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Power Pack 10,000 Cliparts
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License.txt
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1997-07-29
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8KB
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218 lines
LICENSE AGREEMENT AND
LIMITED WARRANTY
PLEASE READ THIS LICENSE CAREFULLY
BEFORE USING THE SOFTWARE. THIS
DOCUMENT IS AN AGREEMENT BETWEEN
YOU AND IA USERS CLUB, INC. D/B/A
GRAPHICCORP (THE "COMPANY"). THE
COMPANY IS WILLING TO LICENSE THE
ENCLOSED SOFTWARE TO YOU ONLY ON
THE CONDITION THAT YOU ACCEPT ALL THE
TERMS CONTAINED IN THIS AGREEMENT.
BY USING THE SOFTWARE YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF
THIS LICENSE. IF YOU DO NOT AGREE TO
THE TERMS OF THIS LICENSE, PROMPTLY
RETURN THE UNUSED SOFTWARE TO IA
USERS CLUB, INC. D/B/A GRAPHICCORP, 3348
OVERLAND AVE., SUITE 100, LOS ANGELES,
CA 90034, OR CALL (310)287-2001/(800)743-
1792, OR FAX (310)287-2347/(800)600-0312 AND
YOUR MONEY WILL BE PROMPTLY
REFUNDED.
1. Ownership and License. This is a license
agreement and NOT an agreement for sale. The
software contained in this package (the "Software") is
the property of the Company and/or its Licensors.
You own the disk/CD on which the Software is
recorded, but the Company and/or its Licensors
retain title to the Software and related documentation.
Your rights to use the Software are specified in this
Agreement, and the Company and/or its Licensors
retain all rights not expressly granted to you in this
Agreement.
2. Permitted Uses. You are granted the following
rights to the Software:
(a) Right to Install and Use. You may
install and use the Software on no more than two
computers that you own. If you wish to use the
Software on more than two computers, please contact
the Company for information concerning an
upgraded license allowing use of the Software with
additional computers.
(b) Right to Copy. You may make and
maintain one copy of the Software for backup and
archival purposes, provided that the original and each
copy of the Software are kept in your possession.
3. Prohibited Uses. The following uses of the
Software are prohibited. If you wish to use the
Software in a manner prohibited below, please
contact the Company at the address, phone, or fax
numbers listed above for information regarding a
"Special Use License". Otherwise, you may NOT:
(a) Make or distribute copies of the
Software or documentation, or any portion thereof,
except as expressly provided in this Agreement;
(b) Use any backup or archival copy of the
Software (or allow someone else to use such copy)
for any purpose other than to replace the original
copy in the event it is destroyed or becomes
defective;
(c) Alter, decompile, or disassemble the
Software, create derivative works based upon the
Software, or make any attempt to bypass, unlock or
disable any protective or initialization system on the
Software;
(d) Rent, lease, sub-license, time-share, or
transfer the Software or documentation, or your
rights under this Agreement;
(e) Remove or obscure any copyright or
trademark notice(s) on the Software or
documentation;
(f) Upload or transmit the Software, or any
portion thereof, to any electronic bulletin board,
network, or other type of multi-user computer system
regardless of purpose;
(g) Include the Software in any commercial
products intended for manufacture, distribution, or
sale; or
(h) Include the Software in any product
containing immoral, scandalous, controversial,
derogatory, obscene, or offensive works.
4. Termination. This license is effective upon the
first use, installation, loading or copying of the
Program. You may terminate this Agreement at any
time by destruction and disposal of the Software and
all related documentation. This license will terminate
automatically without notice from the Company if
you fail to comply with any provisions of this
license. Upon termination, you shall destroy all
copies of the Software and any accompanying
documentation. All provisions of this Agreement as
to warranties, limitation of liability, remedies or
damages shall survive termination.
5. Copyright Notice. The Company and/or the
following Licensors hold valid copyright in the
Software. Nothing in this Agreement constitutes a
waiver of any rights under U.S. Copyright law or any
other federal or state law.
(a) A portion of the images * IA Users
Club, Inc. d/b/a GraphicCorp. All Rights Reserved.
(b) A portion of the images * The Digital
Design Collection, Inc., selections from The Meller
Archive.
All Rights Reserved. The images contained herein
may not be included in any commercial product
intended for manufacture, or for distribution or sale
to the general public.
(c) A portion of the images * The Gifted
Line. From The John Grossman Collection of
Antique Images. All Rights Reserved.
(d) A portion of the images * Imageline,
Inc.
(e) A portion of the images * Management
Graphics Ltd.
(f) A portion of the images * Produktum
AB, Sweden.
(g) A portion of the images * TnT Designs.
(h) A portion of the fonts * Weatherly
Systems, Inc.
6. Miscellaneous. This Agreement shall be
governed by the laws of the United States of America
and the State of Washington. If any provision, or any
portion, of this Agreement is found to be unlawful,
void, or for any reason unenforceable, it shall be
severed from, and shall in no way affect, the validity
or enforceability of the remaining provisions of the
Agreement.
7. Limited Warranty and Disclaimer of Warranty.
For a period of 90 days from the date you acquired
the Software, the Company warrants that the
Software will be free from defects in materials and
workmanship under normal use. If the Software fails
to conform to this warranty, you may, as your sole
and exclusive remedy, obtain a replacement free of
charge if you return the defective Software to us with
a dated proof of purchase. The Company does not
warrant that the Software or its operations or
functions will meet your requirements, nor that the
use thereof will be without interruption or error.
EXCEPT FOR THE EXPRESS WARRANTY SET
FORTH ABOVE, THE COMPANY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING AND WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. EXCEPT FOR THE
EXPRESS WARRANTY SET FORTH ABOVE,
THE COMPANY DOES NOT WARRANT,
GUARANTEE OR MAKE ANY
REPRESENTATION REGARDING THE USE OR
THE RESULTS OF THE USE OF THE
SOFTWARE IN TERMS OF ITS CORRECTNESS,
ACCURACY, RELIABILITY, CURRENTNESS OR
OTHERWISE.
IN NO EVENT SHALL THE COMPANY OR ITS
EMPLOYEES OR LICENSORS BE LIABLE FOR
ANY INCIDENTAL, INDIRECT, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THE LICENSE
GRANTED UNDER THIS AGREEMENT
INCLUDING, WITHOUT LIMITATION, LOSS OF
USE, LOSS OF DATE, LOSS OF INCOME OR
PROFIT, OR OTHER LOSS SUSTAINED AS A
RESULT OF INJURY TO ANY PERSON, OR
LOSS OF OR DAMAGE TO PROPERTY, OR
CLAIMS OF THIRD PARTIES, EVEN IF THE
COMPANY OR AN AUTHORIZED
REPRESENTATIVE OF THE COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL
LIABILITY OF THE COMPANY FOR DAMAGES
WITH RESPECT TO THE SOFTWARE EXCEED
THE AMOUNTS ACTUALLY PAID BY YOU, IF
ANY, FOR THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF IMPLIED WARRANTIES OR
LIABILITY FOR INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS MAY NOT
ALWAYS APPLY.
ACKNOWLEDGMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT, UNDERSTAND IT AND
AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU ALSO AGREE THAT THIS
AGREEMENT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN YOU AND THE
COMPANY AND SUPERSEDES ALL
PROPOSALS OR PRIOR ENDORSEMENTS,
ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN YOU AND THE
COMPANY OR ANY REPRESENTATIVE OF THE
COMPANY RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT.