READ THIS LICENSE AGREEMENT BEFORE OPENING THIS PACKAGE AND INSTALLING AN ImageCELs (R) CD-ROM. IT DEFINES YOUR RIGHTS AND OBLIGATIONS.
BY BREAKING THE SEAL AND INSTALLING AND USING THIS CD-ROM, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
Use of any ImageCELs Digital Data Files, Library(ies) and any
accompanying Documentation that may be supplied with it (hereinafter called "Product"), acknowledges that you have read this license agreement and understand it. If you do not accept or agree to these terms you may, within fifteen (15) days return this entire package unused and unopened to the person from whom you acquired it for a full refund.
IMAGETECTS grants you a non-exclusive, non-transferable, royalty
free worldwide license to use and incorporate the Product in your
works according to the following terms:
You MAY:
A. Install the ImageCELs Product on only one computer at any one
time.
B. Physically transfer the Product from one computer to another;
provided that the Product is used on only one computer at a time.
You agree NOT to:
A. Use the Product on more than one computer or workstation at a
time in a network or a multi-user system.
B. Translate, reverse engineer, decompile and/or disassemble the
Product.
C. Otherwise copy, distribute, rent, loan, disseminate, publish
electronically or by printed media, sell, transfer, or grant any
rights in the Product in any form to any person, nor shall your
works allow any person to directly interact with the Product,
without the prior written consent of IMAGETECTS which, if given, is
subject to the transferee's consent to the terms and conditions of
this license.
D. Remove any proprietary notices, labels, or marks on the Product.
This license is not a sale. Title and copyrights to the Product and
any copy made by you remain with IMAGETECTS. Unauthorized copying or transmission to others of the Product or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to IMAGETECTS other legal remedies.
In the event of termination of this license, you must return all
copies of the Product to IMAGETECTS and erase any copies from your
hard disk.
LIMITED WARRANTY AND LIMITATION OF LIABILITY
This warranty applies to the Product and the media on which it may
have been provided. Warranty on ImageCELs Product shall be limited to replacement of the defective Product only for ninety (90) days from date of purchase. IMAGETECTS further warrants for the same period that the Product, under normal use, will substantially
perform when used on supported hardware and system software,
provided such hardware and system software is in good working order.
IMAGETECTS, its distributors or resellers entire liability and your
exclusive remedy under this warranty (which is subject to you
returning the Product to IMAGETECTS with a copy of your receipt)
will be, at IMAGETECTS option, to attempt to correct or help you
around errors with efforts which IMAGETECTS believes suitable to the problem, to replace the Product with functionally equivalent Product or media, as applicable, or to refund the purchase price and
terminate this Agreement. All sales final.
For warranty support contact: IMAGETECTS tm, P.O. Box 4, Saratoga,
CA 95071. U.S.A. PHONE (408)252-5487 FAX (408)252-7409.
EXCEPT FOR THE PRIOR EXPRESS LIMITED WARRANTIES, IMAGETECTS OR ITS DISTRIBUTORS AND RESELLERS MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND IMAGETECTS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IMAGETECTS DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE AND IS DELIVERED "AS IS" AND WITH ALL FAULTS.
IN NO EVENT WILL IMAGETECTS AND ITS DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PRODUCT, HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF IMAGETECTS, ITS DISTRIBUTORS OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subdividison (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at 252.227-7013.
The user may not sublicense, assign or transfer this Agreement or
the Product. This Agreement will be governed by the laws of the
State of California. This Agreement is the entire agreement between
us and supersedes any other communications or advertising with
respect to the Product. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full
