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The Art Effects Collectio…ks & Ghosted Backgrounds
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The Art Effects Collection: Watermarks & Ghosted Backgrounds.iso
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Text File
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1994-12-06
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10KB
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179 lines
AZTECH NEW MEDIA CORP. LICENSE AGREEMENT
______________________________________________________________
Please carefully read the following license agreement before opening the CD
container. By opening the CD container you accept the terms of this Agreement.
If you do not accept the terms of this Agreement, do not open the CD container
and promptly return the entire package to AZTECH for a full refund. If you
have opened the CD container before reading the printed license agreement and
are now reading this Agreement from one of the CD's in the package, and you
disagree with any of the terms of this Agreement, please immediately replace
the CD in the container and return it to Aztech along with your original
invoice or receipt for a full refund. In addition, immediately destroy all
copies of the package or any of its components.
DEFINITIONS
----------------
The following definitions apply to the terms as they appear in this agreement:
"AZTECH" means AZTECH NEW MEDIA CORP.
"You" and "Your" refer to any person or entity that acquires or uses this
package.
"Package" means the software, images, data, printed image catalogue of this image CD, in whole or in part, and other items accompanying this
Agreement.
"Software" means the computer program contained in this package, together with
all codes, techniques, software tools, formats, designs, concepts, methods,
and ideas associated with that computer program. The term also includes all
copies of any part of the software, the optical media and contents, as well as
the manual(s) and other printed materials contained in this package.
"Image manipulation" means significantly altering, via software, any of the
supplied digital images such that an image from the package that has been
"manipulated" is no longer recognizable as having come from an original image
in this package.
COPYRIGHT/PROPRIETARY PROTECTION
--------------------------------
The software is owned and copyrighted by AZTECH and/or its suppliers and is
protected by United States and International copyright laws as well as
international trade provisions.
You must treat the software like any other copyrighted material. The software
involves valuable proprietary rights of AZTECH and others. There is no transfer
to you of any title to, or ownership of, the software or any patent, copyright,
trade secret, trade name, trademark, and other proprietary rights related to
the software, regardless of the form in which the original or other copies
exist.
You must not violate these rights and you must take appropriate steps to
protect AZTECH's rights. AZTECH may, at any time, replace, modify, alter,
improve, enhance, or change the software without notice. Both the license and
your right to use the software terminate automatically if you violate any part
of this Agreement. In the event of termination you must immediately destroy all
copies of the software and return the original to AZTECH.
PERMITTED USES
--------------
AZTECH grants you a single user, non-exclusive license to use the software in
this package according to the terms as follows. You MAY:
ÑOperate the software on only one computer at a time.
ÑUse the package for any purpose, whether for video display, print media or
otherwise and whether for commercial or personal use, provided the primary
value of the product you are producing, or the service you are providing,
is not the image(s) itself (themselves). For clarity, you may use the
package for advertisements, brochures, newsletters, marketing literature,
company presentations, etc.
ÑAfter written notification to AZTECH, transfer all (but no lesser portion)
of the package to another person or entity who, in turn, must agree to,
and be subject to, this Agreement.
PROHIBITED USES
---------------
You may NOT:
ÑCopy or distribute copies of the software, documentation or the package
to others.
ÑCopy any portion of the software except for image manipulation as described
above under Permitted Uses.
ÑModify the software or merge it with another program.
ÑTranslate or create derivative works based on the software, except for
image manipulation.
ÑRemove, obscure, or alter any notice of the patent, copyright, or other
proprietary rights related to the software or package.
ÑPublish, sub-license, sell, re-sell, distribute, give away, lend, rent,
lease or provide to others, in whole or in part, the software or the
package.
ÑOperate the software on more than one computer at a time. If you wish to
operate the software on a network, please contact AZTECH to request a site
or network license agreement.
ÑTransfer the software or any direct product to any person or entity in
violation of the United States Export Administration Act.
ÑReverse-engineer, disassemble, decomply, or make any attempt to discover
the source code to the software.
ÑUse the package for any purpose where the primary value is the images
themselves. For clarity, you may NOT use the package for calendars, coffee
table books, tee-shirts, post cards, etc. where the primary value is the
images themselves. You are strongly encouraged to submit in writing to
Aztech any questions you may have regarding the interpretation of this
license (fax: 416-449-1058).
ÑUse the product or software in immoral, scandalous, controversial,
derogatory, obscene or offensive works.
LIMITED WARRANTY
----------------
AZTECH warrants that, upon delivery by AZTECH of the CD's on which the software
is distributed, the package will be free from defects of workmanship and that
the software will substantially conform to the specifications established by
AZTECH. AZTECH does not warrant that the software is free from all bugs,
errors, and omissions. This warranty gives you specific legal rights, and you
may also have other rights that vary from state to state and country to country.
If any of the software fails to comply with the warranties set forth above,
AZTECH's sole liability is to replace the package or portion thereof, or at
AZTECH's option, make a reasonable effort to correct the program errors. You
must however return all copies of the software, along with a copy of your paid
CD's invoice, to AZTECH within ninety (90) days of the date you purchased the
software.
If AZTECH is unable to correct the defective CD or program error,
AZTECH's sole liability is to refund all or a fair portion of the price you
paid for the package, at AZTECH's option. The refund shall fully satisfy all
your claims for the consequences of the software, CD or disk failure. Any
replacement software will be warranted for the rest of the original 90-day
warranty period or for 30 days from the date you received the replacement,
whichever is longer. The duration of any implied warranties including, without
limitation, the implied warranties of merchantability and fitness, shall be
limited to the duration of the warranty period described above.
Except as specifically set forth above, AZTECH shall not be liable for any:
Ñbug, error, omission, defect, deficiency or non-conformity in any software;
claim of infringement;
Ñclaim in tort, whether or not arising, in whole or in part, from AZTECH's
fault, negligence, strict liability or product liability;
Ñclaim or any indirect, incidental, special or consequential damages, cover
or loss of revenue, or use;
Notwithstanding anything to the contrary contained herein, other than a
properly authorized new license agreement replacing this one in writing and
making appropriate reference to such replacement, any written or oral
information or advice given by AZTECH distributors, agents, representatives,
or employees shall in no way increase the scope of this warranty.
Nor may you rely on any such written or oral communication. Some states and
provinces may not allow limitations on how long an implied warranty lasts or
exclusion or limitation of consequential damages; therefore, the limitations
set forth in this warranty may not apply to you. The