home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Windows 6-Pak - Disc 6
/
Windows 6-Pak (InfoMagic) (Disc 6) (1999).ISO
/
Video-Animation-Tools
/
g30r40.exe
/
data1.cab
/
Program_Executable_Files
/
license.txt
< prev
next >
Wrap
Text File
|
1998-11-18
|
6KB
|
134 lines
PRESCIENT SYSTEMS (TM)
END USER SOFTWARE LICENSE AGREEMENT
BY CLICKING ON THE "ACCEPT" BUTTON, DOWNLOADING
THE SOFTWARE OR OPENING THE PACKAGE, YOU ARE
CONSENTING TO BE BOUND BY AND ARE BECOMING A
PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD
THE SOFTWARE, OR CLICK THE "DO NOT ACCEPT" BUTTON,
AND, IF APPLICABLE, RETURN THIS PRODUCT TO PRESCIENT
SYSTEMS.
THIS END USER SOFTWARE LICENSE AGREEMENT (the
"Agreement") is made between you, the end user
("You"), and Prescient Systems, a California
corporation ("Prescient Systems").
1. Use of Software.
Prescient Systems hereby grants to You a non-exclusive
license to use its accompanying proprietary GOTCHA!(TM)
Recreational Video Capture Software product (the
"Software") on a single computer on a hard disk or
other storage device. You may make a reasonable number
of backup copies of the Software. YOU ARE EXPRESSLY
PROHIBITED FROM MAKING COPIES OF THE SOFTWARE FOR ANY
PURPOSE OTHER THAN BACKUP OF YOUR PURCHASED COPY.
You are expressly prohibited from selling, renting,
leasing or otherwise distributing copies of the Software.
You are expressly prohibited from transmitting the
Software to any point outside the United States for
any reason. You may not use the Software for any use
prohibited by law.
2. Intellectual Property Protection.
The Software, including its operation, code, architecture
and implementation, as well as the look and feel of the
Software are the valuable intellectual property of
Prescient Systems. The Software is protected by United
States copyright laws and international treaty provisions.
This Agreement does not give You any intellectual property
rights in the Software. You agree not to modify, translate,
disassemble, decompile, reverse engineer, create derivative
works of, or make any other attempt by any means to discover
or obtain the source code for the Software.
3. Limited Warranty.
Prescient Systems warrants that the Software will perform
substantially in accordance with Prescient Systems'
published specifications therefor for a period of ninety
(90) days from the date You acquire the Software. Prescient
Systems' sole liability for any breach of this warranty shall
be, in Prescient Systems' sole discretion: (i) to repair or
replace the Software or (ii) to refund the license fee You
paid for the Software. Any replacement Software will be
warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer.
THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE
BY PRESCIENT SYSTEMS. PRESCIENT SYSTEMS MAKES NO OTHER
WARRANTY, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER
APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN
DURATION TO THE ABOVE LIMITED WARRANTY PERIOD. SOME STATES
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO
PRESCIENT SYSTEMS' DEALER, AGENT OR EMPLOYEE IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY. If any modifications are made to the Software by
You during the warranty period; if the Software is subjected
to accident, abuse or improper use; or if You violate the
terms of this Agreement; then this warranty shall
immediately be terminated.
4. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL PRESCIENT SYSTEMS OR ITS
SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES EVEN IF PRESCIENT SYSTEMS SHALL HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE IS
CONFIGURED FOR RECREATIONAL USE ONLY AND IT IS NOT
INTENDED FOR USE AS A SECURITY OR PROTECTION SYSTEM.
PRESCIENT SYSTEMS SHALL BE HELD HARMLESS FOR ANY LOSSES,
REAL OR PERCEIVED, THAT OCCUR RELATING TO THE USE OF
THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
5. Termination.
Your license to use the Software is terminated if You
violate this Agreement. Upon termination, You must
destroy all copies of the Software.
6. General Provisions.
This Agreement is the exclusive agreement between You
and Prescient Systems concerning the Software and
supersedes any and all prior or contemporaneous oral or
written agreements, representations, negotiations or
other dealings between You and Prescient Systems.
This Agreement will be governed by the laws of the State
of California applicable to contracts executed and performed
entirely in California by residents of that State.
If any part of this Agreement is found to be void,
unenforceable or invalid, it shall not affect the other
provisions of this Agreement. This Agreement can only
be modified by a writing signed by both parties.
Prescient Systems, GOTCHA!, Personal Observation Ware
and "...give your camera a mind of its own" are
trademarks of Prescient Systems. Prescient Systems has
a U.S. patent protecting the motion detection
properties of GOTCHA!.