BY USING THE ENCLOSED CD-ROM YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (this "Agreement"). If you do not agree with the terms and conditions of this Agreement, return the CD-ROM, UNUSED, to your place of purchase within 15 days of the date of purchase.
License Grant: Digital Arts & Sciences Corporation ("DAS"), its licensor(s), and its licensee grant you a non-exclusive right to use the enclosed CD-ROM (the "Product") including all software, images, text, documentation and all other content contained therein on a single central processing unit. You may make one copy of the software contained in the Product for back up purposes only, provided you keep possession of the back up copy. The back up copy shall be subject to the terms of this Agreement. You agree that you will not copy (except for the back up copy of the software), modify, translate, reverse engineer, decompile or disassemble the Product except to the extent, and for the purposes, permitted under applicable copyright law. You may not rent, lease or loan the Product. You may assign your rights under this Agreement to a third party if, prior to such assignment, such third party notifies DAS and its licensee that it agrees to be bound by this Agreement. Simultaneous with any such assignment, you must transfer all copies of the Product to the assignee or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this Agreement.
Copyright Notices: ImageAXS-CD copyright ⌐1992-1997 Digital Arts & Sciences Corporation. Portions Copyright ⌐1984-1997 FairCom Corporation. ImageAXS-CD was written with MacApp¿: ⌐1985-1997 Apple Computer, Inc. The MacApp software is proprietary to Apple Computer, Inc. and is licensed to DAS for distribution only for use in combination with ImageAXS. QuickTime and the QuickTime Logo are trademarks of Apple Computer, Inc. used under license. No part of the contents of this CD-ROM product may be reproduced, altered or transmitted in any form or by any means without the written permission of DAS or the copyright holders of the content..
Copyright Ownership: Except as expressly provided herein, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Product. You acknowledge that title and full ownership rights to the Product remain the exclusive property of DAS or its licensor(s). You agree not to remove any proprietary notices, labels or marks on the Product.
Term: This license is effective upon the first use of the Product and will continue until terminated. DAS and its licensor(s) have the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon such termination you must destroy the original and any copies of the Product.
Warranty Disclaimer: THE PRODUCT IS PROVIDED "AS IS." DAS AND ITS LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. Some states and provinces do not allow the exclusion of implied warranties or conditions, so the above exclusion may not apply to you. In that event, all implied warranties or conditions are limited in duration to 90 days from the date of first use of the Product. This warranty gives you specific legal rights. You may also have other rights which vary from state to state or province to province.
Limit of Liability: IN NO EVENT WILL DAS OR ITS LICENSOR(S) AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING ANY LOST PROFITS OR LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF A REPRESENTATIVE OF DAS OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY PARTY. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. DAS' and its licensor(s)╒ liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to $50.
Government Use: Use, duplication, or disclosure of the Product by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of DFARS 252.227-7013 and subparagraphs (a) through (d) of FAR 52.227-19. Contractor/Manufacturer is: DAS, 1301 Marina Village Parkway, Alameda, CA 94501.
Export: You agree that you will not export or re-export the Product without the appropriate United States or foreign government licenses.
General: You acknowledge that you have read this Agreement, understand it and that it is the complete and exclusive statement of your agreement with DAS, its licensor(s), and its licensee regarding the Product, and that it supersedes any prior agreement, oral or written, between you and DAS, its licensor(s), and its licensee. No variation of the terms of this Agreement will be enforceable against DAS, its licensor(s), and its licensee unless DAS gives its express consent, in writing signed by an officer of DAS. This Agreement will be governed by the laws of the State of California.
