Underwater Realms/Underwater Realms.iso/for_pc/license.txt

Text File | 1994-02-14 | 10KB | 182 lines

                  AZTECH NEW MEDIA CORP. LICENSE AGREEMENT
__________________________________________________________________________

Please carefully read the following license agreement before opening the CD
container. By opening the CD container you accept the terms of this Agreement.
If you do not accept the terms of this Agreement, do not open the CD container
and promptly return the entire package to AZTECH for a full refund. If you
have opened the CD container before reading the printed license agreement and
are now reading this Agreement from one of the CD's in the package, and you
disagree with any of the terms of this Agreement, please immediately replace
the CD in the container and return it to Aztech along with your original
invoice or receipt for a full refund. In addition, immediately destroy all
copies of the package or any of its components.

DEFINITIONS
----------------
The following definitions apply to the terms as they appear in this agreement:

"AZTECH" means AZTECH NEW MEDIA CORP.

"You" and "Your" refer to any person or entity that acquires or uses this
 package.

"Package" means the software, images, data, printed image catalogue of Fashion,
Advertising and Lifestyles, in whole or in part, and other items accompanying this Agreement.

"Software" means the computer program contained in this package, together with
all codes, techniques, software tools, formats, designs, concepts, methods,
and ideas associated with that computer program. The term also includes all
copies of any part of the software, the optical media and contents, as well as
the manual(s) and other printed materials contained in this package.

"Image manipulation" means significantly altering, via software, any of the
supplied digital images such that an image from the package that has been
"manipulated" is no longer recognizable as having come from an original image
in this package.

COPYRIGHT/PROPRIETARY PROTECTION
--------------------------------
The software is owned and copyrighted by AZTECH and/or its suppliers and is
protected by United States and International copyright laws as well as
international trade provisions.

You must treat the software like any other copyrighted material. The software
involves valuable proprietary rights of AZTECH and others. There is no transfer
to you of any title to, or ownership of, the software or any patent, copyright,
trade secret, trade name, trademark, and other proprietary rights related to
the software, regardless of the form in which the original or other copies
exist.

You must not violate these rights and you must take appropriate steps to
protect AZTECH's rights. AZTECH may, at any time, replace, modify, alter,
improve, enhance, or change the software without notice. Both the license and
your right to use the software terminate automatically if you violate any part
of this Agreement. In the event of termination you must immediately destroy all
copies of the software and return the original to AZTECH.

PERMITTED USES
--------------
AZTECH grants you a single user, non-exclusive license to use the software in
this package according to the terms as follows. You MAY:
∙   Operate the software on only one computer at a time.
∙   Use the package for any purpose, whether for video display, print media or
    otherwise and whether for commercial or personal use, provided the primary
    value of the product you are producing, or the service you are providing,
    is not the image(s) itself (themselves). For clarity, you may use the
    package for advertisements, brochures, newsletters, marketing literature,
    company presentations, etc.
∙   After written notification to AZTECH, transfer all (but no lesser portion)
    of the package to another person or entity who, in turn, must agree to,
    and be subject to, this Agreement.

PROHIBITED USES
---------------
You may NOT:
∙   Copy or distribute copies of the software, documentation or the package
    to others.
∙   Copy any portion of the software except for image manipulation as described
    above under Permitted Uses.
∙   Modify the software or merge it with another program.
∙   Translate or create derivative works based on the software, except for
    image manipulation.
∙   Remove, obscure, or alter any notice of the patent, copyright, or other
    proprietary rights related to the software or package.
∙   Publish, sub-license, sell, re-sell, distribute, give away, lend, rent,
    lease or provide to others, in whole or in part, the software or the
    package.
∙   Operate the software on more than one computer at a time. If you wish to
    operate the software on a network, please contact AZTECH to request a site
    or network license agreement.
∙   Transfer the software or any direct product to any person or entity in
    violation of the United States Export Administration Act.
∙   Reverse-engineer, disassemble, decomply, or make any attempt to discover
    the source code to the software.

∙   Use the package for any purpose where the primary value is the images
    themselves. For clarity, you may NOT use the package for calendars, coffee
    table books, tee-shirts, post cards, etc. where the primary value is the
    images themselves. You are strongly encouraged to submit in writing to
    Aztech any questions you may have regarding the interpretation of this
    license (fax: [phone]).
∙   Use the product or software in immoral, scandalous, controversial,
    derogatory, obscene or offensive works.

LIMITED WARRANTY
----------------
AZTECH warrants that, upon delivery by AZTECH of the CD's on which the software
is distributed, the package will be free from defects of workmanship and that
the software will substantially conform to the specifications established by
AZTECH. AZTECH does not warrant that the software is free from all bugs,
errors, and omissions. This warranty gives you specific legal rights, and you
may also have other rights that vary from state to state and country to country.

If any of the software fails to comply with the warranties set forth above,
AZTECH's sole liability is to replace the package or portion thereof, or at
AZTECH's option, make a reasonable effort to correct the program errors. You
must however return all copies of the software, along with a copy of your paid
CD's invoice, to AZTECH within ninety (90) days of the date you purchased the
software.

If AZTECH is unable to correct the defective CD or program error,
AZTECH's sole liability is to refund all or a fair portion of the price you
paid for the package, at AZTECH's option. The refund shall fully satisfy all
your claims for the consequences of the software, CD or disk failure. Any
replacement software will be warranted for the rest of the original 90-day
warranty period or for 30 days from the date you received the replacement,
whichever is longer. The duration of any implied warranties including, without
limitation, the implied warranties of merchantability and fitness, shall be
limited to the duration of the warranty period described above.

Except as specifically set forth above, AZTECH shall not be liable for any:
∙ bug, error, omission, defect, deficiency or non-conformity in any software;
∙ claim of infringement;
∙ claim in tort, whether or not arising, in whole or in part, from AZTECH's
  fault, negligence, strict liability or product liability;
∙ claim or any indirect, incidental, special or consequential damages, cover
  or loss of revenue, or use;



Notwithstanding anything to the contrary contained herein, other than a
properly authorized new license agreement replacing this one in writing and
making appropriate reference to such replacement, any written or oral
information or advice given by AZTECH distributors, agents, representatives,
or employees shall in no way increase the scope of this warranty.

Nor may you rely on any such written or oral communication. Some states and
provinces may not allow limitations on how long an implied warranty lasts or
exclusion or limitation of consequential damages; therefore, the limitations
set forth in this warranty may not apply to you. The foregoing limitations of
warranty and liability inure to the benefit of AZTECH licensees having an
interest in the package.

GENERAL
--------------
Colors may vary from the color of the images displayed on a screen or on the
accompanying posters/catalog, to that on final print. You must therefore make
color proofs of the images prior to printing to assure yourself as to color
and resolution suitability.

You, rather than AZTECH, accepts all liabilities (except for the license
granted herein to properly use these images) arising out of the usage of this
package or the software contained herein. You agree that Aztech's maximum
liability for any cause of any action of any kind is limited to the replacement
value of a single package. AZTECH is not responsible for maintaining or
helping you to use the software, unless as part of a separate Technical
Support Program.

This Agreement constitutes the entire agreement and supersedes any prior
agreement between AZTECH and you concerning the contents of this package.
AZTECH is not bound by any provision of any purchase order, receipt,
acceptance, confirmation, correspondence, or change unless such is written and
signed by a duly authorized officer of AZTECH. This Agreement is governed by
the laws and procedures of Ontario, Canada.


All correspondence to AZTECH may be sent to:
Aztech New Media Corp.
2255 Markham Road
Scarborough, Ontario, Canada
M1B 2W3