Internet 53/INTERNET53.iso/pc/software/windows/graphics/pspplugs/borders/license.txt

Text File | 1997-10-12 | 5.9 KB | 98 lines

This Software License Agreement (the "Agreement") is a legal agreement
between you, the end-user, and New Virtual Research. In this Agreement
"Software" shall mean the all machine readable software programs and
associated files in this package and any modified version, upgrades
and other copies of such programs and files. By continuing installation
of the Software, by loading or running the Software, or by placing or
copying the Software onto your computer hard drive, you are agreeing
to be bound by the terms of this Agreement.

1. LICENSE. For purposes of this section, "use" means loading the
Software into RAM, as well as installation on a hard disk or other
storage device. New Virtual Research grants to you the non-exclusive
right to use the Software on an unlimited number of central processing
units. You may not modify, translate, disassemble, decompile, reverse
engineer, or create derivative works based upon the Software.  You
agree that the Software will not be shipped, transferred or exported
into any country in violation of the U.S. Export Administration Act
and that you will not utilize, in any other manner, the Software in
violation of any applicable law.

2. COPYRIGHT. The Software is owned by New Virtual Research and is
protected by United States copyright laws and international treaty
provisions. You must treat the Software like any other copyrighted
material except that you may make copies of the Software to give to
other persons. You may not charge or receive any consideration from
any other person for the receipt or use of the Software without
receiving New Virtual Research's prior written consent.  You agree to
use your best efforts to see that any user of the Software licensed
hereunder complies with this Agreement.

3. LIMITED WARRANTY.  New Virtual Research warrants that if properly
installed and operated on a computer for which it is designed, the
Software will perform substantially in accordance with its designed
purpose for an indefinite period of time. New Virtual Research's
entire liability and your exclusive remedy shall be to discontinue
use of the Software and to remove the Software from the computer on
which it is installed.

4. NO OTHER WARRANTIES. NEW VIRTUAL RESEARCH DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN
MATERIALS, IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO
JURISDICTION.  NEW VIRTUAL RESEARCH DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET
LICENSEE'S  SPECIFIC REQUIREMENTS.  THE WARRANTY SET FORTH ABOVE IS
IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE
AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF NEW VIRTUAL RESEARCH
ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR
ADDITIONAL WARRANTIES ON BEHALF OF NEW VIRTUAL RESEARCH.  ADDITIONAL
STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL
OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY NEW VIRTUAL RESEARCH AND
SHOULD NOT BE RELIED UPON.

5. EXCLUSIVE REMEDIES.  You agree that your exclusive remedy against
New Virtual Research, its affiliates, contractors, suppliers, and
agents for loss or damage caused by any defect or failure in the
Software regardless of the form of action, whether in contract, tort,
including negligence, strict liability or otherwise, shall be to
discontinue use of the Software.  This Agreement shall be construed
in accordance with and governed by the laws of the State of California.
Copyright and other proprietary matters will be governed by United
States laws and international treaties.  IN ANY CASE, NEW VIRTUAL
RESEARCH SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST
SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR
DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF NEW VIRTUAL RESEARCH OR ITS
AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.

6. GENERAL PROVISIONS.  Neither this Agreement nor any part or portion
hereof shall be assigned or sublicensed, except as described herein.
Should any provision of this Agreement be held to be void, invalid,
unenforceable or illegal by a court, the validity and enforceability
of the other provisions shall not be affected thereby.  If any
provision is determined to be unenforceable, you agree to a
modification of such provision to provide for enforcement of the
provision's intent, to the extent permitted by applicable law.
Failure of a party to enforce any provision of this Agreement shall
not constitute or be construed as a waiver of such provision or of
the right to enforce such provision.  If you fail to comply with any
terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

7. ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE
INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR
BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE,
YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU
FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN
NEW VIRTUAL RESEARCH AND YOU, THIS AGREEMENT IS A COMPLETE AND
EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR
UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN NEW VIRTUAL
RESEARCH AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.