MegaGift Special Interactive Multimedia Magazine 2/MEGAGIFTS.ISO/mac/MACGIFTS/Graphics/Paint/Fast Eddie 3.0 Folder/Fast Eddie 3.0•ReadMe/Fast Eddie 3.0•ReadMe.rsrc/TEXT_135.txt

Text File | 1995-08-29 | 10KB | 65 lines

The Fine Print

This manual and the enclosed software are copyright © 1992-1995 by LizardTech. All rights reserved. Unauthorized duplication by any means prohibited. US and International Law regarding unauthorized duplication strictly enforced.

Acknowledgments
Fast Eddie 3.0 for Macintosh: John Hall, Jim George and John R. Grizz Deal. Copyright 1992-1995, LizardTech, Santa Fe, NM. Fast Eddie is based on the MCICR image compression process created and patented at Los Alamos National Laboratory by Vance Faber, Jim White and Jeff Saltzman. MCICR optimization by John Hall and Olaf Lubeck. This software is based on DropShell by Leonard Rosenthal and friends. DropShell C++, by John Hall, available free, soon.

Logos and artwork: Jeff Segler, Atomic DoG, Inc., Santa Fe, New Mexico.

StuffIt is THE industry standard for loss-less compression. Thanks to Aladdin Systems, Inc. & Raymond Lau for allowing us to cut distribution costs by compressing our software using the greatest loss-less compression available anywhere.

Special Thanks: Our families and friends, the United States Department of Energy and US Senators Jeff Bingaman (D-NM) and Pete Domenici (R-NM), Phil Bates and the ARTBEATS gang, Mike Backes and Amblin Entertainment, the University of California/Los Alamos National Laboratory, the American Film Institute and a myriad of others who have influenced our market and design decisions.

Planet Color, the Planet Color logo, MCICR, LizardTech and the LizardTech logo, Fast Eddie, the Fast Eddie logo, and the stylized running guy are trademarks of LizardTech. All other trademarks are the property of their respective holders.


Send Lawyers, Guns & Money…

No software documentation would be complete without a nod to the great men and women who practice the fine art of deception by the misuse of laws intended to protect people like us from, well, people like them. Our overpaid, paranoid attorneys demand that we include a software license and limited warranty. By downloading and installing the software you agreed to the terms and conditions outlined in the license (see below). Because I don’t really believe people actually read their software license, I have included the short version here (but you are still bound to the contents of the full, printed license). It basically means this:

1.    don’t steal or give away our software
2.    you don’t own Fast Eddie, you have a limited license to use it on one machine
3.    if you use Fast Eddie for more than 15 days, you MUST register and pay the US$25 registration fee.
4.    if this software doesn’t do what you thought it would, sorry—call and let’s talk.

We can’t keep the lights on if we don’t make some money. Fast Eddie is the result of a lot of hard work. Like you, we deserve to get paid for working hard.

The current method of protecting intellectual property such as a book, music or software, is through the copyright laws. MCICR, the compression process upon which Fast Eddie and Planet Color are built, are protected by US and international patents. The actual software, the written words, are protected by copyright. This copyright law stipulates we must provide adequate notice as to the terms and conditions of our license with you, the consumer. Which we have now done—in several forms within this Fast Eddie package.


The Actual “Break the Seal” Software License
LizardTech End User License Agreement For Fast Eddie‚Ñ¢ Software, Macintosh version 3.0.

BY DOWNLOADING AND INSTALLING THE APPLICATION YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, you must erase from all devices both the Fast Eddie software and the installer you downloaded.

1. Scope of Use. In the Agreement, “Software” shall mean the machine readable software programs and associated files in this package and any modified version, upgrades and other copies of such programs and files. You may use the Software on a single central processing unit. You may use the Software on a multi-user system only if such a site license of volume purchase is legally acquired. LizardTech retains title to the Software.

2. Assignment. You may assign your rights under this Agreement to a third party who notifies LizardTech that it agrees to be bound by this Agreement prior to the assignment. At the same time of such assignment, you must either transfer all copies of the Software and documentation (“Documentation”) in any form to the assignee or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this Agreement.

3. Proprietary Rights. You acknowledge that the structure and organization to the Software is the valuable trade secret of LizardTech and is licensed to you an a non-exclusive basis. You agree to hold such trade secrets in confidence. You further agree not to translate, disassemble or reverse engineer the Software, in whole or in part.

4. No Other Rights. LizardTech retains title and ownership of the Software recorded on the original diskette copies and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect of the Software and Documentation.

5. Term. The license is effective until terminated. LizardTech has the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon any such termination you must destroy the original and any copies of the Software and its Documentation.

6. Limited Warranty. (a.) LizardTech warrants to you that the Software will perform substantially in accordance with the User’s Manual for a period of ninety (90) days after delivery to you. You must report all defects, and return the Software to the location where you obtained it with a copy of your receipt within such period to be eligible for warranty service. (b) If the Software fails to comply with this warranty, LizardTech will, at its option and cost, either provide all corrections required for any errors, replace the software or refund the license fee for the Software.
(c) LIZARDTECH DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES LIZARDTECH WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, LIZARDTECH MAKES NO WARRANTIES EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
(d) Some states or provinces do no allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights. You may have other rights which vary from state to state or province to province. For further warranty information you may contact Paradigm Concept’s customer support department at PO Box 2129, Santa Fe, New Mexico 87504

7. Limit of Liability. (a) IN NO EVENT WILL LIZARDTECH BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A LIZARDTECH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY PARTY.
(b) Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Choice of Law. This Agreement will be governed by the laws in force in the State of New Mexico.

9. Integration. You acknowledge that you have read this Agreement, understand it and that it is the complete and exclusive statement of your agreement with LizardTech which supersedes any prior agreement, oral or written, between LizardTech and you. No variation of the terms of this Agreement will be enforceable against LizardTech unless LizardTech gives its express consent, in writing signed by an officer of LizardTech.

Notice to Government End Users:
If this software is acquired by or on behalf of any unit or agency of the United States Government this provision applies. This Software (a) was developed at private expense, and no part of it was developed with government funds, (b) is a trade secret of LizardTech for all purposes of the Freedom of Information Act, (c) is “restricted computer software” submitted with restricted rights in accordance with 52.227-19 (a) through (d) of the Commercial Computer Software-Restricted Rights Clause and its successors and as expressly stated in LizardTech’s standard commercial agreement incorporated into the contract or P.O. between LizardTech and the government entity, (d) in all respects is proprietary data belonging solely to LizardTech, and (e) is unpublished and all rights are reserved under the copyright laws of the United States.

For units of the Department of Defense (DoD), this software is licensed only with “Restricted Rights” as that term is defined in the DoD Supplement to the Federal Acquisition Regulations, 52.227-7013(c)(1)(ii) and its successors and: Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. LizardTech PO Box 2129, Santa Fe, New Mexico 87504

If this software was acquired under a GSA Schedule, the Government has agreed to refrain from changing or removing any insignia or lettering from the software or the documentation that is provided or from producing copies of manuals or media (except for backup purposes and in accordance with the terms hereof) and
(1) Title to and ownership of this software and documentation or any reproduction thereof shall remain with LizardTech; (2) Use of this software and documentation shall be limited to the facility for which it is acquired; and (3) If the use of this software is discontinued at the installation specified in the purchase/delivery order and the Government desires to use it at another location, it may do so by giving prior written notice to LizardTech, specifying the type of equipment and new location site.

Government users other than under a DoD contract or GSA schedule are hereby notified that use of this software is subject to restrictions that are the same as or similar to those set forth above.