home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Gigarom 1
/
Gigarom Macintosh Archives (Quantum Leap)(CDRM1080320)(1993).iso
/
FILES
/
DEV
/
I-Z
/
MacRecorder® HackersToolkit.cpt
/
ReadMeFirst!
< prev
next >
Wrap
Text File
|
1989-12-07
|
6KB
|
108 lines
BY USING THE SOFTWARE THAT IS PART OF THIS PACKAGE, YOU ARE
AUTOMATICALLY AGREEING TO ALL THE TERMS OF THE FOLLOWING
AGREEMENT. IF YOU DO NOT AGREE WITH THERE TERMS, DO NOT USE THIS
SOFTWARE.
------------------------------------------------------------------
LICENSE AGREEMENT AND WARRANTY DISCLAIMER
1. License. Farallon Computing, Inc. (“Farallon”) hereby grants to any
person or entity which has acquired the enclosed software (hereafter
referred to as “Developer”), and Developer hereby accepts from Farallon, a
fully-paid, nonexclusive, nontransferable worldwide license ("this
License") (i) to use the enclosed software and source code (the “Farallon
Software”) to develop computer software programs (“Programs”) intended
for use in combination exclusively with Farallon’s MacRecorder® sound
digitizer and incorporating all or any portion of the Farallon Software
files identified as Sound.c and Sound.h (the “Sound Files”) and (ii) to
distribute the Sound Files for use only in combination with Programs and
only on the terms and conditions stated herein. This license may be
exercised by Developer only in connection with the development of
software products which, among other things, are intended to facilitate
the recording, playback and editing of sound exclusively using the Farallon
MacRecorder® sound digitizer. Any other use of the Farallon software is
strictly prohibited and shall render this license void without further
notice to Developer, in addition to any other remedies which Farallon may
have for misuse of this license. Developer agrees that this License gives
no title or rights of ownership in the Farallon Software and acknowledges
that such Software is proprietary to Farallon.
2. Disclaimer of Warranty. Developer understands and acknowledges that
Farallon provides no support for the Farallon Software. Farallon licenses
the Farallon Software to Developer on an "as is" basis. FARALLON MAKES
NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE FARALLON
SOFTWARE. FARALLON HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE. Without limiting the foregoing, in no event shall Farallon be
liable for incidental or consequential damages resulting from the use, sale
or distribution of Farallon Software by Developer or others, whether under
theory of contract, warranty, tort or products liability and even if
Farallon has been advise of the possibility of such liability
3. Labelling.
(a) Developer shall not remove any copyright notices or proprietary
legends contained within the Farallon Software and Developer shall
include on the label of each Program diskette, and in the screen display
About Box, a copyright notice as follows: "Portions ©1989 Farallon
Computing, Inc."
(b) In addition, Developer shall include a notice in a prominent place in
the manual accompanying any Program, as follows:
Portions of this software program have been provided by Farallon
Computing, Inc. in order to enable this program to be used with Farallon’s
MacRecorder® sound digitizer. Farallon makes no warranties regarding
this program, its merchantability or its fitness for any particular purpose.
(c) Farallon may, during the term of this Agreement, require revisions
or additions to the notices to be placed on the software or in Developer's
manual. Developer shall incorporate such revisions or additions to the
notices required herein, within thirty (30) days of written notice from
Farallon .
(d) Developer is encouraged to include a notice in its advertising
indicating that its Program is compatible with Farallon's MacRecorder®
sound digitizer product; provided, that any such notice shall not make it
appear that the Program originates from Farallon. Such notice shall never
include the use of Farallon's logo. Developer shall indicate in its
advertising that "Farallon" is a trademark and "MacRecorder" is a
registered trademark of Farallon Computing, Inc. Farallon shall have the
right to control all aspects of the manner in which its trademarks are
used.
(e) Developer shall provide Farallon with an archive copy of Developer
Programs for the sole purpose of monitoring Developer's compliance with
the terms of this Agreement. Farallon shall keep all such copy or copies in
strict confidence and agrees not to disclose or distribute them in any way
without permission of Developer.
4. Breach and Termination.
In the event that any breach of this Agreement by Developer continues
after the expiration of thirty (30) days from the date of written notice by
Farallon of such breach, Farallon may terminate this Agreement by
written notice to Developer, whereupon this License and all rights granted
to Developer herein shall immediately cease. Waiver by Farallon of any
breach by Developer shall not be deemed to be a waiver of any other or
subsequent breach. The rights of Farallon under this clause are in addition
to any other rights and remedies provided by law or under this Agreement.
Upon written notice by Farallon after any termination of this Agreement,
Developer shall promptly return to Farallon all Farallon Software supplied
under Paragraph 4 above.
5. General. Any notice required under this Agreement shall be given by
first class mail, postage prepaid with return receipt requested. This
Agreement constitutes the entire Agreement between the parties
concerning the subject matter hereof. Any waiver or amendment of any
provision of this Agreement shall be effective only if in writing and
signed by the parties. This Agreement may not be assigned, nor the rights
granted hereunder sublicensed, by Developer without the prior written
consent of Farallon. This Agreement shall not be construed as creating an
agency, partnership or any other form of legal association between the
parties. This Agreement shall be governed by the laws of the State of
California and the U.S. Copyright laws.