CD-ROM Today - The Disc! 22/cdrt22.iso/mac/COMUSIC/LICENSE.TXT

Text File | 1995-10-07 | 8KB | 167 lines

Software License

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE
SOFTWARE.  BY USING THE SOFTWARE, YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO
NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN
THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT
AND YOUR MONEY WILL BE REFUNDED.

1.  License.  The application, demonstration, system,
font, and other software accompanying this License,
whether on disk, in read only memory, or on any other
media (the "Software"), the related documentation and
other materials (the "Materials") are licensed to you
by Digital Studios.  You own the media on which the
Software and Materials are recorded but Digital Studios
and/or Digital Studios' licensor(s) retain title to the
Software and Materials.  This license allows you to use
the Software and Materials on a single computer.  You
may also transfer all your license rights in the
Software and Materials, the related documentation and a
copy of this License to another party, provided the
other party reads and agrees to accept the terms and
conditions of this license.

2.  Restrictions.  The Software and Materials contain
copyrighted material, trade secrets and other
proprietary material.  In order to protect them, and
except as permitted by applicable legislation, you may
not decompile, reverse engineer, disassemble or
otherwise reduce the Software to a human-perceivable
form.  You may not copy, modify, network, rent, lease,
sublicense, broadcast, disseminate or distribute
the Software or Materials or create derivative works
based upon the Software or Materials. You may not
electronically transmit the Software from one computer
to another over a network.

3.  Termination.  This License is effective until
terminated.  You may terminate this License at any time
by destroying the Software and Materials and all copies
thereof. This License will terminate immediately
without notice from Digital Studios if you fail to
comply with any provision of this License.  Upon
termination you must destroy the Software, Materials
and documentation and all copies thereof.

4.  Export Law Assurances.  You agree and certify that
neither the Software, the Materials, nor any other
technical data received from Digital Studios, nor the
direct product thereof, will be exported outside the
United States except as authorized and as permitted by
the laws and regulations of the United States.  If
the Software and Materials have been rightfully
obtained by you outside of the United States, you agree
that you will not re-export the Software, the Materials
or any other technical data received from Digital
Studios, or the direct product thereof, except as
permitted by the laws and regulations of the United
States and the laws and regulations of the
jurisdiction in which you obtained the Software and
Materials.

5.  Government End Users.  If you are acquiring the
Software and Materials on behalf of any unit or agency
of the United States Government, the following
provisions apply.  The Government agrees:  (i) if the
Software and Materials are supplied to the Department
of Defense (DoD), the Software is classified as
"Commercial Computer Software" and the Government is
acquiring only "restricted rights" in the Software and
Materials as that term is defined in Clause
252.227-7013(c)(1) of the DFARS; and (ii) if the
Software and Materials are supplied to any unit or
agency of the United States Government other than DoD,
the Government's rights in the Software and Materials
will be as defined in Clause 52.227-19(c)(2) of the FAR
or, in the case of NASA, in Clause 18-52.227-86(d) of
the NASA Supplement to the FAR.

6.  Limited Warranty on Media.  Digital Studios warrants
the media on which the Software and Materials are
recorded to be free from defects in materials and
workmanship under normal use for a period of ninety
(90) days from the date of delivery.  Digital Studios'
entire liability and your exclusive remedy will
be replacement of the media not meeting Digital Studios'
limited warranty and which is returned to Digital Studios.
Digital Studios will have no responsibility to replace
media damaged by accident, abuse or misapplication.
ANY IMPLIED WARRANTIES ON THE MEDIA, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY
(90) DAYS FROM THE DATE OF DELIVERY.  THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY BY JURISDICTION.

7.  Disclaimer of Warranty on Software and Materials.
You expressly acknowledge and agree that use of the
Software and Materials is at your sole risk.  The
Software and Materials are provided "AS IS" and without
warranty of any kind and Digital Studios and Digital
Studios' licensor(s) (for the purposes of Sections 7
and 8, Digital Studios and Digital Studios licensor(s)
shall be collectively referred to as "Digital Studios")
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DIGITAL STUDIOS DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE OR MATERIALS WILL BE CORRECTED.  FURTHERMORE,
DIGITAL STUDIOS DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE SOFTWARE OR MATERIALS IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITAL
STUDIOS OR A DIGITAL STUDIOS AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY.  SHOULD THE SOFTWARE AND/OR
MATERIALS PROVE DEFECTIVE, YOU (AND NOT DIGITAL STUDIOS
OR A  DIGITAL STUDIOS AUTHORIZED REPRESENTATIVE) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.  THE LICENSE FEES FORTHE SOFTWARE AND
MATERIALS REFLECT THIS ALLOCATION OF RISK.  SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU

8.  Limitation of Liability.  UNDER NO CIRCUMSTANCES
INCLUDING NEGLIGENCE, SHALL DIGITAL STUDIOS BE LIABLE
FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OR INABILITY TO USE THE
SOFTWARE OR MATERIALS, EVEN IF DIGITAL STUDIOS OR A
DIGITAL STUDIOS AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall Digital Studios' total liability to
you for all damages, losses, and causes of action
(whether in contract, tort (including negligence)
or otherwise) exceed the amount paid by you for
the Software and Materials.

9.    Controlling Law and Severability.  This License
shall be governed by and construed in accordance with
the laws of the United States and the State of
California, as applied to agreements entered into and
to be performed entirely within California between
California residents.  If for any reason a court of
competent jurisdiction finds any provision of this
License, or portion thereof, to be unenforceable, that
provision of the License shall be enforced to the
maximum extent permissible so as to effect the intent
of the parties, and the remainder of this License shall
continue in full force and effect.

10.    Complete Agreement.  This License constitutes
the entire agreement between the parties with respect
to the use of the Software and Materials and supersedes
all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject
matter.  No amendment to or modification of this
License will be binding unless in writing and signed by
a duly authorized representative of Digital Studios.