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 PhotoSwizzle and any modified
version, upgrades and other copies of such programs and files. 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. 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 for evaluation
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
