License Agreement For Omniview PhotoBubbles Viewer and Tour Software
Please read this license agreement carefully. By using the contents of this CD-ROM, you accept the entire agreement. If you do not accept it, promptly return the package to the place where you obtained it and your money will be refunded.
1. License. The application, images, audio, and software accompanying this License, whether on disc, in read only memory, or on any other media (the "Software") and the related documentation are licensed to you by Omniview, Inc. You own the CD-ROM disc on which the Software are recorded, but Omniview, Inc. retains title to the Software. This License allows you to use the Software on a single computer and make one copy of the Software in machine readable form for backup purposes only. You may distribute additional copies of the viewer with images and audio you have created with PhotoBubbles Software for non-commercial purposes. Commercial distribution of the viewer is permissible under separate license from Omniview, Inc. These license rights are non-transferrable.
2. Restrictions. The software contains patented and copyrighted material, trade secrets, and other proprietary material. 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 for commercial purposes without a distribution license.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software and all copies thereof. This License will terminate immediately without notice from Omniview, Inc. if you fail to comply with any 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 Omniview, Inc. 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. If the Software has been rightfully obtained by you outside the United States, you agree that you will not re-export the Software nor any other technical data received from Omniview, Inc., nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
5. Limited Warranty on Media. Omniview, Inc. warrants the compact disc 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. Omniview, Inc.'s entire liability and your exclusive remedy will be replacement of the compact disc. Omniview, Inc. will have no responsibility to replace a disc damaged by
accident, abuse or misapplication. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
6. Limitations of Liability. Under no circumstances including negligence, shall Omniview, Inc. 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 Omniview, Inc. has been advised of the possibility of such damages. In no event shall Omniview, Inc.'s total liability to you for all damages, losses, and causes of action exceed the amount paid by you for the Software.
7. 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 Tennessee, as applied to agreements entered into and to be performed entirely within Tennessee. 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.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software, and supersedes all prior or contemporaneous understandings of 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 Omniview, Inc.
9. Viewer. The Viewer is distributable without royalty for viewing Bubble files created with PhotoBubbles Columbus. It may not be decompiled or distributed for any other purpose other than viewing PhotoBubbles created by Omniview's Columbus Software.
Please indicate your acceptance or decline of the foregoing Agreement by clicking on the appropriate box below.
