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Text File | 1989-12-07 | 5.9 KB | 108 lines | [TEXT/KAHL] |
- BY USING THE SOFTWARE THAT IS PART OF THIS PACKAGE, YOU ARE
- AUTOMATICALLY AGREEING TO ALL THE TERMS OF THE FOLLOWING
- AGREEMENT. IF YOU DO NOT AGREE WITH THERE TERMS, DO NOT USE THIS
- SOFTWARE.
-
- ------------------------------------------------------------------
-
- LICENSE AGREEMENT AND WARRANTY DISCLAIMER
-
-
- 1. License. Farallon Computing, Inc. (“Farallon”) hereby grants to any
- person or entity which has acquired the enclosed software (hereafter
- referred to as “Developer”), and Developer hereby accepts from Farallon, a
- fully-paid, nonexclusive, nontransferable worldwide license ("this
- License") (i) to use the enclosed software and source code (the “Farallon
- Software”) to develop computer software programs (“Programs”) intended
- for use in combination exclusively with Farallon’s MacRecorder® sound
- digitizer and incorporating all or any portion of the Farallon Software
- files identified as Sound.c and Sound.h (the “Sound Files”) and (ii) to
- distribute the Sound Files for use only in combination with Programs and
- only on the terms and conditions stated herein. This license may be
- exercised by Developer only in connection with the development of
- software products which, among other things, are intended to facilitate
- the recording, playback and editing of sound exclusively using the Farallon
- MacRecorder® sound digitizer. Any other use of the Farallon software is
- strictly prohibited and shall render this license void without further
- notice to Developer, in addition to any other remedies which Farallon may
- have for misuse of this license. Developer agrees that this License gives
- no title or rights of ownership in the Farallon Software and acknowledges
- that such Software is proprietary to Farallon.
-
- 2. Disclaimer of Warranty. Developer understands and acknowledges that
- Farallon provides no support for the Farallon Software. Farallon licenses
- the Farallon Software to Developer on an "as is" basis. FARALLON MAKES
- NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE FARALLON
- SOFTWARE. FARALLON HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED
- WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
- NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
- PURPOSE. Without limiting the foregoing, in no event shall Farallon be
- liable for incidental or consequential damages resulting from the use, sale
- or distribution of Farallon Software by Developer or others, whether under
- theory of contract, warranty, tort or products liability and even if
- Farallon has been advise of the possibility of such liability
-
- 3. Labelling.
- (a) Developer shall not remove any copyright notices or proprietary
- legends contained within the Farallon Software and Developer shall
- include on the label of each Program diskette, and in the screen display
- About Box, a copyright notice as follows: "Portions ©1989 Farallon
- Computing, Inc."
-
- (b) In addition, Developer shall include a notice in a prominent place in
- the manual accompanying any Program, as follows:
-
- Portions of this software program have been provided by Farallon
- Computing, Inc. in order to enable this program to be used with Farallon’s
- MacRecorder® sound digitizer. Farallon makes no warranties regarding
- this program, its merchantability or its fitness for any particular purpose.
-
- (c) Farallon may, during the term of this Agreement, require revisions
- or additions to the notices to be placed on the software or in Developer's
- manual. Developer shall incorporate such revisions or additions to the
- notices required herein, within thirty (30) days of written notice from
- Farallon .
-
- (d) Developer is encouraged to include a notice in its advertising
- indicating that its Program is compatible with Farallon's MacRecorder®
- sound digitizer product; provided, that any such notice shall not make it
- appear that the Program originates from Farallon. Such notice shall never
- include the use of Farallon's logo. Developer shall indicate in its
- advertising that "Farallon" is a trademark and "MacRecorder" is a
- registered trademark of Farallon Computing, Inc. Farallon shall have the
- right to control all aspects of the manner in which its trademarks are
- used.
-
- (e) Developer shall provide Farallon with an archive copy of Developer
- Programs for the sole purpose of monitoring Developer's compliance with
- the terms of this Agreement. Farallon shall keep all such copy or copies in
- strict confidence and agrees not to disclose or distribute them in any way
- without permission of Developer.
-
- 4. Breach and Termination.
- In the event that any breach of this Agreement by Developer continues
- after the expiration of thirty (30) days from the date of written notice by
- Farallon of such breach, Farallon may terminate this Agreement by
- written notice to Developer, whereupon this License and all rights granted
- to Developer herein shall immediately cease. Waiver by Farallon of any
- breach by Developer shall not be deemed to be a waiver of any other or
- subsequent breach. The rights of Farallon under this clause are in addition
- to any other rights and remedies provided by law or under this Agreement.
- Upon written notice by Farallon after any termination of this Agreement,
- Developer shall promptly return to Farallon all Farallon Software supplied
- under Paragraph 4 above.
-
- 5. General. Any notice required under this Agreement shall be given by
- first class mail, postage prepaid with return receipt requested. This
- Agreement constitutes the entire Agreement between the parties
- concerning the subject matter hereof. Any waiver or amendment of any
- provision of this Agreement shall be effective only if in writing and
- signed by the parties. This Agreement may not be assigned, nor the rights
- granted hereunder sublicensed, by Developer without the prior written
- consent of Farallon. This Agreement shall not be construed as creating an
- agency, partnership or any other form of legal association between the
- parties. This Agreement shall be governed by the laws of the State of
- California and the U.S. Copyright laws.
-
-
-