM LIMITED WARRANTY
(Software Warranty)
LIMITED WARRANTY.
Play ("Licensor") warrants to the purchaser of Amorphium from an authorized dealer("End User") that the CD-ROM(s) media on which the Amorphium software program ("Program") are furnished are free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to End User as evidenced by a copy of End User's receipt ("Program Warranty"). Licensor does not warrant that the documentation or the functions contained in the Program will meet End User's requirements or that the operation of the Program will be uninterrupted or error free. Licensor's entire liability and End User's exclusive remedy with respect to breach of the Program Warranty will be the replacement of any CD-ROM media not meeting the Program Warranty if returned to the Licensor for the particular nonconforming Program within the Program's Warranty period with a copy of the applicable receipt(s). End User is responsible for any costs, expenses, customs, duties, taxes, and other similar charges arising with regard to return shipment of the Program to the place of purchase and Licensor's return of the Program under the Software Warranty. End user must pay all such costs upon invoice.
NO OTHER WARRANTY.
EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, THE AMORPHIUM PROGRAM AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE AMORPHUIM PROGRAM AND ACCOMPANYING DOCUMENTATION IS WITH END USER. SHOULD THE PROGRAM PROVE DEFECTIVE, END USER (AND NOT THE LICENSOR OR ANY AUTHORIZED DEALER) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. No oral or written information or advice given by Licensor, its dealers, distributors, agents or employees will create a warranty or in any way increase the scope of the limited warranties set forth herein, and End User may not rely on any such information or advice. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. THIS WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS AND THE END USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY.
IN NO EVENT WILL LICENSOR OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE PROGRAM, OR ANY OR ALL OF THE AMORPHIUM CONTENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, ACCOMPANYING DOCUMENTATION OR CONTENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations of liability shall apply notwithstanding any failure of essential purpose of any limited remedy or any claim by any other party. Licensor's liability to the End User or any third party arising out of or related to this Agreement however caused and on any theory of liability, whether in contract, tort (including negligence), or otherwise will not exceed the fee paid by the End User for the Program, as applicable. The Program was not developed and is not licensed for use in any nuclear, aviation, mass transit, life support or medical application, or any other inherently dangerous applications. SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO ALL OR A PORTION OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
