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- END USER LICENSE AGREEMENT
-
- CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY OPENING THE
- PACKAGE OR CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO
- BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO
- NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO
- NOT ACCEPT" BUTTON, AND, IF APPLICABLE, RETURN THIS PRODUCT TO
- THE PLACE OF PURCHASE FOR A FULL REFUND.
-
- LICENSE GRANT
-
- The package contains software ("Software") and related
- explanatory written materials ("Documentation"). "Software"
- includes any upgrades, modified versions, updates, additions and
- copies of the Software. "You" means the person or company who is
- being licensed to use the Software or Documentation. "We" and
- "us" means Sunspire Studios, Inc.
-
- We hereby grant you a nonexclusive license to use one copy of the
- Software on any single computer, provided the Software is in use
- on only one computer at any time. The Software is "in use" on a
- computer when it is loaded into temporary memory (RAM) or
- installed into the permanent memory of a computer--for example, a
- hard disk, CD-ROM or other storage device.
-
- TITLE
-
- We remain the owner of all right, title and interest in the
- Software and Documentation.
-
- ARCHIVAL OR BACKUP COPIES
-
- You may either:
-
- - make one copy of the Software solely for backup or archival
- purposes, or
-
- - transfer the Software to a single hard disk, provided you keep
- the original solely for backup or archival purposes.
-
- THINGS YOU MAY NOT DO
-
- The Software and Documentation are protected by Canadian and
- United States copyright laws and international treaties. You must
- treat the Software and Documentation like any other copyrighted
- material--for example a book. You may not:
-
- - copy the Documentation,
-
- - copy the Software except to make archival or backup copies as
- provided above,
-
- - modify or adapt the Software or merge it into another program,
-
- - reverse engineer, disassemble, decompile or make any attempt to
- discover the source code of the Software (however, as an
- exception to this condition, you may modify the program for
- your own use ONLY and reverse engineer the program in order to
- debug such modifications),
-
- - place the Software onto a server so that it is accessible via a
- pubic network such as the Internet, or
-
- - sublicense, rent, lease or lend any portion of the Software or
- Documentation.
-
- TRANSFERS
-
- You may transfer all your rights to use the Software and
- Documentation to another person or legal entity provided you
- transfer this Agreement, the Software and Documentation,
- including all copies, update and prior versions to such person or
- entity and that you retain no copies, including copies stored on
- computer.
-
- LIMITED WARRANTY
-
- We warrant that for a period of 30 days after delivery of this
- copy of the Software to you:
-
- - the physical media on which this copy of the Software is
- distributed will be free from defects in materials and
- workmanship under normal use, and
-
- - the Software will perform in substantial accordance with the
- Documentation.
-
- To the extent permitted by applicable law, THE FOREGOING LIMITED
- WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,
- EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED
- WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF
- TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
- PARTICULAR PURPOSE, regardless of whether we know or had reason
- to know of your particular needs. No employee, agent, dealer or
- distributor of ours is authorized to modify this limited
- warranty, nor to make any additional warranties.
-
- SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
- THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
- SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
- VARY FROM STATE TO STATE.
-
- LIMITED REMEDY
-
- Our entire liability and your exclusive remedy shall be:
-
- - the replacement of any diskette(s) or other media not meeting
- our Limited Warranty which is returned to us or to an
- authorized Dealer or Distributor with a copy of your receipt,
- or
-
- - If we or an authorized Dealer or Distributor are unable to
- deliver a replacement diskette(s) or other media that is free
- of defects in materials or workmanship, you may terminate this
- Agreement by returning the Software and Documentation and your
- money will be refunded.
-
- IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING
- ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
- CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO
- USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR
- DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE
- DAMAGES0, OR FOR ANY CLAIM BY ANY OTHER PARTY.
-
- SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
- FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
- MAY NOT APPLY TO YOU.
-
- TERM AND TERMINATION
-
- This license agreement takes effect upon your use of the software
- and remains effective until terminated. You may terminate it at
- any time by destroying all copies of the Software and
- Documentation in your possession. It will also automatically
- terminate if you fail to comply with any term or condition of
- this license agreement. You agree on termination of this license
- to either return to us or destroy all copies of the Software and
- Documentation in your possession.
-
- CONFIDENTIALITY
-
- The Software contains trade secrets and proprietary know-how that
- belong to us and it is being made available to you in strict
- confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS
- ALGORITHMS, PROTOCALS OR INTERFACES, OTHER THAN IN STRICT
- ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A
- VIOLATION OF OUR TRADE SECRET RIGHTS.
-
- GENERAL PROVISIONS
-
- 1. This written license agreement is the exclusive agreement
- between you and us concerning the Software and Documentation
- and supersedes any and all prior oral or written agreements,
- negotiations or other dealings between us concerning the
- Software.
-
- 2. This license agreement may be modified only by a writing
- signed by you and us.
-
- 3. In the event of litigation between you and us concerning the
- Software or Documentation, the prevailing party in the
- litigation will be entitled to recover attorney fees and
- expenses from the other party.
-
- 4. This license agreement is governed by the laws of the Province
- of Ontario.
-
- 5. You agree that the Software will not be shipped, transferred
- or exported into any country or used in any manner prohibited
- by the United States Export Administration Act or any other
- export laws, restrictions or regulations.
-