MacFormat UK 160 - Disc 1/MF_UK_160_1.iso/pc/DiscContent/FullSoftware/Amapi61MacEn/Doc/License.txt

Text File | 2001-02-28 | 7.3 KB | 158 lines

IMPORTANT READ CAREFULLY:

This TGS End-User License Agreement ("License") is a legal
agreement between you, either an individual, organization, or
entity ("Recipient) for which includes computer software,
associated media, documents, both printed and electronic
("Software" and "Software Product").

BY CLICKING ON THE "ACCEPT" BUTTON OR BY USING OR INSTALLING THIS
SOFTWARE, RECIPIENT IS CONSENTING TO BE BOUND BY AND BECOMING
A PARTY TO THIS AGREEMENT. IF RECIPIENT DOES NOT AGREE TO ALL OF
THE TERMS OF THIS AGREEMENT, RECIPIENT IS NOT AUTHORIZED TO USE
THE SOFTWARE AND MUST CLICK "CANCEL" TO STOP INSTALLATION, OR
UNINSTALL THE SOFTWARE IF IT IS ALREADY INSTALLED.


              TEMPLATE GRAPHICS SOFTWARE, INC.
            END-USER SOFTWARE LICENSE AGREEMENT


The Template Graphics Software, Inc. (TGS) Software delivered
is intended for individual personal use only.  Redistribution
is not allowed.


1. GRANT OF LICENSE:

    Copy and Use.  TGS grants to Recipient a limited, non-exclusive
License to use 1 (one) copy of the accompanying TGS Software on a
single CPU located on the Recipient's premises.  All remaining
rights are reserved to TGS and its suppliers. TGS and its suppliers
retain all ownership and title to the Software at all times.

    Support and Updates. This License does not grant Recipient any
right to technical or Software support of any kind, bug fixes, or
any enhancement or  update, nor to any extension of time protected
TGS Software.

    This License applies to any updates or extensions of time
protected Software which may be supplied to Recipient by TGS.

    Redistribution and Content Use. This License prohibits the
Recipient from redistributing of any part of the Software Product,
including images, models, applets, documents, icons and programs,
both for commercial or non-commercial purposes.

    This License grants to the Recipient the right to use images and
models created through using the Software for either commercial
or non-commercial purposes. At no time may the Recipient redistribute
images or 3D models that are delivered with the Software.  The Recipient
may not re-license or re-distribute the images, models or clip art
that are delivered with the Software.


2. RESTRICTIONS:

    Copyright, Title, ownership rights, and intellectual property rights
in and for the Software shall remain with TGS and its suppliers. 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
does not provide any rights to Recipient for such content.

    Recipient must maintain all copyright notices on all copies of the
Software Product.

    Recipient shall not attempt to reverse-engineer, decompile or
take actions to disassemble the Software.

3. DISCLAIMER OF WARRANTY:

    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 Recipient.

    Should the Software prove defective, Recipient,and not TGS, assume
the entire cost of any service and repair. In addition, the
security mechanism implemented by the Software has inherent
limitations, and Recipient must determine that the Software
sufficiently meets Recipientr requirements.  This disclaimer of
warranty constitutes an essential part of the agreement.

    SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO Recipient AND Recipient MAY
HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY
JURISDICTION.

4. LIMITATION OF LIABILITY:

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE, SHALL TGS OR ITS SUPPLIERS OR RESELLERS BE LIABLE
TO Recipient 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. IN NO EVENT WILL TGS BE LIABLE FOR ANY DAMAGES
IN EXCESS OF TGS'S LIST PRICE FOR A License TO THE SOFTWARE, EVEN
IF TGS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY. 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 RECIPIENT.

5. TERMINATION:

    This License will terminate automatically if Recipient
fails to comply with the limitations described within this Agreement.
On termination, Recipient must remove the Software from all computers
onto which it is installed, and must destroy or return
all copies of the Software.

6. EXPORT CONTROLS:

    None of the Software or underlying information or technology may be
downloaded or otherwise exported or re-exported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia
(Serbia and Montenegro), 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, Recipient agrees to the
foregoing and Recipient is representing and warranting that
Recipient is not located in, under the control of, or a national
or resident of any such country or on any such list.

7. MISCELLANEOUS:

   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 executedby 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.

8. U.S. Government Restricted Rights:

    Use, duplication or disclosure by the Government is subject to
restrictions set forth in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at FAR 52.227-19
when applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013,
and in similar clauses in the NASA FAR Supplement.

Contractor/manufacturer is Template Graphics Software, Inc.
5330 Carroll Canyon Road, Suite 201, San Diego, California, 92121.
http://www.tgs.com, 858.457.5359 (v) 858.452.2547 (f).  [e-mail].