IMPORTANT - READ CAREFULLY BEFORE USING THIS SOFTWARE:
BY USING THIS SOFTWARE YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE AND PROMPTLY RETURN IT TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE, YOU WILL NOT BE LEGALLY ENTITLED TO USE THE SOFTWARE.
The enclosed computer program(s) ("Software") is licensed, not sold, to you by Totally Hip Software Inc. ("Totally Hip") for use only under the terms of this License, and Totally Hip reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but Totally Hip and its suppliers retain ownership of the Software itself.
1. LICENSE
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USE OF THE SOFTWARE: You may install and use one copy of the Software on a single computer at a time. You may not use or install the Software on another computer. You may not loan, rent, lease, or otherwise transfer the Software to another user, except as part of a permanent transfer (as provided below) of the Software.
STORAGE/NETWORK USE: Provided the Software is configured for network use, you may install and use the Software on a single file server or storage device to install or run the Software on your other computers over an internal network; however, you must either acquire and dedicate a separate License for each computer on which the Software is installed or run from the file server or storage device or acquire a site license from Totally Hip.
USE OF IMAGES: You may modify, publish and distribute the included clip art animations provided you are not marketing your work as clip art animation. You should use your own good judgment in the responsible use of the images. You should be careful not to use the images to create work that might be considered obscene. In addition, certain images may contain logos or other matter that are the intellectual property of third parties. Know your rights and always seek direct permission from the work's owner if you intend to use a third-party trade mark, service mark, trade name or likeness.
2. OTHER RIGHTS AND LIMITATIONS
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LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY:
You may not reverse engineer, decompile, disassemble or otherwise reduce the Software to any human perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
SEPARATION OF COMPONENTS:
The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
RENTAL OR LEASE:
You may not rent or lease the Software.
SOFTWARE TRANSFER:
You may permanently transfer all your rights under this License, provided your retain no copies; you transfer all the Software, including all component parts, the media, any upgrades and this License; and the recipient agrees to the terms of this License.
TERMINATION:
Without prejudice to any other rights, Totally Hip may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the Software and all its component parts.
3. COPYRIGHT
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All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software), and any copies of the Software are owned by Totally Hip or its suppliers and its structure, organization and code are the valuable trade secrets of Totally Hip and its suppliers. The Software is protected by Canadian and United States copyright laws and international treaty provisions.
Therefore, you must treat the Software like any other copyrighted material except that (a) you may make one copy for use if the original is kept for back-up or archival purposes or for back-up or archival purposes if the original is installed on one computer, or (b) a copy may be used exclusively by the primary user on his or her home or portable computer. You may not copy the printed materials accompanying the Software.
4. U.S. GOVERNMENT RESTRICTED RIGHTS
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The Software is provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227 -7013 or the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Totally Hip Software Inc., Suite 201-1040 Hamilton Street, Vancouver, B.C. V6B 2R9.
5. APPLICABLE LAW
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If you acquired the Software in the United States, this License is governed by the laws of the state of Washington. If you acquired the Software in Canada, this License is governed by the laws of the Province of British Columbia excluding the application of its conflicts of law rules. If you acquired the Software in another jurisdiction, this License is governed by the laws of the jurisdiction in which it is acquired. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the Canadian or United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Totally Hip Software Inc.
6. LIMITED WARRANTY
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Totally Hip warrants for a period of ninety (90) days from the date of purchase that (a) the media on which the Software is recorded will be free from defects in materials and workmanship under normal use, and (b) the Software will perform substantially in accordance with Totally Hip's published specifications for the Software.
NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTALLY HIP AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURIDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOTALLY HIP AND ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TOTALLY HIP 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 LIMITATION MAY NOT APPLY TO YOU. CUSTOMER REMEDIES: TOTALLY HIP AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT TOTALLY HIP'S OPTION, EITHER (A) RETURN OF THE PRICE PAID, OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET TOTALLY HIP'S LIMITED WARRANTY AND WHICH IS RETURNED TO TOTALLY HIP WITH A COPY OF YOUR RECEIPT. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION. ANY REPLACEMENT SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER.
Copyright (c) 1996-1999. Totally Hip Software Inc., Suite 201-1040 Hamilton Street, Vancouver, B.C. V6B 2R9. WebPainter and Totally Hip are trademarks of Totally Hip Software Inc.
