SINGLE CPU SOFTWARE LICENSE AGREEMENT WITH SPECTROGRAFX PRODUCTIONS
License Agreement. You, the Licensee, assume responsibility for the selection of NetBook (including any plug-in modules) and its documentation (collectively, the “Software”) to achieve your intended results, and for the installation, use, and results obtained from the Software. Installing and/or using the Software constitutes acceptance of these terms and conditions. If you do not agree to these terms and conditions, please delete the software and do not use it.
License. You may use the Software on a single machine and copy the Software into any machine-readable or printed form for backup or support of your use of the Software on the single machine, provided that no more than one copy of the Software may be used on a single machine by no more than one user at a time. You may not use, copy, modify, or transfer the program or documentation, or any copy thereof, in whole or in part, except as provided in this Agreement. You may not rent or lease the Software; however, you may transfer the Software (program and documentation) and any accompanying written materials on a permanent basis provided that you retain no copies and that the recipient agrees to the terms of this Agreement. If you use, copy, modify, or transfer the program or documentaion, or any copy thereof, in whole or part, except as expressly provided for in this agreement, your license is automatically terminated. The license is effective on the date you accept this Agreement, and remains in effect until terminated as indicated above or until you terminate it. If the license is terminated for any reason, you agree to destroy the program and documentation, together with all copies thereof, in whole or in part, in any form, and to cease all use of the Software.
Other Restrictions. You may not decompile, disassemble, or create derivative works from the Software.
Copyright. The Software is owned by SpectroGrafx Productions/Mystic Star Software or its suppliers and is protected by United States copyright laws and international treaty provisions. Unauthorized copying of the Software deprives SpectroGrafx Productions/Mystic Star Software of both income and incentive necessary to create, maintain, and enhance the Software, and in understanding of that, you agree to treat the Software like any other copyrighted material.
Language Software. You have a royalty-free right to use any source code the Software generates in any program you develop using the Software. You also have the right to use, distribute and license such programs to third parties without payment of any further license fees, so long as a copyright notice sufficient to protect your copyright in your software program in the United States or any other country is included in the graphic display of your software, and on the labels affixed to the media on which your software is distributed.
Government Licensee. If you are acquiring the Software on behalf of any agency or unit of the United States Government, the Government acknowledges SpectroGrafx Productions/Mystic Star Software’ representation that the Software and its documentation were developed at private expense and no part of them is in the public domain. Use, duplication and disclosure by the United States Goverment of the Software or any part thereof is subject to “restricted rights” as set forth in subdivision (g)(3) of Rights in Data - General Clause in Federal Acquisition Regulations (“FAR”)‚ 52.227.14 and sub-part 227.401, the Commercial Computer Software Restricted Rights Clause in FAR 52.227.19, and/or subdivision c(1)ii) of Rights in Technical Data and Computer Software Cluase in Dept. of Defense FAR 252.227.7013.
Export Law Assurances. You acknowledge and agree that the Software is subject to restrictions and controls imposed by the United States Export Administration Act (the “Act”) and the regulations thereunder. You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same, unless you have that agency's prior written approval.
General Terms. This Agreement can only be modified by a written agreement signed by you and SpectroGrafx Productions/Mystic Star Software and changes from the terms and conditions herein made in any other manner will be of no effect. If any part of this Agreement shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby. This agreement shall be governed by the laws of the State of Ohio, except for that body of law dealing with conflicts of law.
Acknowledgement. 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 you and SpectroGrafx Productions/Mystic Star Software which supersedes all proposals or prior agreements, oral or written, and all other communications between you and SpectroGrafx Productions/Mystic Star Software relating to the subject matter of this agreeement.
LIMITED WARRANTY
To the original buyer only, SpectroGrafx Productions/Mystic Star Software warrants for the period of ninety (90) days from the date of delivery of the Software to you as evidenced by a copy of your receipt, or until the Software is modified by you, whichever period is shorter, that 1) the Software will perform substantially the functions described in the documentation provided by SpectroGrafx Productions/Mystic Star Software, and that 2) the media on which the Software is furnished will be free from defects in materials and workmanship under normal use. SpectroGrafx Productions/Mystic Star Software will have no responsibility to replace or refund the purchase price of the media damaged by accident, abuse, or misapplication.
SpectroGrafx Productions/Mystic Star Software does not warrant that the Software will meet your requirements, that operation of the Software will be uninterrupted or error-free, or that all Software errors will be corrected. SpectroGrafx Productions/Mystic Star Software is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software, nor for problems in the interaction of the Software with non-SpectroGrafx Productions/Mystic Star Software software. The program, documentation, and any support from SpectroGrafx Productions/Mystic Star Software are provided “as is” and without warranty, express and implied, including but not limited to any implied warranties of merchantability and fitness for a particular purpose.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY SPECTROGRAFX PRODUCTIONS/MYSTIC STAR SOFTWARE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITATIONS OF REMEDIES
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SPECTROGRAFX PRODUCTIONS/MYSTIC STAR SOFTWARE BY LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN IF SPECTROGRAFX PRODUCTIONS/MYSTIC STAR SOFTWARE OR AN AUTHORIZED SPECTROGRAFX PRODUCTIONS/MYSTIC STAR SOFTWARE DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO CASE SHALL SPECTROGRAFX PRODUCTIONS/MYSTIC STAR SOFTWARE LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.
SpectroGrafx Productions/Mystic Star Software
154 Webster Avenue • Hamilton • Oh • 45013-2800 • USA
