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2004-08-03
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ImageFX/PowerStation README
Welcome to the AmigaOS Lite version of ImageFX and the AmigaOS version of
PowerStation. These packages are to be supplied only to AmigaOS4 users.
To Install just open the CD drive and click on the Install icon for
whichever package you wish to install to your system.
This version of ImageFX is not supplied with the built-in animation
facilities of ImageFX 4.5, nor morphing, keyframing or a number of other
features. You can upgrade to the full version for only $99.95 and we take
orders directly from our web site at www.novadesign.com
Please enjoy this package!
The ImageFX Team
ImageFX/PowerStation Software License
ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY. THE INDIVIDUAL OR ENTITY
OPENING THIS PACKAGE (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF
THIS LICENSE. IF YOU OPEN THIS PACKAGE AND DO NOT AGREE TO THE TERMS OF THIS
LICENSE DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE PACKAGE UNUSED, AND
THE LICENSE PRICE WILL BE REFUNDED.
Nova Design, Inc., a Virginia Corporation ("Licensor"), provides the
enclosed computer program(s) and the accompanying documentation to the
End-User for use only under the following terms. Licensor reserves any right
not expressly granted to the End-user. The End-User owns the disk on which
the Software is recorded, but Licensor retains ownership of all copies of
the Software itself. The End-User assumes sole responsibility for the
installation, use and results obtained from use of the Software.
1. License.
End-User is granted a limited, non-exclusive license to do only the
following:
A. Install and maintain the Software on one computer at any time for use
only in the End-User's own business.
B. Make one copy in machine-readable form solely for backup or archival
purposes for the computer which the Software is installed. Copyright law
protects the Software. As an express condition of this License, the End-User
must reproduce on the copy Licensor's copyright notice and any other
proprietary legends on the original copy supplied by Licensor.
C. Transfer the Software and all rights under this License to another party
together with a copy of this License and all written materials accompanying
the Software, provided (i) the End-User gives Licensor written notice of the
transfer (including in such notice the identity of the transferee), and (ii)
the other party reads and agrees to accept the terms and conditions of this
License.
2. Restrictions.
The End-User may NOT sublicense, assign, or distribute copies of the
Software to others. The Software contains trade secrets. The End-User may
NOT decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human readable form. THE END-USER MAY NOT MODIFY, ADAPT,
TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE
ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE
SOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.C.
ABOVE.
3. Protection and Security.
The End-User agrees to use its best efforts and to take all reasonable steps
to safeguard the Software to ensure that no unauthorized person shall have
access thereto and that no unauthorized copy, publication, disclosure or
distribution in whole or in part, in any form, shall be made. The End-User
acknowledges that the Software contains valuable confidential information
and trade secrets and that unauthorized use and/or copying are harmful to
Licensor.
4. Termination.
This License is effective until terminated. This License will terminate
immediately without notice from Licensor if the End User fails to comply
with any of its provisions. Upon termination, the End User must destroy the
Software and all copies thereof, and the End-User may terminate this License
at any time by doing so.
5. Limited Warranty.
Licensor warrants that, for thirty (30) days from the date of initial
purchase by the original End User, the Software shall operate substantially
in accordance with the published functional specifications current at the
time of shipment. If, during the warranty period, a defect appears, End User
shall return the Software to Licensor and Licensor's only obligation shall
be, at Licensor's election, to replace the defective Software or refund the
purchase price. The End-User agrees that the foregoing constitutes the
End-User's sole and exclusive remedy for breach by Licensor under any
warranties made under this Agreement. This warranty does not cover any
Software that has been altered or changed in any way by anyone other than
Licensor. Licensor is not responsible for problems associated with or caused
by incompatible operating systems or equipment, or for problems in the
interaction of the Software with software not furnished by Licensor.
No oral or written information or advice given by Licensor or its dealers,
distributors, employees or agents shall in any way extend, modify or add to
the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND
PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS,
OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR
BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR
ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE
LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO
LICENSOR FOR THE LICENSE OF THE SOFTWARE.
6. Enhancements.
>From time to time Licensor may, in its sole discretion, advise the End-User
of updates, upgrades, enhancements or improvements to the Software and/or
new releases of the Software (collectively, "Enhancements"), and may license
the End-User to use such Enhancements upon payment of prices as may be
established by Licensor from time to time. All such Enhancements to the
Software provided to the End-User shall also be governed by the terms of
this License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL BE
ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE
END-USER MUST COMPLETE, SIGN AND RETURN TO LICENSOR THE ATTACHED END-USER
REGISTRATION CARD.
7. General.
This License will be governed by and construed in accordance with the laws
of the Virginia, and shall inure to the benefit of Licensor and End-User and
their successors, assigns and legal representatives. If any provision of
this License is held by a court of competent jurisdiction to be invalid or
unenforceable to any extent under applicable law, that provision will be
enforced to the maximum extent permissible, and the remaining provisions of
this License will remain in full force and effect. Any notices or other
communications to be sent to Licensor must be mailed first class, postage
prepaid, to the following address: Nova Design, Inc., 1910 Byrd Ave, Suite
204, Richmond, VA 23230 USA
This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof, and all prior proposals, agreements,
representations, statements and undertakings are hereby expressly canceled
and superseded. This Agreement may not be changed or amended except by a
written instrument executed by a duly authorized officer of Licensor.
8. Acknowledgment.
BY OPENING THIS PACKAGE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS
LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Should you have any questions concerning this License, contact Licensor at
the address set forth above.