This is an agreement between you, the end user, and Jasc Software, Inc. ("Jasc"). By using this software, you are agreeing to become bound by the terms of this agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY REMOVE IT FROM YOUR COMPUTER.
1. GRANT OF LICENSE. Jasc, as Licensor, grants to you, the Licensee, a non-exclusive right to use this software program (hereinafter the "Software") in accordance with the terms contained in this license. You may use the Software on a single computer.
2. OWNERSHIP OF SOFTWARE. Jasc retains the copyright, title and ownership of the SOFTWARE and the written materials regardless of the form or media in or on which the original and other copies may exist. You may make one (1) copy of the SOFTWARE solely for backup purposes. You must reproduce and include the copyright notice on the backup copy.
3. TRANSFERS. You may physically transfer the SOFTWARE from one of your computers to another provided that the SOFTWARE is used on only one computer at a time.
4. TERM. This License is effective for the longer of 30 days following the date you install the SOFTWARE or after 20 uses. This License will terminate automatically without notice from Jasc if you fail to comply with any provision of this License. Upon termination you shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any.
5. US GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and any accompanying materials are provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Jasc Software, Inc., PO Box 44997, Eden Prairie MN 55344.
6. LIMITED WARRANTY. Jasc warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. In the event of defects, Jasc's sole liability shall be to replace the defective media which has been returned to JASC or the supplier with your dated invoice and is shown to be defective. In the event that JASC is unable to replace defective media, Jasc shall refund your money upon your termination of this license.
7. THIS SOFTWARE AND ACCOMPANYING DOCUMENTATAION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, FURTHER, JASC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOUR. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVEYOU, AND NOT JASC OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY JASC, ON THIS JASC PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JASC, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
9. NEITHER JASC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF JASC HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
10. Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will Jasc's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
11. This License shall be governed and construed in accordance with the laws of the State of Minnesota and shall benefit Jasc, its successors and assigns.
Acknowledgment
BY USING THE EVALUATION VERSION OF PAINT SHOP PRO, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LIMITED WARRANTY.
JASC SOFTWARE, INC. HAS SECURED AN AGREEMENT WITH UNISYS TO USE THEIR PATENTED LZW COMPRESSION TECHNOLOGY IN THE TIFF AND GIF IMAGE FILE FORMATS. THIS AGREEMENT COVERS BOTH THE EVALUATION AND LICENSED VERSIONS OF JASC PRODUCTS. BY USING JASC PRODUCTS YOU ARE ASSURED OF BEING IN COMPLIANCE WITH UNISYS' LZW PATENT.
OUR AGREEMENT WITH UNISYS REQUIRES THE FOLLOWING STATEMENT TO BE INCLUDED WITH ALL EVALUATION VERSIONS. PLEASE NOTE THAT ALTHOUGH PARAGRAPH 2 STATES THAT OUR PRODUCTS CAN NOT BE USED FROM A NETWORK SERVER, THE AGREEMENT THAT JASC HAS SECURED WITH UNISYS WILL (I REPEAT, WILL) ALLOW YOU TO OPERATE THE LICENSED VERSION ON YOUR NETWORK SERVER PROVIDED YOU HAVE PURCHASED A SITE LICENSE.
1. Use of this software is permitted only to the extent reasonably required to determine whether to purchase the software.
2. After payment is made, use of this software is limited to use on only a single personal computer or workstation which is not used as a server. An additional payment is required for each use on another personal computer or workstation.
3. Only a single copy may be made of this software solely for backup or archival purposes. The software may also be transferred to a single hard disk.
4. Any use of this software in violation of the above is not licensed.
5. For information concerning licensing the LZW compression and/or decompression capability, please contact:
Unisys Corporation
Welch Licensing Department - C1SW19
Township Line & Union Meeting Roads
P.O. Box 500
Blue Bell, Pennsylvania 19424
Technical Support
Technical support for Paint Shop Pro 5 can be obtained from:
USA & Canada
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Jasc Software, Inc.
PO Box 44997
Eden Prairie, MN 55344 USA
Voice: (612) 930-9171 (8am to 6pm US Central Standard Time)
