PhotoDisc: Extraordinary Clouds/PhotoDisc: Extraordinary Clouds.iso/pc/RESOURCES/SOFTWARE/Portfolio 3.0.1/Portfolio 301 Installer.exe/_user1.cab/USERSETUP_LANGINDOSIND/license.txt

Text File | 1997-11-18 | 6KB | 106 lines

Software License

This computer program (the "Software") is licensed, not sold, to
you by Extensis Corporation ("Extensis") for use only under the
terms of this License, and Extensis reserves any rights not
expressly granted to you. You own the disk(s) on which the
Software is recorded or fixed, but Extensis and its licensors
retain ownership of the Software itself.

1. License. This License allows you to use one copy of the
Software on a single computer at a time. To "use" the Software
means that the Software is either loaded in the temporary memory
(i.e., RAM) of a computer or installed on the permanent memory of
a computer (i.e., hard disk, CD ROM, etc.). You may use at one
time as many copies of the Software as you have licenses for. You
may install the Software on a common storage device shared by
multiple computers, provided that if you have more computers
having access to the common storage device than the number of
licensed copies of the Software, you must have some software
mechanism which locks-out any concurrent users in excess of the
number of licensed copies of the Software (an additional License
is not needed for the one copy of Software stored on the common
storage device accessed by multiple computers.) If the Software is
installed on the permanent memory of a single desktop computer
(i.e., not a storage device shared by multiple computers) and that
desktop computer is used by one individual for at least 80% of the
time the computer is in use, that same individual may also use a
copy of the Software on a portable or home computer.
You may make one copy of the Software in machine readable form
solely for backup purposes. The Software is protected by copyright
law. As an express condition of this License, you must reproduce
on each copy of the Extensis copyright notice and any other
proprietary legends that were on the original copy supplied by
Extensis.
You may permanently transfer all your rights under this License to
another party by providing to such party all copies of the
Software licensed under this License together with a copy of this
License and all written materials accompanying the Software,
provided that the other party reads and agrees to accept the terms
and conditions of this License.

2. Restrictions. The Software contains trade secrets in its human
perceivable form and, to protect them, YOU MAY NOT REVERSE
ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE
TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT,
TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE
DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Termination. This License is effective until terminated. This
License will terminate immediately without notice from Extensis or
judicial resolution if you fail to comply with any provision of
this License. Upon such termination you must destroy the Software,
all accompanying written materials, and all copies thereof. You
may also terminate this License at any time by destroying the
Software, all accompanying written materials and all copies
thereof.

4. Export Law Assurances. You agree that neither the Software nor
any direct product thereof is being or will be shipped,
transferred or re-exported, directly or indirectly, into any
country prohibited by the United States Export Administration Act
and the regulations thereunder or will be used for any purpose
prohibited by the Act.

5. Limited Warranty and Disclaimer, Limitation of Remedies and
Damages. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL
YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. EXTENSIS WARRANTS THE
DISKETTES ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM
DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR 90 DAYS
FROM PURCHASE, BUT THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS
ARE LICENSED "AS IS".  ALL IMPLIED WARRANTIES AND CONDITIONS
(INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO THE SOFTWARE AND
ACCOMPANYING WRITTEN  MATERIALS AND LIMITED TO 90 DAYS AS TO THE
DISKETTES. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE
THE REPLACEMENT OF THE DISKETTES OR REFUND OF THE PURCHASE PRICE.
IN NO EVENT WILL EXTENSIS OR ITS DEVELOPERS, DIRECTORS, OFFICERS,
EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR
ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE
CLAIM AND EVEN IF EXTENSIS OR AN AUTHORIZED EXTENSIS
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Extensis liability to you for actual damages for any
cause whatsoever, and regardless of the form of the action, will
be limited to the greater of $500 or the money paid for the
Software that caused the damages. THE ABOVE LIMITATIONS WILL NOT
APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT
APPLICABLE LAW REQUIRES SUCH LIABILITY, BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.

6. General. This License will be construed under the laws of the
State of Oregon, except for that body of law dealing with
conflicts of law. If any provision of this License shall be held
by a court of competent jurisdiction to be contrary to law, that
provision will be enforced to the maximum extent permissible, and
the remaining provisions of this License will remain in full force
and effect. If you are a U.S. Government end-user, this License of
the Software conveys only "RESTRICTED RIGHTS", and its use,
disclosure and duplication are subject to Federal Acquisition
Regulations, 52.227-7013 (c) (1) (ii).