1. THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND COSMI CORPORATION, AND ITS SUBSIDIARIES AND AFFILIATES (ôCOSMIö). BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, REMOVE THE PRODUCT FROM YOUR HARD DRIVE AND PERMANENTLY ERASE ALL COPIES OF THE SOFTWARE. IF YOU ARE THE ORIGINAL INSTALLER OF THE SOFTWARE YOU MAY PROMPTLY RETURN THE SOFTWARE (INCLUDING PRINTED MATERIALS) WITH PROOF OF PURCHASE TO THE PLACE WHERE IT WAS PURCHASED FOR A FULL REFUND OF THE AMOUNT PAID OR STORE CREDIT (AS APPLICABLE).
2. GRANT OF LICENSE. This License Agreement permits you to use one copy of Cosmi software including but not limited to the software included with this product or downloaded from the internet or other electronic communication medium, together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "Software"), on a single computer/workstation. The Software is ôin useö on a computer when it is loaded into the temporary memory (i.e., RAM or Cache) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. This License does not constitute a sale and does not authorize a sale of the Software or anything created thereby. All intellectual property (including copyright, trademark and patent) in the Software, including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software, are owned by Cosmi and its affiliates, suppliers and licensors, and are protected by United States laws and international treaty provisions. Cosmi and its affiliates, suppliers and licensors retain all rights not expressly granted. You must treat the Software like any other copyrighted material, except that you may make one copy of the Software solely for backup or archival purposes. You may transfer the machine-readable portion of the Software from one computer to another computer, provided that a) the Software (including any portion or copy thereof) is erased from the first computer, and b) there is no possibility that the Software will be used on more than one computer at a time. A computer is defined both by the physical computer and the operating system installation. Therefore, a single physical computer with multiple operating systems installed will be recognized as one computer for each operating system. However, you may not transfer your license of the Software to any third party.
* You may not use the software on or over a network or any other transfer device (including the Internet) except in a manner using the network and online functions included in the Software, if any. Use of the Software on more than one computer constitutes copyright infringement and may be punishable by civil fines, criminal penalties, or both.
* You may not rent or lease the Software, but schools and libraries may lend the Software to third parties provided the Software is in CD format and each end user is given a copy of this License Agreement which will govern the use of such Software.
* You may not modify, translate, reverse engineer, decompile, or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law.
* You may not remove any proprietary notices or labels in the Software.
* You may not copy the printed materials accompanying the Software or distribute printed copies of any user documentation provided in electronic format.
* You may not publicly perform or publicly display the Software.
The restrictions contained herein apply equally to hybrid CD-ROMs which may contain multiple versions of the Software for use on different operating systems. Regardless of the type of media you receive, you may use only the portion appropriate for your single-user computer/workstation. In the event you fail to comply with any of the terms or conditions of this license, your rights to use the Software will end, you will stop using the Software, remove the Software from your computer, and permanently erase all copies of the Software. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
3. TRIAL. If you are using the Software on a trial basis, and are authorized to do so, then you shall have a license under this Agreement to use the Software for the number of days indicated in the materials accompany the Software, or in the event this Software was obtained as part of a download for the period indicated on the site where the Software was downloaded from, (the "Trial Period") from the date you install it, solely for the purpose of evaluating the Software to determine whether to purchase an ongoing license to the Software. At the end of the Trial Period, the Software will stop working and the license granted herein shall immediately terminate. During the Trial Period, the Software is provided to you "as is" and your use is entirely at your own risk.
4. LIMITED WARRANTY. Cosmi and its affiliates, suppliers and licensors warrant to the original installer of the Software, for a period of thirty (30) days from the date of purchase, that the media on which the Software is distributed is substantially free from defects in materials and workmanship. ANY AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
5. REMEDIES. Your exclusive remedy will be, at CosmiÆs sole option, (a) the refund of the amount you paid for the Software or (b) repair or replacement of the Software, provided that the defective Software is returned to Cosmi (at Cosmi, 1351 Charles Willard Street, Carson, CA 90746) along with proof of the date of purchase within thirty (30) days from the date of purchase. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, neglect or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Except as set forth above, the Software is sold ôas-isö, without any express or implied warranties of any kind.
6. LIMITATION OF LIABILITIES. IN NO EVENT WILL COSMI OR ITS AFFILIATES, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COSMIÆS AND ITS AFFILIATESÆ, SUPPLIERSÆ AND LICENSORSÆ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHER, COSMI SHALL NOT BE LIABLE FOR THE ACCURACY OF ANY INFORMATION PROVIDED BY COSMI OR THIRD-PARTY TECHNICAL SUPPORT PERSONNEL, OR ANY DAMAGES CAUSED, EITHER DIRECTLY OR INDIRECTLY, BY ACTS TAKEN OR OMISSIONS MADE BY YOU AS A RESULT OF SUCH TECHNICAL SUPPORT.
7. Promotions Offers and 3rd Party Products. Included with the software may be one or more trial versions of 3rd party products and/or other promotional offers. Any fees or costs associated with the installation and usage of theses offers and products are at your sole discretion and are your responsibility. Use of such products may be subject to additional terms and conditions included with such products and shall supplement the terms and conditions of this Agreement.
8. Licensing Outside the United States. If you are using the Software outside of the United States, you will comply with the applicable local laws of your country, U.S. export control law, and the English version of this Agreement. You are responsible for complying with all trade regulations and laws both foreign and domestic.
9. MISCELLANEOUS. Cosmi may cancel, change, modify, discontinue, terminate or charge a fee at any time for any reason for the online services available in conjunction with this Software. No change or modification of the License will be valid unless it is in writing and is signed by Cosmi. The provisions of this Agreement are severable; if any provision is held to be invalid or unenforceable, it will not affect the validity or enforceability of any other provision. If the Software was acquired outside the United States, then local law may apply. This Agreement is governed by the internal substantive laws of the State of California (and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended).U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and user documentation is provided with RESTRICTED RIGHTS AND LIMITED 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. Cosmi Corporation, 1351 Charles Willard Street, Carson, CA 90746 USA.
CONDITIONS FOR USE
1. Acknowledgement. These are Conditions For Use of the Properties contained in the Software. If you do not accept these conditions and you are the original installer of the Software, you may promptly return the Software (including all printed materials) with proof of purchase to the place it was purchased for a full refund of the amount paid or store credit (as applicable).
2. Use of Properties Included with Software.
(a) All content contained in the Software, including, but not limited to characters, designs, text, photos, clip art, fonts, graphics, templates, sounds, videos and projects contained in the Software (the ôPropertiesö) are either owned by or used under license by Cosmi and are protected under trademark, copyright, and other applicable laws. Any and all unauthorized use of the Properties is strictly prohibited. You may not sell any Property or any item containing or carrying a copy of any Property. Subject to the restrictions described below, you may make copies of the Properties for use in home entertainment and projects, for educational purposes, in advertisements, public or private presentations, business communications, multimedia presentations, and other similar uses. For example, subject to the restrictions described below, you may use the Properties to create posters, stationery, greeting cards, signs, invitations, calendars, reports, catalogs, brochures and newsletters.
(b) All rights in derivative works created by the use of a Property shall vest exclusively in Cosmi or its licensors.
(c) Each authorized use of a Property must be accompanied by the following notice: ô2005 Cosmi Corporation, and its licensors. All rights reserved.ö
3. Limitations on Use. YOU ARE NOT PERMITTED TO:
* Use any images included in this product containing trademarks or logos of any third-party in any print or electronic media of an editorial, commercial, promotional, or corporate nature.
* Resell or sublicense or distribute collections of the Properties including, for example, clip art collections, photo collections or stock collections.
* Sell any item on which any Property is copied or otherwise printed.
* Use any of the Properties as a logo, trademark or similar designation of your business.
* Use any individualÆs or entityÆs name, likeness, and/or image in any manner which suggests the endorsement or association of any product or service. For example, you may use a photo of an animal in an advertisement, but you may not use the image of a person.
* Use any Property in or to create any immoral, obscene or scandalous works.
* Use any Property in electronic format, including on-line use, and multimedia applications, unless all of the following conditions are met:
a. The Properties are incorporated for viewing purposes only.
b. The Properties do not comprise a significant portion of the content of the proposed use.
c. A notice is included specifying that the Properties may not be saved or downloaded and are only to be used for viewing purposes.
d. The Properties are embedded at no higher than a base resolution of 512x768.
