PC Format (UK) 78/Inxsdemx.bin/Share/bistools/disk2/DATA.2/Shared/LICENSE.TXT

Text File | 1997-07-16 | 8KB | 161 lines

END-USER LICENSE AGREEMENT FOR BAY IMAGE SOFTWARE ("BIS") PRODUCTS

IMPORTANT-READ CAREFULLY: This BIS End-User License
Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and Bay Image Software for the
BIS software product(s) identified above or in the package,
which includes computer software and associated media and
printed materials, and may include "online" or electronic
documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By
installing, copying, or otherwise using the SOFTWARE PRODUCT,
you agree to be bound by the terms of this EULA. If you do not
agree to the terms of this EULA, promptly return the unused
SOFTWARE PRODUCT to the place from which you obtained it for
a full refund.

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties. The SOFTWARE PRODUCT is licensed, not
sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:
a. You may use one copy of the Bay Image Software Product
identified above on a single computer. The SOFTWARE is in "use"
on a computer when it is loaded into temporary memory (i.e., RAM)
or installed into permanent memory (e.g., hard disk, CD-ROM, or
other storage device) of that computer. However, installation on
a network server for the sole purpose of internal distribution to
one or more other computer(s) shall not constitute "use" for
which a separate license is required, provided you have a
separate license for each computer to which the SOFTWARE is
distributed.
b. Solely with respect to electronic documents included with the
SOFTWARE, you may make an unlimited number of copies (either in
hardcopy or electronic form), provided that such copies shall be
used only for internal purposes and are not republished or
distributed to any third party.

2. UPGRADES. If the SOFTWARE is an upgrade, whether from
BIS or another supplier, you may use or transfer the
SOFTWARE only in conjunction with upgraded product. If the
SOFTWARE is an upgrade from a BIS product, you may now use
that upgraded product only in accordance with this EULA.

3. SUBSCRIPTION UPDATES. If you have acquired the SOFTWARE
PRODUCT as part of a subscription package, then you must treat as
an upgrade any subsequent versions of SOFTWARE PRODUCT received
as an update to your subscription package.

4. COPYRIGHT. All title and copyrights in and to the SOFTWARE
PRODUCT (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated
into the SOFTWARE PRODUCT), the accompanying printed materials,
and any copies of the SOFTWARE PRODUCT are owned by BIS or
its suppliers. The SOFTWARE PRODUCT is protected by copyright
laws and international treaty provisions. Therefore, you must
treat the SOFTWARE PRODUCT like any other copyrighted material
except that you may either (a) make one copy of the SOFTWARE
PRODUCT solely for backup or archival purposes or (b) install the
SOFTWARE PRODUCT on a single computer provided you keep the
original solely for backup or archival purposes. You may not copy
the printed materials accompanying the SOFTWARE PRODUCT.

5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and only to the extent
that such activity is expressly permitted by applicable law
notwithstanding this limitation.
b. No Separation of Components. The SOFTWARE PRODUCT is licensed
as a single product and neither the software programs comprising
the SOFTWARE PRODUCT or any UPDATE may be separated for use by
more than one user at a time.
c. Rental. You may not rent or lease the SOFTWARE PRODUCT.
d. Software Transfer. You may permanently transfer all of your
rights under this EULA, provided that you retain no copies, you
transfer all of the SOFTWARE PRODUCT (including all component
parts, the media and printed materials, any upgrades, this EULA,
and, if applicable, the Certificate of Authenticity), and the
recipient agrees to the terms of this EULA. If the SOFTWARE
PRODUCT is an upgrade, any transfer must include all prior
versions of the SOFTWARE PRODUCT.
e. Termination. Without prejudice to any other rights, Bay Image
Software may terminate this EULA if you fail to comply with
the terms and conditions of this EULA. In such event, you must
destroy all copies of the SOFTWARE PRODUCT.

6. REDISTRIBUTABLE COMPONENTS.
a. Trial Versions. In addition to the license granted in
Section 1, BIS grants you a nonexclusive, royalty-free
right to reproduce and distribute the trial version of
those portions of the SOFTWARE designated in the SOFTWARE
(collectively,"REDISTRIBUTABLES").

MISCELLANEOUS
If you acquired this product in the United States, this EULA is
governed by the laws of the State of California.
If you acquired this product in Canada, this EULA is governed by
the laws of the Province of Ontario, Canada. Each of the parties
hereto irrevocably attorns to the jurisdiction of the courts of
the Province of Ontario and further agrees to commence any
litigation which may arise hereunder in the courts located in the
Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, then
local law may apply.
Should you have any questions concerning this EULA, or if you
desire to contact BIS for any reason, please write:
Bay Image Software, 30 Gladys Avenue Suite 11/Mountain View,
CA 94043.

LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES,
which are provided "as is," without warranty of any kind,
BIS warrants that (a) the SOFTWARE PRODUCT will perform
substantially in accordance with the accompanying written
materials for a period of ninety (30) days from the date of
receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT
will be free from defects in materials and workmanship under
normal use and service for a period of one (1) year from the date
of receipt. Some states and jurisdictions do not allow
limitations on duration of an implied warranty, so the above
limitation may not apply to you. To the extent allowed by
applicable law, implied warranties on the SOFTWARE PRODUCT and
hardware, if any, are limited to ninety (90) days and one year,
respectively.

CUSTOMER REMEDIES. BIS' and its suppliers' entire
liability and your exclusive remedy shall be, at BIS'
option, either (a) return of the price paid, or (b) repair or
replacement of the SOFTWARE PRODUCT or hardware that does not
meet BIS' Limited Warranty and which is returned to
BIS with a copy of your receipt. This Limited Warranty is
void if failure of the SOFTWARE PRODUCT or hardware has resulted
from accident, abuse, or misapplication. Any replacement SOFTWARE
PRODUCT or hardware will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is
longer. Outside the United States, neither these remedies nor any
product support services offered by BIS are available
without proof of purchase from an authorized international
source.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY    APPLICABLE
LAW, BAY IMAGE SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY
ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIS OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF
BIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.