Simply Media Inc., and its licensors (the "Company") provides this Software to you and grants to you a non-exclusive, non-transferable license to:
a. use the Software on a single computer of the type identified on the package;
b. make one copy of the Software in machine-readable format solely for back-up purposes; and
c. use the Software for your personal use or in your business or profession.
This disc may contain the proprietary property of the Company, or of others which has been
licensed to the Company, such as fonts, sound effects, music, animations, and clip art
("ClipMedia"). There are no additional usage fees for the ClipMedia, provided, however, that you
may reproduce the ClipMedia only as a graphic design element of a personal or professional
Web site or other multimedia application. Republication, reproduction or any other distribution or
sale of the ClipMedia in any other way, whether in print or electronic form, is strictly prohibited.
If you are unsure whether or not your intended use complies with this agreement, please write to us via email to simplymediacds@aol.com, or via postal mail to the address below. We'll probably say that it is OK to do what you want, but it's better for you to be safe than sorry.
TERM
This license is effective until terminated. You may terminate it at any time by destroying the
Software and ClipMedia together with all copies in any form. This license will also terminate
upon conditions set forth elsewhere in this agreement or if you fail to comply with any term or
condition of this agreement. You agree that upon such termination you will destroy the Software
and ClipMedia together with all copies in any form.
LIMITED WARRANTY
The Company warrants the physical CD-ROM on which the Software is furnished to
be free from defects in materials and workmanship under normal use for a period of sixty (60)
days from the date of purchase as evidenced by a copy of your receipt.
DISCLAIMER AND LIMITATIONS OF REMEDIES
THE SOFTWARE IS PROVIDED "AS IS" AND COMPANY SPECIFICALLY DISCLAIMS ALL
WARPANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY
DAMAGES, INCLUDING ANY LOSS OF PROFIT OR OTHER INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. COMPANY DOES NOT WARRANT, GUARANTY OR
MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE,
OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY,
CURRENTNESS, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF
ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY EXPRESSLY
DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN COMPANY OR OTHERS SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THE FOREGOING WARRANTY, AND NEITHER
SUBLICENSEE NOR PURCHASER MAY RELY ON ANY SUCH INFORMATION OF
ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY
NOT APPLY TO YOU.
The Company's entire liability and your exclusive remedy shall be:
1. the replacement of such CD-ROM if you return a defective disc during the
limited warranty period, or
2. if the Company is unable to deliver a replacement CD-ROM that is free of defects
in materials or workmanship, you may terminate this Agreement by returning the Software.
GENERAL
The Software is owned or licensed by the Company and is protected by United States copyright
laws and international treaty provisions. You may not sublicense, assign, or transfer the license
or the Software or make or distribute copies of the Software. Any attempt to sublicense,
assign, or transfer any of the rights, duties, or obligations hereunder is void. As licensee, you
own the media on which the Software is recorded or fixed, but the Company or its licensors
retain ownership of the Software. You may not translate, reverse engineer, decompile,
disassemble, modify or create derivative works based on, the Software, and except for the single
backup copy permitted hereunder, you may not copy the Software. Further, you may not copy
the written materials accompanying the Software. Should you have any questions concerning
this Agreement or technical support, you may contact the Company by writing to:
Simply Media Inc.
75 Main Street, #135
Plymouth, NH 03264-1548
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US
THAT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF
