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Who Killed Sam Rupert
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License
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1994-10-24
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CREATIVE MULTIMEDIA SOFTWARE LICENSE
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING
THE SOFTWARE. BY USING THE SOFTWARE, 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
SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND
YOUR MONEY WILL BE RETURNED.
1. License. The application, demonstration, system and
other software accompanying this License, whether on disk,
in read only memory, or on any other media (the "Software")
and related documentation are licensed to you by Creative
Multimedia. You own the disk on which the Software is
recorded but Creative Multimedia and/or Creative
Multimedia's Licensers retain title to the Software and
related documentation. This License allows you to use the
Software on a single computer. You may also transfer all
your license rights in the Software, the backup copy of the
Software, the related documentation and a copy of this
License to another party, provided the other party reads and
agrees to accept the terms and conditions of this License.
2. Restrictions. The Software contains copyrighted
material, trade secrets and other proprietary material and
in order to protect them you may not decompile, reverse
engineer, disassemble or otherwise reduce the Software to a
human-perceivable form. You may not modify, network, rent,
lease, loan, distribute or create derivative works based
upon the Software in whole or in part. You may not
electronically transmit the Software from one computer to
another or over a network.
3. Termination. This License is effective until
terminated. You may terminate this License at any time by
destroying the Software and related documentation and all
copies thereof. This license will terminate immediately
without notice from Creative Multimedia if you fail to
comply with the provision of this License. Upon termination
you must destroy the Software and related documentation and
all copies thereof.
4. Export Law Assurances. You agree and certify that
neither the Software, nor any other technical data received
from Creative Multimedia, nor the direct product thereof,
will be exported outside the United States except as
authorized and as permitted by the laws and regulations of
the United States.
5. Government End Users. If you are acquiring the Software
on behalf of any unit or agency of the United States
Government, the following provisions apply. The Government
agrees: (I) if the Software is supplied to the Department of
Defense (DoD), the Software is classified as "Commercial
Computer Software" and the Government is acquiring only
"restricted rights" in the Software and its documentation as
that term is defined in Clause 252.237-7013(c)(I) of the
DFARS; and (II) if the Software is supplied to any unit or
agency of the United Sates Government other than DoD, the
Government's rights in the Software and its documentation
will be as defined in Clause 52.227-19(c)(2) of the FAR or,
in the case of NASA, in Clause 18-52.227-86(d) of the NASA
Supplement to the FAR.
6. Limited Warranty on Media. Creative Multimedia warrants
the disks on which the Software 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 by a copy of the receipt. Creative Multimedia
will have no responsibility to replace a disk damaged by
accident, abuse or misrepresentation. ANY IMPLIED
WARRANTIES ON THE DISCS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION
TO JURISDICTION.
7. Disclaimer of Warranty on Software. You expressly
acknowledge and agree that use of the Software is at your
sole risk. The Software and related documentation are
provided "AS IS" and without warranty of any kind and
Creative Multimedia and Creative Multimedia's Licenser(s)
(for the purposes of provisions 7 and 8, Creative Multimedia
and Creative Multimedia's Licenser(s) shall be collectively
referred to as "Creative Multimedia") EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. CREATIVE MULTIMEDIA DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE,
CREATIVE MULTIMEDIA DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY CREATIVE MULTIMEDIA
OR A CREATIVE MULTIMEDIA AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. SHOULD THE SOFTWARE BE DEFECTIVE, YOU (AND NOT
CREATIVE MULTIMEDIA OR A CREATIVE MULTIMEDIA AUTHORIZED
REPRESENTATIVE) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
8. Limitations of Liability. UNDER NO CIRCUMSTANCES
INCLUDING NEGLIGENCE, SHALL CREATIVE MULTIMEDIA BE LIABLE
FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OR INABILITY TO USE
THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF
CREATIVE MULTIMEDIA OR A CREATIVE MULTIMEDIA
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU..
In no event shall Creative Multimedia'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 Software.
9. Controlling Law and Severability. This License shall be
governed by and construed in accordance with the laws of the
United States and the State of Oregon as applied to
agreements entered into and to be performed entirely within
Oregon and between Oregon residents. 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.
10. Complete Agreement. This License constitutes the
entire agreement between the parties with respect to the use
of the Software and related documentation, and supersedes
all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. No
amendment to or modification of this License will be binding
unless in writing and signed by a duly authorized
representative of Creative Multimedia.
Warranty Disclaimer:
CREATIVE MULTIMEDIA'S LICENSER(S) MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE PARTICULAR PURPOSE,
REGARDING THE SOFTWARE. CREATIVE
MULTIMEDIA'S LICENSER(S) DOES NOT WARRANT,
GUARANTEE OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SOFTWARE IN TERMS OF ITS
CORRECTNESS OR OTHERWISE. THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS
ASSUMED BY YOU. THE EXCLUSION OF IMPLIED
WARRANTIES IS NOT PERMITTED BY SOME
JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
Creative Multimedia Limited Warranty
August 1, 1994
Creative Multimedia warrants that Creative Multimedia's
software and the media on which it is recorded will work
substantially in accordance with Creative Multimedia's
operating instructions, when used on equipment meeting
Creative Multimedia's specifications. Creative Multimedia
gives this warranty to the first consumer owner only. If
you have problems within the first ninety (90) days after
you buy it, return the software to us, postage prepaid, with
your purchase receipt, to:
Warranty Department
Creative Multimedia
513 NW 13th Ave, Suite 400
Portland, Oregon 97209
and if we find it to be defective, we will replace it
with one that works on equipment meeting our
specifications.
YOU MUST RETURN YOUR REGISTRATION CARD TO BE ELIGIBLE
FOR
THIS REMEDY. If you lose your card, let us know; we'll
send you another.
YOUR REMEDIES ARE LIMITED TO MAT DESCRIBED PREVIOUSLY.
CREATIVE MULTIMEDIA WILL NOT BE RESPONSIBLE
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS
OF DATA OR LOSS OF USE, OR ANY OTHER FORM OF
DAMAGE, EXCEPT AS ENCOMPASSES IN THE
REPLACEMENT REMEDY DESCRIBED ABOVE. Some states
do not allow
the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not
apply to you.
This warranty gives you specific legal rights and you may
also have other rights which vary from state to state.
Disclaimer of Liability:
IN NO EVENT WILL CREATIVE MULTIMEDIA'S LICENSER(S) AND
THEIR DIRECTORS, OFFICERS, EMPLOYERS OR AGENTS
(COLLECTIVELY CREATIVE MULTIMEDIA'S LICENSER(S)) BE LIABLE
TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT
DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OR INABILITY TO
USE THE SOFTWARE EVEN IF CREATIVE
MULTIMEDIA'S LICENSER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. Creative Multimedia's Licensers' liability
to you for actual damages from any cause whatsoever, and
regardless of the form of action (whether in contract, tort
(including negligence), product liability or otherwise),
will be limited to $50.
Copyrights
Concept & Text, and other portions, Copyright 1994, Shannon
Gilligan. Portions Copyright 1994, Creative Multimedia and
others.
Macromind Director®, version 3.1.3, Copyright 1992,
Macromedia, Inc. QuickTime, Copyright 1992, 1993, 1994,
Apple Computer, Inc.
QuickTime and the QuickTime logo are trademarks of Apple
Computer, Inc. used under license
All Rights Reserved. Made in U.S.A.