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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.
-