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Aimtech Test Drive
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Aimtech Test Drive - Icon Author & CBT Express (Aimtech Corporation)(1996).iso
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license.txt
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1995-12-14
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13KB
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284 lines
AimTech Corporation
Electronic End User License Agreement
NOTICE TO USER:
THIS IS A CONTRACT. BY INDICATING YOUR ACCEPTANCE
BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT.
ICONAUTHOR LICENSE AGREEMENT
This is a legal agreement (this "Agreement") between you
(either an individual or an entity) and AimTech Corporation
("AimTech"). This Agreement is part of a package (the
"Package") that also includes a sealed CD-ROM disk or sealed
diskettes (collectively, the "Disk") and certain written
materials (the "Documentation").
DO NOT USE THIS DISK UNTIL YOU HAVE READ THIS AGREEMENT.
BY CONTINUING WITH THIS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE
READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT,
UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
YOU UNDERSTAND THAT, IF YOU PURCHASED THE PACKAGE FROM
AN AUTHORIZED RESELLER OF AIMTECH, THAT RESELLER IS NOT
AIMTECH'S AGENT AND IS NOT AUTHORIZED TO MAKE ANY
REPRESENTATIONS OR WARRANTIES ON AIMTECH'S BEHALF NOR TO
VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. IN
ADDITION, YOU ACKNOWLEDGE THAT, UNLESS OTHERWISE AGREED BY
THAT RESELLER IN WRITING OR PROHIBITED BY LAW, THE LIMITATIONS
OF WARRANTIES AND LIABILITY SET FORTH IN THIS AGREEMENT ALSO
APPLY TO AND BENEFIT THAT RESELLER.
If you do not agree to the terms of this
Agreement, promptly return the entire Package, including the
Disk case and the Documentation, to the place you
obtained them for a full refund.
1. LICENSE GRANT.
AimTech and its suppliers hereby grant you a personal, non-
exclusive, non-transferable license (the "License") to use one
copy of the digitized audio, video, and other media included
on the Disk (the "Media"), one copy of the computer software
programs and other software products included on the Disk (the
"Software"), and one copy of the Documentation, all in
accordance with the terms and conditions of this Agreement.
AimTech and its suppliers retain title to and all copyright
and other intellectual property rights in the Software, the
Documentation, and the Media. You are not granted any right,
title, or interest in the Software, the Documentation, or the
Media, except the right to use them in accordance with this
Agreement. Any rights not expressly granted are reserved to
AimTech or its suppliers.
2. GENERAL USE LIMITATIONS.
When operated, the Software and the Media must be resident
only on a single computer (or, if applicable, on a licensed
computer network) of a type for which the Software and the
Media were designed to be used. A "licensed computer network"
is a computer network on which you have been separately
licensed by AimTech to use the Software and the Media on such
terms and conditions as AimTech and you may agree. You may
not use the Software or the Media, nor may you provide or
otherwise make them available for use, in any multiple-user
arrangement or remote access arrangement without a separate
written license from AimTech. You may not rent or lease the
Software or the Media, but you may transfer the Software and
the Media from one computer to another provided the Software
and the Media are in use on only one computer at a time. The
Software and the Media are "in use" on a computer when they
are loaded into temporary memory (i.e., RAM) or installed into
the permanent memory (e.g., hard disk, CD-ROM, or other
storage device) of that computer. You may also transfer the
Software, the Documentation, and the Media on a permanent
basis provided you retain no copies and the recipient agrees
in writing to the terms of this Agreement.
3. COPYRIGHT.
The Software and the Media are owned by AimTech or its
suppliers and are protected by United States copyright law and
international treaty provisions. Therefore, you must treat
the Software and the Media like any other copyrighted material
(e.g., a book or musical recording). You may not copy (except
as otherwise expressly permitted by this Agreement or by
United States copyright law) the Software or the Media,
nor may you copy the Documentation. Except as expressly
permitted by this Agreement, you may not modify, adapt,
translate, decompile, disassemble, or reverse engineer
the Software or the Media in any manner, you may not
merge or embed the Software or the Media into any other
computer program or work, and you may not create derivative
works of the Software or the Media.
4. SPECIFIC RESTRICTIONS.
A. The REDIST Directory.
The Disk contains a directory named "REDIST" (the
"Directory"). You are authorized (a) to copy, modify, and otherwise
manipulate the Media located in the Directory into interactive
IconAuthor applications (the "IA Applications") that you
develop for your own internal use, (b) to copy and use
internally the IA Applications, and (c) to prepare, through
use of the Software, a copy of any IA Application that you
develop using the Media located in the Directory (a
"Distributable IA Application") for distribution to and use by
third parties. You may not otherwise copy, modify, or
manipulate any of the Media located in the Directory. The
limited permissions contained in this paragraph DO NOT apply
to any other directory on the Disk.
B. Distribution of Distibutable IA Applications.
The distribution of a Distributable IA Application shall be
made by a license granted by you, on terms and conditions that
are no less restrictive than the terms and conditions on which
you license other computer software programs and products. Any
such license must contain terms and conditions which exclude any
and all express or implied warranties from AimTech and limit AimTech's
liability in the manner set forth in Section 7 below. Such
license shall also prohibit the licensee from (i) copying
(except as otherwise expressly permitted by United States
copyright law) the Software or the Media contained in the
Distributable IA Application (the "Included Software and
Media"), (ii) in any manner modifying, adapting, translating,
decompiling, disassembling, or reverse engineering the
Included Software and Media, (iii) merging or embedding the
Included Software and Media into any other computer program or
work, or (iv) creating derivative works of the Included
Software and Media.
C. Third Party Media or Software.
NOTWITHSTANDING THE FOREGOING, YOUR USE OF ANY THIRD PARTY
MEDIA OR SOFTWARE INCLUDED ON THE DISK FOR WHICH A SEPARATE
LICENSE AGREEMENT IS INCLUDED OR REFERENCED IN THE PACKAGE
SHALL ALSO BE GOVERNED BY THE TERMS AND CONDITIONS OF THAT
LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE
TERMS AND CONDITIONS OF THAT SEPARATE LICENSE AGREEMENT AND
THIS AGREEMENT, THE TERMS AND CONDITIONS OF THE SEPARATE
LICENSE AGREEMENT SHALL CONTROL AS TO YOUR USE OF THE THIRD
PARTY MEDIA OR SOFTWARE LICENSED THEREBY.
D. ISI File Format Software.
The FRACTAL directory of the Software includes certain file
format software (the "ISI File Format Software") that Iterated
Systems, Inc. ("ISI") has authorized AimTech to include on the
Disk. The File Format Software is compatible with separate
ISI computer programs (the "ISI Programs") for use in the
encoding and decoding of compressed images generated through
application of ISI's proprietary compression technology.
However, the ISI Programs are not included on the Disk,
and no license or other right to use them is granted by
this Agreement. The File Format Software is included on
the Disk solely for your convenience. You are not authorized
to use the ISI File Format Software except in conjunction with
ISI Programs that you separately license from ISI or an authorized
ISI distributor and, in such case, subject to the terms and
conditions applicable to the Software under this Agreement
and to the terms and conditions of your ISI license.
E. Notices.
You may not remove or alter AimTech's or its suppliers'
copyright notices and other intellectual property rights
notices included on the Disk or in the Software, the
Documentation, the Media, or any IA Application.
5. TERM.
The License is effective upon your opening the sealed Disk
case included in the Package and will continue in effect until
terminated either (a) by you, at any time by notifying AimTech
in writing; or (b) automatically, upon your failure to comply
with any term or condition of this Agreement. You agree that,
upon termination of this Agreement, you will promptly return
to AimTech the Disk and the copy of the Documentation enclosed
in the Package, you will destroy any copies of the Software or
the Media made by or for you, and you will purge or otherwise
remove all electronic and magnetic copies of the Software and
the Media from any computer, storage medium, or other device
on which the same may be stored or maintained.
6. LIMITATION OF WARRANTIES.
You assume responsibility for the selection of the Software
and the Media to achieve your intended results and for the
installation and use of, and the results obtained from, the
Software and the Media. AimTech does not warrant that the
functions or features contained in the Software and the Media
will meet your requirements or that the operation of the
Software and the Media will be uninterrupted or error free.
AimTech warrants (the "Limited Warranty") that the
Documentation and the Disk (but not the Software or the Media)
shall, under normal use, be free from defects in materials or
workmanship for a period of ninety (90) days from the date of
your purchase of the Package (the "Warranty Period"). If
there is a breach of the Limited Warranty, you must notify
AimTech of such breach within the Warranty Period and you
should promptly return the defective Documentation and/or Disk
to AimTech in accordance with its warranty return
instructions. Subject to its verification of the defect,
AimTech will either repair or replace the defective
Documentation and/or Disk and return it or them to you.
EXCEPT FOR THE LIMITED WARRANTY, AIMTECH AND ITS SUPPLIERS
MAKE, AND YOU RECEIVE, NO EXPRESS OR IMPLIED WARRANTIES OF ANY
KIND (INCLUDING, WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY
WARRANTIES AS TO RIGHTS OF THIRD PARTIES OR NON-INFRINGEMENT)
WITH RESPECT TO THE DISK, THE SOFTWARE, THE DOCUMENTATION, OR
THE MEDIA, ALL OF WHICH ARE OTHERWISE PROVIDED "AS IS". Some
states and jurisdictions do not allow the exclusion of implied
warranties, so the above 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 or
jurisdiction to jurisdiction.
7. LIMITATION OF LIABILITY.
AIMTECH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES
(INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR LOST
PROFITS) PERTAINING IN ANY WAY TO THE DISK, THE SOFTWARE, THE
DOCUMENTATION, OR THE MEDIA, OR TO ANY OF AIMTECH'S
OBLIGATIONS UNDER THE LICENSE OR THIS AGREEMENT, EVEN IF
AIMTECH HAS BEEN MADE AWARE OF THE POSSIBILITY OF ANY SUCH
LOSSES OR DAMAGES. Some states and jurisdictions do not allow
the exclusion or limitation of special, indirect, incidental,
or consequential damages, so the above limitation and
exclusion may not apply to you.
8. TAXES.
You agree to be responsible for and to pay, and to reimburse
AimTech on request if AimTech is required to pay, any sales,
use, or other tax (excluding any tax that is based on
AimTech's net income), assessment, duty, tariff, or other fee
or charge of any kind or nature that is levied or imposed by
any governmental authority on your purchase of the Package,
the License, or your use of the Software, the Documentation,
or the Media.
9. GENERAL.
This Agreement is the complete and exclusive statement of the
agreement between AimTech and you, and this Agreement
supersedes any prior proposal, agreement, or communication,
oral or written, pertaining to the subject matter of this
Agreement. This Agreement shall be governed by the laws of
the State of New Hampshire and of the United States of
America. All questions concerning the terms and conditions of
this Agreement should be directed to AimTech in writing
addressed to AimTech Corporation, 20 Trafalgar Square, Nashua,
New Hampshire 03063-1973.
U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
The Software, the Documentation, and the Media are provided
with RESTRICTED RIGHTS. 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 clause at 48 CFR 52.227-19, as
applicable. The contractor/manufacturer is AimTech
Corporation, 20 Trafalgar Square, Nashua, New Hampshire 03063-
1973.