CD Sampler/CD Sampler (Creative Multimedia)(CDRM1238220)(1994).ISO/license.txt

Text File | 1994-10-31 | 12KB | 217 lines

CREATIVE MULTIMEDIA SOFTWARE LICENSE

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE
SOFTWARE.  BY USING THE SOFTWARE, YOU AGREE TO THE
TERMS OF THIS LICENSE.

1. License.  The application, demonstration, system and other software
accompanying this License, whether on disk, in read only memory, or on
any other media (the "Software") and related documentation are licensed
to you by Creative Multimedia.  You own the disk on which the Software
is recorded but Creative Multimedia and/or Creative Multimedia's
Licensors retain title to the Software and related documentation.  This
License allows you to use the Software on a single computer.  You may
also transfer all your license rights in the Software, the backup copy
of the Software, the related documentation and a copy of this License to
another party, provided the other party reads and agrees to accept the
terms and conditions of this License.

2.  Restrictions.  The Software contains copyrighted material, trade
secrets and other proprietary material and in order to protect them you
may not decompile, reverse engineer, disassemble or otherwise reduce the
Software to a human-perceivable form.  You may not modify, network,
rent, lease, loan, distribute or create derivative works based upon the
Software in whole or in part.  You may not electronically transmit the
Software from one computer to another or over a network.

3.  Termination.  This License is effective until terminated.  You may
terminate this License at any time by destroying the Software and
related documentation and all copies thereof.  This license will
terminate immediately without notice from Creative Multimedia if you
fail to comply with the provision of this License.  Upon termination you
must destroy the Software and related documentation and all copies
thereof.

4.  Export Law Assurances.  You agree and certify that neither the
Software, nor any other technical data received from Creative
Multimedia, nor the direct product thereof, will be exported outside the
United States except as authorized and as permitted by the laws and
regulations of the United States.

5.  Government End Users.  If you are acquiring the Software on behalf
of any unit or agency of the United States Government, the following
provisions apply.  The Government agrees: (I) if the Software is
supplied to the Department of Defense (DoD), the Software is classified
as "Commercial Computer Software" and the Government is acquiring only
"restricted rights" in the Software and its documentation as that term
is defined in Clause 252.237-7013(c)(I) of the DFARS; and (II) if the
Software is supplied to any unit or agency of the United Sates
Government other than DoD, the
Government's rights in the Software and its documentation will be as
defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in
Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

6. Limited Warranty on Media.  Creative Multimedia warrants the disks on
which the Software is recorded to be free from defects in materials and
workmanship under normal use for a period of ninety (90) days from the
date of purchase as evidenced by a copy of the receipt.  Creative
Multimedia will have no responsibility to replace a disk damaged by
accident, abuse or misrepresentation.  ANY IMPLIED WARRANTIES ON THE
DISCS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS
FROM THE DATE OF DELIVERY.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION
TO JURISDICTION.

7.  Disclaimer of Warranty on Software.  You expressly acknowledge and
agree that use of the Software is at your sole risk.  The Software and
related documentation are provided "AS IS" and without warranty of any
kind and Creative Multimedia and Creative Multimedia's Licensor(s) (for
the purposes of provisions 7 and 8, Creative Multimedia and Creative
Multimedia's Licensor(s) shall be collectively referred to as "Creative
Multimedia") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.  CREATIVE MULTIMEDIA DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED.  FURTHERMORE, CREATIVE MULTIMEDIA DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE.  NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY CREATIVE MULTIMEDIA OR A CREATIVE MULTIMEDIA AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY.  SHOULD THE SOFTWARE BE DEFECTIVE, YOU (AND NOT
CREATIVE MULTIMEDIA OR A CREATIVE MULTIMEDIA AUTHORIZED REPRESENTATIVE)
ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.

8.  Limitations of Liability.  UNDER NO CIRCUMSTANCES INCLUDING
NEGLIGENCE, SHALL CREATIVE MULTIMEDIA BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED
DOCUMENTATION, EVEN IF CREATIVE MULTIMEDIA OR A CREATIVE
MULTIMEDIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall Creative Multimedia's total liability to you for all
damages, losses and causes of action (whether in contract, tort
(including negligence or otherwise)) exceed the amount paid by you for
the Software.

9. Controlling Law and Severability.  This License shall be governed by
and construed in accordance with the laws of the United States and the
State of Oregon as applied to agreements entered into and to be
performed entirely within Oregon and between Oregon residents.  If for
any reason a court of competent jurisdiction finds any provision of this
License, or portion thereof, to be unenforceable, that provision of the
License shall be enforced to the maximum extent permissible so as to
effect the intent of the parties and the remainder of this License shall
continue in full force and effect.

10.  Complete Agreement.  This License constitutes the entire agreement
between the parties with respect to the use of the Software and related
documentation, and supersedes all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject
matter.  No amendment to or modification of this License will be binding
unless in writing and signed by a duly authorized representative of
Creative Multimedia.

Warranty Disclaimer:

CREATIVE MULTIMEDIA'S LICENSOR(S) MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
PARTICULAR PURPOSE, REGARDING THE SOFTWARE.  CREATIVE
MULTIMEDIA'S LICENSOR(S) DOES NOT WARRANT, GUARANTEE OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS
CORRECTNESS 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.

Disclaimer of Liability:

IN NO EVENT WILL CREATIVE MULTIMEDIA'S LICENSOR(S) AND
THEIR DIRECTORS, OFFICERS, EMPLOYERS OR AGENTS (COLLECTIVELY
CREATIVE MULTIMEDIA'S LICENSOR(S)) BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION,