home *** CD-ROM | disk | FTP | other *** search
- This Software License Agreement (the "Agreement") is a legal agreement
- between you, the end-user, and New Virtual Research, Inc. In this
- Agreement "Software" shall mean the all machine readable software
- programs and associated files in this distribution of BorderMania
- Pro and any modified version, upgrades and other copies of such programs
- and files. Also in this Agreement "pro features" shall mean any operating
- features of BorderMania Pro which require a temporary evaluation
- license or permanent license for operation. The pro features include but
- are not limited to: 1) color mode support other than RGB; 2) advanced
- image preview with preview select control; 3) control settings history;
- 4) anti-alias controls. By continuing installation of the Software, by
- loading or running the Software, or by placing or copying the Software
- onto your computer hard drive, you are agreeing to be bound by the terms
- of this Agreement.
-
- 1. LICENSE. For purposes of this section, "use" means loading the
- Software into RAM, as well as installation on a hard disk or other
- storage device. New Virtual Research, Inc. grants to you the non-
- exclusive right to use the Software on a single central processing unit
- free of charge for a 30 day evaluation period. After the evaluation
- period a permanent license must be obtained for a fee from New Virtual
- Research, Inc. for continued use of the Software pro features.
- Continued use of all other Software features that are not pro features
- is permitted indefinitely free of charge. Each central processing
- unit upon which the Software is used, whether such central processing
- unit is a stand-alone computer, a networked computer or terminal or a
- terminal on a multiuser computer must have a separately licensed copy
- of the Software.You may not modify, translate, disassemble, decompile,
- reverse engineer, or create derivative works based upon the Software.
- You agree that the Software will not be shipped, transferred or
- exported into any country in violation of the U.S. Export
- Administration Act and that you will not utilize, in any other manner,
- the Software in violation of any applicable law.
-
- 2. COPYRIGHT. The Software is owned by New Virtual Research, Inc. and
- is protected by United States copyright laws and international treaty
- provisions. You must treat the Software like any other copyrighted
- material except that you may make copies of the Software to give to
- other persons subject to the terms and conditions of this Agreement.
- You may not charge or receive any consideration from any other person
- for the receipt or use of the Software without receiving New Virtual
- Research, Inc.'s prior written consent. You agree to use your best
- efforts to see that any user of the Software licensed hereunder
- complies with this Agreement.
-
- 3. TRANSFERS. You may physically transfer the Software from one of
- your computers to another provided that the Software is used on only
- one computer at a time. You may not distribute copies of the Software
- or accompanying written materials to others except for the purposes of
- evaluation. You may not transfer the permanent license number to anyone
- without the prior written consent of New Virtual Research, Inc. In no
- event may you transfer, assign, rent, lease, sell or otherwise dispose
- of the Software on a temporary basis.
-
- 4. LIMITED WARRANTY. New Virtual Research, Inc. warrants that if
- properly installed and operated on a computer for which it is designed,
- the Software will perform substantially in accordance with its designed
- purpose for an indefinite period of time. New Virtual Research Inc.'s
- entire liability and your exclusive remedy shall be to discontinue use
- of the Software and to remove the Software from the computer on which
- it is installed.
-
- 5. NO OTHER WARRANTIES. NEW VIRTUAL RESEARCH, INC. DISCLAIMS ALL OTHER
- WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
- IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
- PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN
- MATERIALS, IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
- RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO
- JURISDICTION. NEW VIRTUAL RESEARCH, INC. DOES NOT WARRANT THAT THE
- OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET
- LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN
- LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE
- AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF NEW VIRTUAL RESEARCH,
- INC. ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR
- ADDITIONAL WARRANTIES ON BEHALF OF NEW VIRTUAL RESEARCH, INC.
- ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS,
- WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY NEW VIRTUAL
- RESEARCH, INC. AND SHOULD NOT BE RELIED UPON.
-
- 6. EXCLUSIVE REMEDIES. You agree that your exclusive remedy against
- New Virtual Research, Inc., its affiliates, contractors, suppliers, and
- agents for loss or damage caused by any defect or failure in the
- Software regardless of the form of action, whether in contract, tort,
- including negligence, strict liability or otherwise, shall be to
- discontinue use of the Software. This Agreement shall be construed in
- accordance with and governed by the laws of the State of California.
- Copyright and other proprietary matters will be governed by United
- States laws and international treaties. IN ANY CASE, NEW VIRTUAL
- RESEARCH, INC. SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS,
- LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER
- SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT,
- NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF NEW VIRTUAL RESEARCH, INC. OR
- ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
- ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the
- exclusion or limitation of incidental or consequential damages, so the
- above limitation or exclusion may not apply to you.
-
- 7. GENERAL PROVISIONS. Neither this Agreement nor any part or portion
- hereof shall be assigned or sublicensed, except as described herein.
- Should any provision of this Agreement be held to be void, invalid,
- unenforceable or illegal by a court, the validity and enforceability of
- the other provisions shall not be affected thereby. If any provision
- is determined to be unenforceable, you agree to a modification of such
- provision to provide for enforcement of the provision's intent, to the
- extent permitted by applicable law. Failure of a party to enforce any
- provision of this Agreement shall not constitute or be construed as a
- waiver of such provision or of the right to enforce such provision. If
- you fail to comply with any terms of this Agreement, YOUR LICENSE IS
- AUTOMATICALLY TERMINATED.
-
- 8. ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
- YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE
- INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY
- PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU
- AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU
- FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN NEW
- VIRTUAL RESEARCH, INC. AND YOU, THIS AGREEMENT IS A COMPLETE AND
- EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS
- AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR
- UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN NEW VIRTUAL
- RESEARCH AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
-
-