PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE ENCLOSED CD-ROM COMPACT DISC. BY USING THIS CD-ROM COMPACT DISC, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED CD-ROM COMPACT DISC TO THE PLACE WHERE YOU OBTAINED IT.
1. License
This CD-ROM compact disk contains proprietary, copyrighted application, demonstration, images, pictures, files and/or system software and related documentation and other materials, all referred to as the ╙Contents╙. The Contents are licensed to you by Produktum AB and/or Produktum AB╒s licensor(s). You own the compact disc on which the Contents is recorded but Produktum AB, or Produktum AB╒s licensor(s), retain title to the Contents. This License allows you to use the Contents on a single computer only in conjunction with the authorized use of the CD-ROM compact disc. You are expressly prohibited from copying, duplicating, reproducing, or otherwise transferring the Contents for any other purpose whatsoever. This license is personal to you and does not constitute a site license. FAILURE TO COMPLY WITH AND ADHERE TO THE TERMS AND CONDITIONS OF THIS LICENSE COULD SUBJECT YOU TO LEGAL ACTION BY AB Produktum AB AND/OR AB Produktum AB╒S LICENSOR(S).
2. Restrictions
You may not use the Contents in order to create or market any similiar product (image, picture or clip-art library) to Provektor Image Library. You may not use the Contents to manufacture, market, resell or otherwise transfer a similar product as this CD-ROM compact disc image library, on any media such as diskettes, containing part of or all the Contents. However, you may use the Contents to make any magazine, newsletter, datasheet or similar publication without any limitations or worries about copyrights.
3. Termination
This License is effective until terminated. You may terminate this License at any time by destroying the CD-ROM compact disc, the Contents and all copies thereof. This License will terminate immediately without notice from Produktum AB or Produktum AB╒s Licensor(s) if you fail to comply with any provision of this License. Upon termination you must destroy the CD-ROM compact disc, the Contents and all copies thereof.
4. Government Licensee
If you are acquiring the Contents on behalf of any unit or agency of the United States Government, (the ╙Government╙), the following provisions apply:
(a) The Contents included in this CD-ROM compact disc: (i) were developed at private expense, and no part of it was developed with government funds; (ii) are trade secrets of Produktum AB and/or Produktum AB╒s Licensor(s), for all purposes of the Freedom of Information Act; (iii) is ╙commercial computer software╙ subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging to Produktum AB and/or Produktum AB╒s Licensor(s).
(b) For units of the Department of Defense (DOD), this CD-ROM compact disc and the Contents is sold only with ╙Restricted Rights╙ as that term is defined in the DOD Supplement to the Federal Acquisition Regulations (╙DFARS╙) 52.227-7013(c)(1)(ii) and use, duplication or disclosure is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013. Manufacturer: Produktum AB, Sofierogatan 3A, S-412 51 GÜteborg, Sweden, Tel. int. +46-(0)31-40 15 57, Fax. int +46-(0)31-40 56 26, AppleLink SW1163.
(c) If this CD-ROM compact disc and the Contents were acquired under a GSA Schedule, the Government has agreed: (i) to refrain from changing or removing any insignia or lettering from the CD-ROM and/or Contents that is provided or from producing copies thereof (except one copy for backup purposes); (ii) title to and ownership of the Contents and any reproductions thereof shall remain with Produktum AB and/or Produktum AB╒s Licensor(s); (iii) if use of this CD-ROM and the Contents is discontinued at the installation specified in the purpose/delivery order and the Government desires to use it at another location, it may do so by giving prior written notice to Produktum AB, specifying the type of computer and new location site.
(d) Government personnel using this CD-ROM compact disc and the Contents, other than under a DOD contract or GSA Schedule are hereby on notice that use of this CD-ROM compact disc and the Contents is subject to restrictions which are the same as, or similar to, those specified above.
5. Limited Warranty on Media
Produktum AB warrants the CD-ROM compact disc on which the Contents is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced of a copy of the receipt or invoice. Produktum AB╒s entire liability and your exclusive remedy will be replacement of the disc not meeting Produktum AB╒s limited warranty and which is returned to Produktum AB or a Produktum AB authorized representative with a copy of the receipt or other proof of authorized possession. Produktum AB will have no responsibility to replace a disc damaged by accident, abuse or missapplication.
6. Disclaimer of Warranty on Contents
You expressly acknowledge and agree that use of the Contents is at your sole risk. The Contents are provided ╙AS IS╙ and without warranty of any kind. Produktum AB AND Produktum AB╒S LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Produktum AB AND Produktum AB╒S LICENSOR(S) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CONTENTS WILL BE CORRECTED. FURTHERMORE, AB PRODUKTUM 88 AND AB PRODUKTUM 88╒S LICENSOR(S) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Produktum AB, Produktum AB╒S LICENSOR(S), OR AN AUTHORIZED REPRESENTATIVE OF Produktum AB AND/OR AB Produktum AB╒S LICENSOR(S) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE CONTENTS PROVE DEFECTIVE, YOU (AND NOT Produktum AB, Produktum AB╒S LICENSOR(S), OR AN AUTHORIZED REPRESENTATIVE OF Produktum AB OR Produktum AB╒S LICENSOR(S)) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF THE CONTENTS, OR THE COMPUTER SYSTEM WITH WHICH THEY ARE USED. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND IF THIS APPLIES TO YOU, YOU MUST TERMINATE THIS LICENSE BY DESTROYING THE CD-ROM COMPACT DISC, THE CONTENTS AND ALL COPIES THEREOF.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL Produktum AB OR Produktum AB╒S LICENSOR(S) BE LIABLE FOR ANY INDICENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE CONTENTS, EVEN IF Produktum AB, Produktum AB╒S LICENSOR(S), OR AN AUTHORIZED REPRESENTATIVE OF Produktum AB OR Produktum AB╒S LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Produktum AB OR Produktum AB╒S LICENSOR(S) BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR DATA ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OR ANY DATA SUPPLIED WITH IT, EVEN IF Produktum AB OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDICENTAL OR CONSEQUENTIAL DAMAGES AND IF THIS APPLIES TO YOU, YOU MUST TERMINATE THIS LICENSE BY DESTROYING THE CD-ROM COMPACT DISC, THE CONTENTS AND ALL COPIES THEREOF.
In no event shall Produktum AB or Produktum AB╒s Licensor(s)╒ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the CD-ROM compact disc.
8. Controlling Law and Severability
This License shall be governed by and construed in accordance with the laws of Sweden. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
9. Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the CD-ROM compact disk and the Contents, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver or amendment of any provision of this License shall be effective only if in writing and signed by you and an officer of Produktum AB. No distributor, dealer, or employe (other than an officer) of Produktum AB is authorized to change or amend any terms of this License. In the event of any conflict between the terms of this License and the terms of any license bound into any manual packaged with the CD-ROM compact disc, this License shall govern.
