Canvas License Agreement

LICENSE AGREEMENT

THIS IS A CONTRACT. BY OPENING ANY OF THE SEALED SOFTWARE CONTAINERS SHIPPED WITH THE PRODUCT, OR BY REGISTERING THE PRODUCT, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you do not agree with the terms and conditions of this Agreement, do not continue with the on-line registration process and return the entire package and the UNOPENED software containers to your place of purchase for a full refund.

1. Definitions

"Deneba" means Deneba Systems, Inc., a Florida Corporation d/b/a Deneba Software.
"Software" means the software programs included in the package.
"Fonts" means all font software included in the package.
"Clip Art" means all art, templates, and photos included in the package.
"Product" means all Software, Fonts, Clip Art, manuals and other related documentation included in the package as well as all future related updates supplied by Deneba.

2. License: Deneba grants to you and you hereby accept a license to use the Product and all related materials delivered with this AGREEMENT as follows:

The Software and Clip Art may be installed in one computer and may be used by more than one person on that computer; however, in no event shall two or more persons use the Software and Clip Art at the same time. This restriction applies regardless of how many operating platform versions (e.g. Macintosh®and Windows), language versions (e.g. English, German) or media copies (e.g. diskette or CD-ROM) may be included in this Product.
You may make one copy of the Software, Clip Art and Fonts in machine-readable form for archival backup purposes only. As an express condition of this allowance you must reproduce on each backup copy any copyright notice or other proprietary notice that is on the original copy supplied by Deneba.
You may transfer the entire Product and all rights granted herein on a permanent basis provided you retain no copies, the recipient agrees to the terms of this Agreement, and you notify Deneba in writing of the transfer of ownership.
You may use the Fonts on a single computer and printer. A printer includes any output device such as, but not limited to, dot matrix, ink jet or laser printers, film recorders and image-setters. When using an outside service bureau, one copy of the Fonts may accompany the document in which the Fonts have been used. You must remove this copy from the service bureau's storage media upon completion of the service.
You have the right to use, modify, and include Clip Art as illustrative or decorative material that is included as part of a total original graphic of your own design for use in print, film or computer media communications.

3. Restrictions

You may not make or distribute copies of the Product. You should be aware that it is unlawful to copy, reproduce, or transmit any part of the Product in any form or by any means (including translation to another language, computer language, or format) except as permitted by the Copyright Act of the United States (Title 17, United States Code). You are permitted to write the contents of the Software into the machine memory of your computer so that the software can be executed.
You may not install this program on a network server nor lend usage of a copy of this software with metering software. These types of usage require a special license, unless a copy of this software is owned for each user on that network or each computer connected to that network. For information on this expanded license usage see section 4, Supplementary Licenses in this agreement.
In order to protect Deneba trade secrets contained therein which may be revealed by such action, you may not reverse engineer, decompile, disassemble or otherwise reduce the Software or Fonts to any human readable or perceivable form.
You may not modify, rent, resell for profit, distribute or create derivative works based on the Software or any part thereof.
You may not resell or otherwise distribute the Clip Art contents, whether by themselves or as part of another collection, whether as computer images, printed images or any other medium. These restrictions apply to modifications of the Clip Art, whether or not they constitute derivative works under U.S. copyright laws, as well as to the original Clip Art.
You agree not to modify, adapt or create derivative works based on the Fonts. Unauthorized copying of the Fonts, even if modified, merged, or included with other software is expressly forbidden.
You agree not to export or reexport the Product into any country prohibited by the United States Export Administration Act.

4. Supplementary Licenses: If you wish to enter into a site license, network license or concurrent-use license agreement, or for more information on licensing the Fonts for additional printers, please contact Deneba.
5. Termination: Any failure to comply with the terms and conditions of this Agreement will result in automatic termination of this license. Upon termination of this license for any reason, you agree to destroy all copies of the Product.
6. Software Updates: Deneba may from time to time, at its own discretion, provide you with updates to the manuals and/or Software. Deneba reserves the right to provide these updates for a fee. You may refuse to accept the updates. By accepting the updates, you agree to destroy all prior copies and versions of the Software and manuals (if applicable). Only then will the License granted to you by this Agreement transfer to the updated Software.
7. Ownership: This license gives you limited rights to use the Software, Fonts and Clip Art. Although you own the disks and CDs on which these are recorded, you do not become owner of the Software, Fonts and Clip Art, to which Deneba and/or its licensors retain all title to. All rights not specifically granted herein, including but not limited to Federal and International Copyrights, are reserved worldwide by Deneba.
8. Limited Warranty and Disclaimer, Limitation of Remedies and Damages: You hereby acknowledge that you are solely responsible for selecting the Product and that the Product may not satisfy all your requirements or be free from defects. Deneba specifically does not warrant that the Software will operate uninterrupted or error free. You therefore agree to license the Product "AS IS." Notwithstanding the foregoing, Deneba warrants to you (the original purchaser), that if you discover physical defects in the media on which the Software, Fonts and Clip Art is recorded, or in the manuals distributed with the Product, Deneba will replace the media or manuals at no charge, provided you return the defective items, postage prepaid and with proof of purchase, within 90 days of the date of original purchase. Your exclusive remedy for breach of warranty will be the replacement of the diskettes, CDs or manuals or the refund of the purchase price.

Deneba reserves the right to revise the Product without obligation to notify any person of such revision. In no event shall Deneba or its developers, directors, officers, employees or affiliates be liable to you for any indirect, special, incidental, or consequential damages (including damages for loss of business profits or goodwill, business interruption or loss of business information), resulting from any defect in the Product whether foreseeable or not, arising out of the use or inability to use the Product. Deneba's liability to you or others for actual damages for any cause whatsoever, will in no event exceed the lesser of US$500 or the amount paid by you for the Product that caused the damages. In particular, Deneba shall have no liability for any data stored in or used with Deneba Products, including the cost of recovering such data.

EXCEPT AS SPECIFICALLY STATED HEREIN, DENEBA MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE, MEDIA, CLIP ART, FONTS OR MANUALS INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED TO (90) NINETY DAYS FROM THE DATE OF DELIVERY. No Deneba dealer, agent, or employee is authorized to make any modification, extension, or addition to this warranty.

Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion 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.

9. U.S. Government Restricted Rights: This Deneba Product is "Restricted Computer Software." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Deneba Systems, Inc., 7400 S.W. 87th Avenue, Miami, Florida 33173.
10. General: This agreement shall be governed by the laws of the State of Florida. This document contains the entire agreement between you and Deneba with respect to the subject matter hereof and supersedes all prior agreements between you and Deneba. All questions concerning this agreement should be sent to: Deneba Systems, Inc., Attn. Chief Financial Officer, 7400 S.W. 87th Avenue, Miami, Florida 33173.

LICENSES, TRADEMARKS AND COPYRIGHTS

Canvas Software was designed, programmed and is Copyright ©1985-1997 Deneba Systems, Inc. All Rights Reserved. Canvas and Deneba are trademarks of Deneba Systems, Inc. and may be registered in certain jurisdictions. Contains an implementation of the LZW algorithm licensed under U.S. Patent 4,558,302 and foreign counterparts. The Proximity/Merriam-Webster Hyphenation System ©1990 Merriam-Webster, ©1990 All rights reserved Proximity Technology, Inc. ImageStream®Graphics & Presentation Filters Copyright ©1991-1997 Inso Corporation All Rights Reserved. Portions of the graphics filters ©1997 Access Softek. Trumatch 4-Color Selector ©1997 Trumatch, Inc. Toyo Color Finder and Color Data Copyright ©1997 Toyo Ink Mfg. Co., Ltd.

Mac OS, QuickDraw, QuickDraw 3D, QuickTime, TrueType and System 7 are trademarks, and Apple, LaserWriter, Macintosh and Power Macintosh are registered trademarks of Apple Computer, Inc. Windows, Windows 95, Windows NT are trademarks of Microsoft Corp. Adobe, Adobe Illustrator, Adobe Photoshop, and PostScript are trademarks of Adobe Systems, Inc. which may be registered in certain jurisdictions. QuickHelp is a trademark of Altura Software, Inc. Toyo is a trademark of Toyo Ink Manufacturing Co., Ltd. Trumatch is a registered trademark of Trumatch Inc. MacPaint is a registered trademark of Claris Corp. Photo CD is a trademark and KODAK is a registered trademark of Eastman Kodak Co. PANTONE®* Computer Video simulations used in this product may not match PANTONE-identified solid color standards. Use current PANTONE Color Reference Manuals for accurate color. *PANTONE Color Computer Graphics ©Pantone, Inc. 1986, 1988. Pantone, Inc. is the copyright owner of PANTONE Color Computer Graphics and Software which are licensed to DENEBA SOFTWARE to distribute for use only in combination with Canvas. PANTONE Color Computer Graphics and Software shall not be copied onto another diskette or into memory unless as part of the execution of Canvas. All other brand and product names are the property of their respective holders.

CLIP ART Copyright ©1986-1997 Deneba Systems, Inc. Portions licensed from Produktum AB, C.A.R. Inc., Artbeats Software, Inc., SuperClip, Inc., ARISEN, Corp., RT Computer Graphics, Inc., Advanced System Design, Inc.