Read this agreement carefully. If you agree to its terms, press the Accept key to continue with the Setup. If you do not agree to its terms, press Decline to abort the installation.
The software which accompanies this license (the "Software") is the property of MicroVision Development, Inc. ("MicroVision") or its licensors and is protected by copyright law. While MicroVision continues to own the Software, you will have certain rights to use the Software after your acceptance of the license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations are as follows:
YOU MAY:
1. use one copy of the Software on a single computer, so long as it is not possible for another person to access the software on another computer simultaneously;
2. Use the Software on a network, provided that there is one licensed copy of the Software for each computer which has access to the Software on the network.
3. make a reasonable number of backup copies for archive purposes, so long as the backup copies are not distributed; and
4. transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement;
YOU MAY NOT:
1. make copies of the accompanying documentation;
2. sublicense, rent or lease any portion of the Software or accompanying documentation; or
3. reverse engineer, decompile, dissassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the software;
LIMITED WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROVISION DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. NEITHER MICROVISION NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF MICROVISION HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL MICROVISION'S LIABILITY FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR LICENSE TO USE THE SOFTWARE,
REGARDLESS OF THE FORM OF QUALITY AND PERFORMANCE OF THE SOFTWARE. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
GENERAL
This agreement shall be governed by the laws of the State of California and shall insure to the benefit of MicroVision and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in San Diego County, California. The parties hereby consent to in personam jurisdiction of said courts.
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Clip Art Library License Agreement
PLEASE READ CAREFULLY AND PRINT FOR FUTURE REFERENCE!
The clip art library you are using (hereinafter the "Software") is provided to you under license. No sale has occurred. This license agreement defines the ways in which you can use the Software and the graphics it contains.
Please read this agreement as carefully as you would read any other legal document.
Installing or using the Software will indicate your acknowledgement that you have read this agreement and your acceptance of its terms.
1. Copyright. The Software, its documentation and related materials are copyrighted 1995-99 by Nova Development Corporation and its licensors, including ⌐1996-99 Cliptoart; ⌐1994-99 GraphicCorp, a Division of Corel Corporation, and Corel Corporation Limited.. Rights of all parties are reserved.
2. License. MicroVision Development, Inc. grants you a nonexclusive license to use the Software and its contents in accordance with the terms of this license.
3. Use of Software. You may use the Software inside the MicroVision product you have purchased only on one computer at a time. MicroVision Development sells site licenses separately, should you desire to use the Software on multiple computer systems.
4. Copying the Software. You may not copy or reproduce any part of the Software or related materials, except as permitted by the Copyright Act of the United States, Title 17, United States Code. You may not copy, lend, lease, rent, decompile, reverse-engineer, disassemble, or alter the Software in any way or remove or alter copyright notices.
5. Use of Images; Distribution. You may modify, publish and distribute the clip art, photographs and other content in print; create presentations which incorporate the images; and use the images in developing pages for the World Wide Web and Intranet systems; all provided you are not marketing any of these works as clip art, photographs or other content. In no case may you distribute any of the files in the Software by any other electronic means, including without limitation distributing the images on disk or CD-ROM. In no case may the files or printed images be rented, lent or sublicensed.
6. Responsibility; Use of Photos and Logos. Your own good judgment should guide you in the responsible use of the images contained in the Software. You are completely responsible for the results of your use of the images. You may not use the images to create work that would be considered obscene or libelous. Images depicting people may not be used for commercial purposes nor in a manner suggesting endorsement of any product or service. In addition, images depicting people may not be used in any manner which might be deemed pornographic.
In addition, certain images may contain logos or other matter that are the trademarks, service marks or trade names of third parties. They are provided for convenience only to those users of the Software who are authorized by those third parties to reproduce their trademarks in print. Know your rights and always seek direct permission from the work's owner if you intend to use a third party's trademark.
7. U.S. Government Restricted Rights. The Software and accompanying user documentation are licensed to the U.S. Government with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and the Commercial Computer Software clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is MicroVision Development, Inc. 2185 Faraday Ave, Suite 140, Carlsbad, CA 92008.
8. Assignment. If you eventually sell or otherwise legally transfer this Software to another party, that other party must agree to all of the terms of this license, and you may not retain any copies of the Software, manual or related materials. All of your rights under this license will then cease.
9. Term. Your rights hereunder shall continue until the earlier of (a) your transfer of all rights to the Software as provided in Section 8 or (b) your failure to comply with any of the terms and conditions of this license.
10. Limitations. The Software is licensed to you "as is." MicroVision Development hereby disclaims any and all implied warranties, including without limitation warranties of fitness for a particular purpose, merchantability and non-infringement. MicroVision Development does not warrant, guarantee, or make any representations regarding the use or the results of the use of the Software in terms of its correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the Software is assumed by you. MicroVision Development, its management, dealers, agents, licensors and suppliers will not be liable to you or anyone else for consequential, incidental, indirect or special damages arising out of the use of the Software. In no event will MicroVision DevelopmentÆs total liability for damages ever exceed the price you have paid for this Software, regardless of the nature of the claim. Certain states and jurisdictions do not permit certain of these exclusions and limitations. Therefore, parts of this limitation of warranties and liability may not apply to you.
11. Miscellaneous. This license constitutes the entire agreement between you and MicroVision Development, Inc. and supersedes all prior understandings. Should any of the provisions of this license be found unenforceable by a court of competent jurisdiction, the remaining provisions shall nonetheless remain in full force and effect. This license agreement shall be governed by, and construed in accordance with, the laws of the State of California.
