SGI Hot Mix 14/Hot Mix 14.iso/HTML/vendors/cdr/software/LICENSE.TXT

Text File | 1996-07-25 | 9KB | 160 lines

PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL DOCUMENT BETWEEN YOU
(HEREINAFTER "LICENSEE") AND CREATIVE DIGITAL RESEARCH. BY OPENING THIS
PACKAGE, BREAKING ANY SEALS, AND/OR USING THE ENCLOSED OR ACCOMPANYING SOFTWARE
AND/OR ITS DOCUMENTATION ("SOFTWARE"), LICENSEE IS AGREEING TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE SOFTWARE LICENSE AND
DISCLAIMER OF SOFTWARE WARRANTY CONTAINED HEREIN. IF LICENSEE IS NOT WILLING TO
BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, LICENSEE SHOULD NOT OPEN
THE PACKAGE, BREAK ANY SEALS, OR USE THE SOFTWARE, AND SHOULD PROMPTLY RETURN
THE UNOPENED PACKAGE AND THE SOFTWARE TO THE PLACE WHERE LICENSEE OBTAINED IT,
FOR A FULL REFUND.

After payment of applicable license fees, Licensee shall
own the media on which Creative Digital Research(CDR) originally provides
SOFTWARE to Licensee hereunder, or on which Licensee subsequently records
SOFTWARE, but CDR shall retain ownership of all copies of SOFTWARE or portions
thereof embodied in such media.


1. GRANT OF LICENSE; USE RESTRICTIONS. In consideration for Licensee's payment
of the applicable license fee, CDR grants to Licensee a personal,
nontransferable (except as provided below), and non-exclusive right to use
SOFTWARE, solely for the Licensee's internal business purposes on a single
machine. Under no circumstances may Licensee use or allow the use of SOFTWARE
in any manner on more than one machine at one time. Licensee agrees that
it shall not reverse compile or disassemble any portion of SOFTWARE. Prior to
disposing of any media or apparatus containing SOFTWARE, Licensee will ensure
that Licensee has completely erased or otherwise destroyed any SOFTWARE
contained on such media or stored in such apparatus. Licensee may not modify,
adapt, translate, distribute, provide access to via a network, lease, loan, or
resell for profit SOFTWARE or any portion thereof.


2. COPY RESTRICTIONS. In order to effect its license rights hereunder,
Licensee may install SOFTWARE on the hard disk drive of a machine for use
thereon and may make copies of SOFTWARE, only as necessary for backup or
archival purposes to support the right to use licensed herein, provided,
however, that in no event may any full or partial copies of SOFTWARE be stored
on more than one machine at the same time. Licensee agrees that (i) CDR shall
own all such copies of SOFTWARE, (ii) Licensee's use and possession of such
copies shall be subject solely to the terms of this Agreement. and (iii)
Licensee shall place the same proprietary and copyright notices and legends on
all such copies as included by CDR on the authorized copy of SOFTWARE
originally provided by CDR.


3. OWNERSHIP OF SOFTWARE. Licensee agrees that no title to SOFTWARE, or the
intellectual property in any SOFTWARE, or in any SOFTWARE copy, is transferred
to Licensee hereunder or otherwise, and that CDR and its licensors reserve all
rights not expressly granted to Licensee hereunder.


4. TRANSFER RESTRICTIONS. If Licensee transfers ownership to or otherwise
disposes of the machine, Licensee may transfer SOFTWARE and all licenses and
rights in SOFTWARE granted under this Agreement to such transferee provided
that: (a) the transferee agrees to accept the terms and conditions of this
Agreement, and (b) Licensee also transfers all SOFTWARE copies to such
transferee. Except as provided above, or with CDR's prior written consent,
neither this Agreement nor any rights or obligations under this Agreement, in
whole or in part, shall be sublicensed, assigned or otherwise transferred and
any attempt to sublicense, assign or transfer this Agreement or any rights or
obligations under this Agreement shall be null and void.


5. COPYRIGHT. THIS SOFTWARE PROGRAM AND ACCOMPANYING WRITTEN MATERIALS IS A
PROPRIETARY PRODUCT OF CREATIVE DIGITAL RESEARCH AND IS PROTECTED BY COPYRIGHT
LAWS AND INTERNATIONAL TREATY. YOU MUST KEEP THE SOFTWARE PROGRAM IN STRICT
CONFIDENCE AND TREAT IT LIKE ANY OTHER COPYRIGHTED MATERIAL. YOU MAY NOT COPY
THE WRITTEN MATERIALS ACCOMPANYING THE SOFTWARE PROGRAM.


6. ENFORCEMENT OF TERMS; TERMINATION. If Licensee fails to fulfill any of its
material obligations under this Agreement, CDR and/or its licensors may pursue
all available legal remedies to enforce this Agreement, and CDR may, at
any time after a default by Licensee hereof, terminate this Agreement and all
licenses granted to Licensee under this Agreement. Licensee shall, within
ten (10) days after such termination, deliver to CDR all removable media and
documentation concerning the SOFTWARE, and shall render unusable all SOFTWARE
placed in any storage apparatus. CDR's licensors referenced in the SOFTWARE
and DOCUMENTATION are third-party beneficiaries of this Agreement as it
relates to their intellectual property.


7. GOVERNING LAW. This Agreement shall be governed by and interpreted in
accordance with California law, excluding its choice of law rules.

U.S. GOVERNMENT USERS. If SOFTWARE is acquired by or on behalf of an entity of
the United States Government, the following provision applies:

U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND

Use, duplication or disclosure of SOFTWARE by the Government is subject to
restrictions as set forth in FAR 52.227-19(c)(2) or subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer SOFTWARE clause at DFARS 252.227-
7013 and/or in similar or successor clauses in the FAR, or the DOD or NASA FAR
supplement. Unpublished-rights reserved under the Copyright Laws of the United
States.

Contractor/manufacturer is CREATIVE DIGITAL RESEARCH, 7291 Coronado Drive, San
Jose, CA 95129.


8. DISCLAIMER OF SOFTWARE WARRANTY. CDR PROVIDES SOFTWARE "AS IS" AND WITHOUT
WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY CDR EMPLOYEE
REPRESENTATIVE OR DISTRIBUTORS WILL CREATE A WARRANTY FOR THE SOFTWARE,
AND LICENSEE MAY NOT RELY ON SUCH INFORMATION OR ADVICE.


9. LIMITED WARRANTY ON MEDIA. CDR warrants the media on which SOFTWARE is
recorded and provided under this Agreement to be free from defects in materials
and workmanship under normal use. CDR's warranty and obligation shall extend
for a period of thirty (30) days after the date of the original delivery of
SOFTWARE to Licensee, and is solely for the benefit of Licensee, who has no
authority to assign or pass through this warranty to any other person or entity.
CDR will, at its sole option, replace defective media, or refund the purchase
price of the replacement media provided Licensee returns the defective media
with proof of a replacement purchase to CDR or an authorized CDR representative.
This warranty shall not apply if CDR determines that the media may have been
damaged by abuse, accident or misapplication.

THE FOREGOING WARRANTY SETS FORTH CDR'S ENTIRE LIABILITY AND LICENSEE'S
EXCLUSIVE REMEDY FOR ANY DEFECTS IN ANY MEDIA AND IS IN LIEU OF, AND CDR
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.


11. LIMITATION OF LIABILITY. EXCEPT AS PROVIDED IN SECTION 9 ABOVE, IN NO
EVENT SHALL CDR OR ITS LICENSORS BE LIABLE TO LICENSE FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT
LIMITATION LOSS OF DATA, USE, PROFITS OR GOODWILL, OR PROPERTY DAMAGE),
WHETHER OR NOT CDR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY.


12. LAWS GOVERNING WARRANTIES AND LIABILITY. The law(s) of a jurisdiction
may define the scope of warranty to be provided for software or the manner
in which liability of a supplier of software is limited, and such law(s)
shall govern this Agreement only to the extent a party protected by such
law(s) cannot waive the protection thereof by contract. In the U.S., some
states for not allow the limitation or exclusion of liability for incidental
or consequential damages or allow the exclusion of implied warranties, so
the limitation and exclusion above may not apply to Licensee, and Licensee
may have other rights that vary from state to state.


13. CDR Publisher is not intended to be used to illegally duplicate
copyrighted CDs.  Creative Digital Research takes no responsibility
for any illegal use of this product by the end user.


CREATIVE DIGITAL RESEARCH
A Desktop CD-ROM Publishing Company
7291 Coronado Drive, San Jose, CA 95129
Tel:[phone]  FAX:[phone]