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- END USER AND ROYALTY FREE DISTRIBUTION LICENSE AGREEMENT -
- FRACTAL IMAGE DECODER
-
- REDISTRIBUTION PERMITTED ONLY IF PROGRAM AND FILES ARE NOT MODIFIED AND
- ALL FILES, INCLUDING THIS FILE, ARE INCLUDED.
-
- GRANT: Iterated Systems, Inc. ("Iterated") hereby grants you a limited,
- nontransferable, terminable, non-exclusive license subject to the
- following to use its accompanying computer software product known as the
- Fractal Image Decoder (including the 16-bit, 32-bit and Macintosh
- versions "Software") for individual use only on a Personal Computer
- described below. You may place the Software on networks and online
- systems exclusively for the purpose of allowing downloading and copying
- of the Software for archival, distribution and installation purposes
- (but not for purposes of execution by the network or online system)
- provided any such copy must contain all of the original Software and
- text files including this License Agreement and any proprietary, license
- and copyright notices on the original. This License Agreement only
- applies to the image compression decoder Software described above and
- does not grant any rights to any other Iterated software, even if
- related to the Software, including any software that encodes or
- compresses images in any way.
-
- You may use the Software only on a single user Personal Computer that:
- (a) has one Intel 386, 486 or Pentium processor, Motorola 68036 or 68040
- processor or IBM Power PC processor; (b) operates only the Microsoft
- DOS and Windows operating system or the Macintosh operating system; (c)
- contains at least 4 megabytes of random access memory; (d) contains 80
- megabytes of internal hard disk storage; (e) contains a keyboard (not an
- infrared remote) and monitor (not a television set); (f) is able to
- produce printed output on a local printer; and (g) does not act as a
- server on any network (including a local area network, wide area network
- or Internet) or otherwise allow operation of the Software from a remote
- or separate computer or terminal ("Personal Computer"). For the
- avoidance of doubt, and without limitation of the foregoing, "Personal
- Computer" does not include game players, television set-top boxes or so-
- called "Internet Appliances".
-
- You may not permit other individuals to use, operate or copy the
- Software (except as permitted above). You may not use or allow the use
- of the Software on any computer or other device that is not a Personal
- Computer (as defined above). You may not modify, translate, reverse
- engineer, decompile, disassemble, (except to the extent applicable laws
- prohibit such restriction), or create derivative works based on the
- Software, copy the Software (except as specified above), rent, lease,
- transfer, license or otherwise transfer rights to the Software, or
- remove any proprietary notices, licenses, displays, installation
- procedures or labels on or in the Software, whether set forth in text
- files or on media.
-
- DISCLAIMER OF WARRANTY: THE SOFTWARE IS LICENSED ON AN AS-IS BASIS,
- WITHOUT WARRANTY OR CONDITION OF ANY KIND AND ITERATED DISCLAIMS ALL
- WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
- NON-INFRINGEMENT. The entire risk as to the quality and performance of
- the Software is borne by you. Should the Software prove defective, you
- and not Iterated assume the entire cost of any service and repair. This
- Disclaimer of Warranty constitutes an essential part of the License
- Agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
- SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL
- RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
-
- LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
- THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL ITERATED OR ITS
- SUPPLIERS, LICENSORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
- FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
- TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
- STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR ANY AND ALL
- OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ITERATED BE LIABLE
- FOR ANY DAMAGES IN EXCESS OF ITERATED'S LIST PRICE LICENSEE FEE FOR THE
- SOFTWARE, IF ANY, EVEN IF ITERATED SHALL HAVE BEEN INFORMED OF THE
- POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME
- STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO
- YOU.
-
- TITLE: Title, ownership rights, and intellectual property rights in
- and to the Software shall remain in Iterated and/or its licensors or
- suppliers. The Software is protected by copyright laws of the United
- States and international copyright treaties. You are permitted to use
- only one copy of the Software, even if you receive multiple copies,
- whether via download or on magnetic media. Title, ownership rights, and
- intellectual property rights in and to the content accessed through the
- Software is the property of the applicable content owner, and may be
- protected by copyright or other applicable law. This License gives you
- no rights to such content.
-
- TERMINATION: This License will terminate automatically if you fail to
- comply with the limitations described above. On termination, you must
- destroy all copies of the Software and documentation.
-
- MISCELLANEOUS: This Agreement represents the complete agreement
- concerning this license between the parties and supersedes all prior
- agreements and representations between the parties. This Agreement
- may be amended only by a writing executed by both parties. THE
- ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
- CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE
- CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is
- held to be unenforceable for any reason, such provision shall be
- reformed only to the extent necessary to make it enforceable. This
- Agreement shall be governed by and construed under Georgia substantive
- law as such applies to agreements between Georgia residents entered into
- and performed within Georgia, except as governed by United States
- Federal law. You consent to the jurisdiction of the state and federal
- courts in the State of Georgia, U.S.A. The application of the United
- Nations Convention on Contracts for the International Sale of Goods is
- expressly excluded.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation are
- provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by or
- for the U.S. Government is subject to restrictions set forth in DFARS
- 252.227-7013 (c)(1)(ii), FAR 52.227-19, and Clause 18-52.227-86(d) of
- NASA Supplement to the FAR, as applicable. Contractor/manufacturer is
- Iterated Systems, Inc., 3525 Piedmont Road, Seven Piedmont Center, Suite
- 600, Atlanta, Georgia, U.S.A. 30305-1530.
-
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