CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE OPENING THE DISK PACKAGE. BY OPENING THE DISK PACKAGE, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE DISK PACKAGE; PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE YOU OBTAINED IT FOR A FULL REFUND.
LICENSE. Under this license you may use the enclosed Asymetrix software program ("Software") on only a single computer at any one time; and copy the Software for archival purposes, or copy the Software to a single hard disk provided you retain the original for archival purposes and provided that copyright and other restricted rights notices are also reproduced. The Software is "in use" when it is loaded into RAM, or installed on a hard disk or other storage device (other than a network server). Installing the Software on a network server solely for the purpose of internally distributing the Software shall not constitute "in use", provided you have a license for each single computer to which the Software is distributed. If the number of users of the Software is reasonably anticipated to exceed the number of corresponding licenses, then you must have a means of ensuring that the number of users concurrently does not exceed the number of licenses.
You may not (i) copy the written materials accompanying the Software ("Manuals"); (ii) use, copy, modify, translate, or merge the Software except as provided in this agreement; (iii) reverse-engineer, disassemble, or decompile the Software or otherwise attempt to determine its underlying source code or permit any such actions except and to the extent expressly permitted by the application of local copyright law whose exclusion is precluded; or (iv) sublicense (except to the extent specifically permitted herein), rent or lease all or any portion of the Software, but you may transfer the Software and Manuals to a single recipient on a permanent basis provided you retain no copies, the transfer includes all updates and prior versions of the Software licensed to you and the recipient agrees to the terms of this Agreement.
COPYRIGHT. The Software is owned by Asymetrix or its suppliers and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material.
REDISTRIBUTION. If the Software is MediaBlitz!, ToolBook, Multimedia ToolBook, Multimedia ToolBook - CBT Edition, or ToolBook Database Connection, then the Software includes one or more of the following classifications of Redistributable Files (as such classifications are defined in the Software in the file named FILELIST.WRI or in the documentation): Runtime Files (Required, Linked and Optional) and Clip Files. To the extent provided below in this section, this license gives you a limited right to copy and distribute Runtime Files (copies of which must include all Required Runtime Files and, if any Linked Runtime File is used, all Runtime Files linked to such file) and to modify, copy and distribute Clip Files, on condition that you:
(i) copy and/or distribute the authorized files and modified Clip Files only in compiled, executable form and only in conjunction with, linked to, and as a part of your software products designed to operate in an Asymetrix ToolBook or Asymetrix Multimedia ToolBook environment ("Software Product");
(ii) do not use Asymetrix's or its suppliers name, logo, or trademarks to market your Software Product, except that you may use Asymetrix's name to refer to the Asymetrix Redistributable Files, and may use the names of third parties to refer to such third parties' Redistributable Files;
(iii) include Asymetrix's restricted government rights notices prominently on your Software Product;
(iv) include Asymetrix's copyright notice and the copyright notice of any third party, if such third party's files are included, on the disk label and/or title page of the documentation for your Software Product;
(v) do not remove any copyright notices from the Redistributable Files;
(vi) distribute your Software Product only pursuant to a license agreement that prohibits any use prohibited by this license, and that contains provisions that disclaim your liability for consequential and incidental damages and that provides that such provisions expressly inure to the benefit of Asymetrix and its suppliers;
(vii) ensure that your software product will not be provided to, used on, or accessed through a public computer bulletin board or shareware distribution process;
(viii) ensure that your Software Product cannot be used to create new applications designed to operate in an Asymetrix ToolBook or Asymetrix Multimedia ToolBook environment and, if INTERSOLV files are used, that your Software Product does not provide the same functionality as or compete with INTERSOLV's software products;
(ix) do not use or permit the use of any Clip Files in a library of clip files;
(x) indemnify and hold harmless Asymetrix and its suppliers from and against any damages or liabilities, including attorneys' or other legal fees, that arise or result from claims or lawsuits regarding the use or distribution of your Software Product; AND
(xi) comply fully with the terms and conditions of this license.
If the Software is Asymetrix 3D F/X or Asymetrix Digital Video Producer, then you have a limited right to copy and may redistribute the Microsoft Video for Windows 1.1 Runtime in conjunction with AVI files you created using the Software, but only on the condition that you:
(i) comply fully with all of Microsoft's terms and conditions set forth in the Video for Window's 1.1 Release Notes which are contained in the Video for Windows README.TXT file and also available from Microsoft; AND
(ii) comply with clauses (ii), (x) and (xi) in the above paragraph.
LIMITED WARRANTY. Asymetrix warrants that, for 90 days after date of delivery of the Software to you, the disks or CD-ROM will be free from defects in materials and workmanship. Your exclusive remedy for breach of warranty is to return the complete product, with your receipt, to your dealer and it will be replaced for free. You are responsible for the selection of the Software and for the installation of, use of, and verification of results obtained from, the Software. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASYMETRIX AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE OPERATION OF THE PRODUCTS WILL BE INTERRUPTION OR ERROR FREE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED "AS-IS." ALL WARRANTIES AND CONDITIONS SHALL TERMINATE 90 DAYS FROM DATE OF DELIVERY OF THE SOFTWARE TO THE ORIGINAL LICENSEE. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. IMPORTANT NOTE: Nothing in this agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this agreement or the Software, and which by virtue of any national or state Fair Trading, Trade Practices or other consumer legislation may not be modified or excluded. If permitted by such legislation, however, Asymetrix's liability for any breach of any such warranty or condition shall be and is hereby limited to either: (i) the supply of such Software again or; (ii) the correction of any defect in such Software as Asymetrix at its sole discretion may determine to be necessary to correct the defect.
EXCLUSIVE REMEDY. EXCEPT AS OTHERWISE PROVIDED HEREIN, YOUR EXCLUSIVE REMEDY AND ASYMETRIX'S AND ITS SUPPLIERS' ENTIRE LIABILITY ARISING FROM OR IN CONNECTION WITH THE SOFTWARE, MANUALS AND/OR THIS LICENSE (INCLUDING WITHOUT LIMITATIO
