Drawplus 4.0 Companion
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DrawPlus 4.0 Companion Software License Agreement ©1998 Serif, Inc. All rights reserved. The content of this publication is subject to change without notice and does not represent a commitment on the part of Serif, Inc. No part of this publication may be reproduced in any form without the express written permission of Serif, Inc. All Serif product names are trademarks of Serif, Inc. Microsoft, Windows, and the Windows logo are registered trademarks of Microsoft Corporation. All other trademarks acknowledged. Serif DrawPlus 4.0 ©1998 Serif, Inc. Companies and names used in samples are fictitious. Clipart samples from Serif ArtPacks © Serif, Inc. & Paul Harris TrueType font samples from Serif FontPacks © Serif, Inc. Portions graphics import/export technology © LEAD Technologies, Inc. & Eastman Kodak Company & INSO Corporation. ImageStream® Graphics and Presentation Filters, Copyright © 1991-1998 INSO Corporation. All Rights Reserved. IT IS IMPORTANT THAT YOU (THE LICENSEE) READ THIS NOTICE CAREFULLY. THESE ARE THE ONLY TERMS AND CONDITIONS APPLICABLE TO YOUR RIGHTS WITH RESPECT TO THE COMPUTER PROGRAMS AND DOCUMENTATION CONTAINED HEREIN (THE SOFTWARE). BY YOUR USE OF THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE AGREEMENT) AND EXERCISE OF YOUR RIGHTS HEREUNDER. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN THEN YOU MUST NOT USE THE SOFTWARE BUT SHOULD RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND. 1. LICENSE d. only on one computer or network node at a time except Serif Inc. and/or Serif (Europe) Ltd. ("SERIF") hereby grants to as provided in subsection (a) above. Licensee a personal, non-exclusive, non-transferable license (a Licensee may not: License) to use this copy of the Software, including any updates e. Use the Software on more than one computer or network or upgrades thereto, and accompanying documentation, if any, node at a time or in a multi-user system (In the event that the provided by SERIF according to the terms set forth below. If licensee wishes to use the software on more than one computer the Software contained in this package is being provided to or network node they should apply to purchase additional Licensee as an update or upgrade to software which Licensee licenses), has previously licensed such software referred to as the (Prior Software), then Licensee agrees to destroy all copies of the f. Modify, prepare derogate works from, translate, reverse Prior Software within thirty (30) days after opening this engineer, decompile, disassemble or otherwise derive source package except for one backup copy of the Prior Software. code from the Software (except to the extent that such acts may not be prohibited under applicable law), g. Copy the Software (except as provided above) or the 2. SCOPE OF USE accompanying documentation, Licensee may: h. Rent, sell, lease, sublicense, transfer, disclose, make a. Install the Software on only one computer or network available or grant any rights in the Software or accompanying node, and make a second copy of the Software onto either a documentation in any form to any person without the prior home computer or a portable computer provided that the written consent of SERIF, Software is installed on a single computer which is used by i. Remove any proprietary notices, labels, or marks on the Licensee at least eighty percent (80%) of the time that the Software and accompanying documentation, computer is in use, j. Use the Software in any manner that infringes the b. Make one (1) copy of the Software in machine readable intellectual property or other rights of another party, form solely for backup purposes, provided that Licensee reproduces all proprietary notices on the copy, and k. Use the Software to provide on-line or other database services to any other person, or c. Physically transfer the Software from one computer to another, provided that the Software is removed from the l. Separate component parts of the software for use on computer or network node on which it was installed and is used more than one computer or network node. 3. RETENTION OF RIGHTS; TERMINATION This Agreement does not constitute a sale. All title, trade 6. LIMITATION OF LIABILITY secrets, copyrights, patents and other intellectual rights to the IN NO EVENT WILL SERIF BE LIABLE FOR LOSS OF Software, its accompanying documentation and any copy made DATA, CORRUPTION, LOST PROFITS, COST OF COVER, by Licensee remain with SERIF, and Licensee hereby agrees to OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, preserve and acknowledges the foregoing. Licensee further CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING agrees and acknowledges that the Software and all copies FROM THE USE OF THE SOFTWARE OR thereof are SERIF’s exclusive property and constitute a ACCOMPANYING DOCUMENTATION, HOWEVER valuable trade secret of SERIF. Licensee further agrees and CAUSED AND ON ANY THEORY OF LIABILITY. THIS acknowledges that unauthorized copying of the Software or the LIMITATION WILL APPLY EVEN IF SERIF OR AN accompanying documentation, or failure to comply with any of AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF the provisions herein (each, a Terminable Event), will result in THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT automatic termination of this License. WILL SERIF’S LIABILITY EXCEED THE AMOUNTS PAID FOR THE SOFTWARE. LICENSEE ACKNOWLEDGES 4. TERM OF LICENSE FOR TRIAL VERSION SOFTWARE THAT THE AMOUNTS PAID BY LICENSEE FOR THE SOFTWARE REFLECT THIS ALLOCATION OF RISK. Any License pertaining to a trial version of the Software (a SOME STATES OR OTHER JURISDICTIONS DO NOT Trial Version) shall expire in accordance with the terms as set ALLOW THE EXCLUSION OR LIMITATION OF forth in the Installation Process for the Trial Version along with LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL the designated trial period as set forth in the trial program. DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT BE APPLICABLE IN CERTAIN 5. LIMITED WARRANTY AND DISCLAIMER INSTANCES. NONE OF THE ABOVE AFFECTS THE STATUTORY RIGHTS OF LICENSEES RESIDING IN THE a. SERIF warrants that, for a period of ninety (90) days UNITED KINGDOM. after delivery, the diskettes or CD-ROMs (the Software Product) on which the Software is furnished will, under normal use, be free from defects that prevent Licensee from loading the 7. MISCELLANEOUS Software on a computer. c. This Agreement shall not be governed by the 1980 U. N. b. 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If any provision of this Agreement is held TERMS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY invalid or unenforceable, such provision shall be revised to the COMMUNICATION WITH LICENSEE, AND SERIF extent necessary to cure the invalidity or unenforceability, and SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED the remainder of this Agreement shall continue in full force and WARRANTIES OF MERCHANTABILITY, FITNESS FOR A effect. PARTICULAR PURPOSE, OR NONINFRINGEMENT AND d. If the Software is acquired by the United States THEIR EQUIVALENTS. LICENSEE SHALL BE SOLELY Government or on its behalf, the Software is furnished with RESPONSIBLE FOR THE SELECTION, USE, EFFICIENCY restricted rights. The use, duplication, or disclosure by the AND SUITABILITY OF THE SOFTWARE AND SERIF United States Government and parties acting on its behalf is SHALL HAVE NO LIABILITY THEREFOR. SERIF SHALL governed by, and subject to restrictions as set forth in HAVE NO LIABILITY FOR, NOR OBLIGATION TO subdivision (c) (1) (ii) of the Rights in Technical Data and INDEMNIFY LICENSOR REGARDING ACTIONS Computer Software clause at DFARS 252.227-7013, the ALLEGING THE INFRINGEMENT OF PROPRIETARY subparagraphs (c)(1) and (2) of the Commercial Computer RIGHTS BY THE SOFTWARE. SERIF DOES NOT Software - Restricted Rights at 48 CFR 52.227-19, or other WARRANT THAT THE OPERATION OF THE SOFTWARE comparable regulations of other government agencies, as WILL BE UNINTERRUPTED OR ERROR FREE OR THAT applicable. THE SOFTWARE WILL MEET LICENSEE’S SPECIFIC e. Licensee agrees not to allow the software to be sent to or REQUIREMENTS. used in any other country except in compliance with applicable SOME STATES OR OTHER JURISDICTIONS DO NOT United States laws and regulations. ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, f. 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