Chip 2002 November/Chip_2002-11_cd1.bin/tema/grafika_plugin/install/BorderMania/nvrbp36.exe/license.txt

Text File | 2001-07-14 | 8KB | 123 lines

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.