DigitalVision: Earthworks/DISC2.iso/pc/license.txt

Text File | 1996-09-19 | 5.5 KB | 103 lines

   <R>KUDO READER END USER LICENSE AGREEMENT
   <R>NO FEE READ-ONLY VERSION

   <N>BY CLICKING ON THE  <R>" Yes "  <N>BUTTON, YOU ARE CONSENTING TO BE
   BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO
   NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,  CLICK THE
   <R>" No " <N>BUTTON AND THE INSTALLER WILL QUIT GRANT.

   Imspace Systems Corporation ("Imspace") hereby grants you a
   non-exclusive license to use its accompanying software product
   ("Software") free of charge if
   (a) you do not try to sell, modify, or otherwise alter the software
   in any way;
   or (b) all documentation is included with the distribution of this
   software product. If you fit within the above description, you
   may: use the Software on any computer; you may copy the
   Software for archival purposes, provided any copy contain all
   of the original Software's proprietary notices. You may not:
   permit other individuals to use the Software except under the
   terms listed above; modify, translate, reverse engineer,
   decompile, disassemble (except to the extent applicable laws
   specifically prohibit such restriction), or create derivative
   works based on the Software; copy the Software (except for
   back-up purposes); rent, lease, transfer or otherwise transfer
   rights to the Software; or remove any proprietary  notices or
   labels on the Software.

      <R>TITLE.
   <N>Title, ownership rights, and intellectual property rights in
   and to the Software shall remain with Imspace. The Software is
   protected by the copyright laws of the United States and
   international copyright treaties.
   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 applicable copyright or other law. This License
   gives you no rights to such content.

      <R>DISCLAIMER OF WARRANTY.
   <N>The Software is provided on an "AS IS" basis, without warranty
   of any kind, including without limitation the 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 Imspace assume the entire
   cost of any service and repair. In addition, the security
   mechanism implemented by the Software has inherent limitations,
   and you must determine that the Software sufficiently meets
   your requirements. This disclaimer of warranty constitutes an
   essential part of the agreement.

   <R>SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
   <N>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, TORT,
   CONTRACT, OR OTHERWISE, SHALL IMSPACE BE LIABLE TO YOU OR ANY
   OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
   CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
   LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
   COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
   COMMERCIAL DAMAGES OR LOSSES. THIS LIMITATION OF LIABILITY
   SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO
   THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
   FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR
   LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
   LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 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. EXPORT CONTROLS.  None of
   the Software or underlying information or technology may be
   downloaded or otherwise exported or reexported
   (i) into (or to a national or resident of) Cuba, Iraq, Libya,
   Yugoslavia, North Korea, Iran, Syria or any other country to
   which the U.S. has embargoed goods; or
   (ii) to anyone on the U.S. Treasury Department's list of Specially
   Designated Nationals or the U.S.  Commerce Department's Table of
   Deny Orders.
   By downloading  or using the Software, you are agreeing to the
   foregoing and you are representing and warranting that you are
   not located in, under the control of, or a national or resident
   of any such country or on any such list.

      <R>MISCELLANEOUS.
   <N>This Agreement represents the complete agreement concerning this
   license between the parties and supersedes all prior agreements
   and representations between them. It may be amended only by a
   writing executed by both parties.
   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 California law as such law applies to
   agreements between California residents entered into and to be
   performed within California, except as governed by Federal law.
   The application the United Nations Convention of Contracts for
   the International Sale of Goods is expressly excluded.

                    Contractor/manufacturer is:
                 <R>Imspace Systems Corporation,
                    2665 Ariane Drive Suite 207
                       San Diego, CA  92117.