IMPORTANT-READ CAREFULLY: This End-User License Agreement ("License") is a legal agreement between you and Stomp Inc. ("Stomp"), the manufacturer of Click'N Design 3D software. All Stomp software and third party software shall be referred to herein as the STOMP SOFTWARE. This License covers only the STOMP SOFTWARE. The STOMP SOFTWARE includes computer software, the associated media, any printed materials, and any "on-line" or electronic documentation. By installing, copying or otherwise using the STOMP SOFTWARE, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, Stomp is unwilling to license the STOMP SOFTWARE to you. In such event, you may not use or copy the STOMP SOFTWARE , and you should promptly contact Stomp for instructions on return of the unused product(s) for a refund of the purchase price of the STOMP SOFTWARE.
STOMP SOFTWARE LICENSE
The STOMP SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The STOMP SOFTWARE is licensed, not sold.
GRANT OF LICENSE. This License grants you the following rights:
* Software. You may install and use one copy of the STOMP SOFTWARE on a single computer.
* Storage/Network Use. You may not use the STOMP SOFTWARE over an internal network or distribute the STOMP SOFTWARE to your other computers over an internal network.
* Back-up Copy. You may create one (1) back-up copy of the STOMP SOFTWARE. You may use the back-up copy solely for archival purposes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
* Limitation on Reverse Engineering, Decompilation and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the STOMP SOFTWARE in whole or in part.
* Separation of Components. The STOMP SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
* Single COMPUTER. The STOMP SOFTWARE is licensed for use on a single computer. The STOMP SOFTWARE may only be used on a single computer at a time.
* Rental. You may not rent or lease the STOMP SOFTWARE.
Software Transfer. You may permanently transfer all of your rights under this License only as part of a sale or transfer of the software, provided you retain no copies, transfer all of the STOMP SOFTWARE (including all copies, component parts, the media and printed materials, all versions and any upgrades of the STOMP SOFTWARE and this License), and the recipient agrees to the terms of this License.
* Termination. Without prejudice to any other rights, Stomp may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the STOMP SOFTWARE and all of its component parts.
COPYRIGHT. All title and copyrights in and to the STOMP SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets," incorporated into the STOMP SOFTWARE), and any copies of the STOMP SOFTWARE, are owned by Stomp or its suppliers. All rights not specifically granted under this License are reserved by Stomp.
HIGH RISK ACTIVITIES. The STOMP SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the STOMP SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Stomp and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
U.S. GOVERNMENT RESTRICTED RIGHTS. THE SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Stomp Inc., 2302 Barranca, Irvine, CA 92606.
LIMITED WARRANTY
LIMITED WARRANTY ON CD-ROM MEDIA. Stomp warrants that for a period of ninety (90) days from the date of its delivery to you the CD-ROM media on which the STOMP SOFTWARE is furnished to you will be free from defects in materials and workmanship under normal use. This limited warranty extends only to you as the original licensee. Stomp's entire liability and your exclusive remedy will be replacement of the CD-ROM media not meeting Stomp's limited warranty and which is returned to Stomp with proof of purchase in the form of a bill of sale (which is evidence that the CD-ROM media is within the warranty period). Stomp will have no responsibility to replace a disc damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE CD-ROM MEDIA, 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. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
EXCLUSION OF WARRANTY ON STOMP SOFTWARE. You expressly acknowledge and agree that use of the STOMP SOFTWARE is at your sole risk. The STOMP SOFTWARE is provided "AS IS" and without warranty of any kind and Stomp and Stomp's LICENSORS (hereinafter, Stomp and Stomp's LICENSORS shall be collectively referred to as "Stomp") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STOMP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE STOMP SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE STOMP SOFTWARE WILL BE CORRECTED. FURTHERMORE, STOMP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE STOMP SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STOMP OR A STOMP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE STOMP SOFTWARE PROVE DEFECTIVE. YOU (AND NOT STOMP OR A STOMP 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.
LIMITATION OF LIABILITY
HEREINAFTER, STOMP AND STOMP'S LICENSOR'S SHALL BE COLLECTIVELY REFERRED TO AS "STOMP." STOMP SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THIS PRODUCT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO , LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND PURCHASER'S TIME, EVEN IF STOMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, STOMP'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU ALLOCABLE TO THE STOMP SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
GUIDELINES FOR THE USE OF CLIPART AND PHOTOGRAPHIC IMAGES
This product may contain numerous clipart and photo images referred to herein as the "Images", which are either owned by STOMP or licensed from a third-party. As a user of the STOMP SOFTWARE you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use is in compliance with the Guidelines set out below, we recommend that you seek the advice of your own attorney or legal counsel. STOMP will not provide you with an opinion as to whether your use is in compliance with these Guidelines.
YOU MAY, subject to any restrictions set out below:
* Incorporate the Images into your own original work and publish, display and distribute your work in any media. You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or web page. For example, the Images may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, persons may be provided with copies of the Images (including digital files) as an integral part of a work product, but may not be provided with the Image or permitted to use the Images separately or as part of any other product;
* Make one (1) copy of the Images for archival purposes.
YOU MAY NOT create scandalous, obscene, defamatory or immoral works using the Images nor use the Images for any other purpose which are prohibited by law;
* Use or permit the use of the Images or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Images or any part thereof;
* Use the Image(s) in electronic format, on-line or in multimedia applications unless the Images are incorporated for viewing purposes only and no permission is given to download and/or save the Images for any reason.
Should you have any questions concerning this license or limited warranty, you may contact Stomp by writing to: Stomp Inc. Attention: Product Marketing, 2302 Barranca, Irvine, CA 92606
