home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
DOS/V Power Report 1997 September
/
VPR9709A.ISO
/
PLUGIN
/
CFUSION
/
LICENSE.TXT
< prev
Wrap
Text File
|
1996-07-08
|
7KB
|
102 lines
This License Agreement applies only to Iterated's CoolFusion product.
END USER AND ROYALTY FREE DISTRIBUTION
LICENSE AGREEMENT
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 CoolFusion streaming video viewing software (the "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
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.
ゥ Iterated Systems, Inc.
Trademarks
Home | What's New | Contact Us
Last update May 07, 1996 02:36