ON-LINE LICENSE AGREEMENT FOR DIRECTX SUPPORT PLUG-IN FOR COOL EDIT 2000:
IMPORTANT-READ CAREFULLY:
This license agreement ("License") is a legal agreement between you (either an individual or a single entity) and Syntrillium Software Corporation (Syntrillium). At the end of the License you will be asked to accept this License and continue to install. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, promptly return the unused Software to the place from which you obtained it for a full refund.
Software: DirectX Support Plug-In for Cool Edit 2000
The Software is the property of Syntrillium or its suppliers and is protected by United States Copyright Law and International treaty provisions. Your rights and obligations with respect to the use of this Software are as follows:
1. GRANT OF LICENSE. Syntrillium grants to you, and you accept by clicking the acceptance button and downloading the Software, a non-exclusive license to use the Software on the following terms.
╖ Software. You may install and use one copy of the Software on a single computer. The primary user of the computer on which the Software is installed may make a second copy for his or her exclusive use on a home or portable computer.
╖ Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network.
╖ Multi-User and Site License. If you have acquired a multi-user or site license for the Software, you may make the number of additional copies of the computer software portion of the Software authorized in your license agreement with Syntrillium, and you may use each copy in the manner specified above. You are also entitled to make a corresponding number of secondary copies for home or portable computer use as specified above.
* Limited Distribution License. You may distribute the Software (either directly or through the posting of a copy of the Software on a web site or BBS) to third parties who are interested in evaluating the Software; provided that you comply with each of the following: (i) you distribute the Software unmodified and in its entirety (with this Evaluation License and any copyright or other proprietary notices intact and unaltered); (ii) you do not charge any fees or costs in connection with such distribution; and (iii) you promptly cease such distribution upon the request of Syntrillium.
╖ Restrictions. You may not: use, copy, modify, or transfer copies of the Software except as provided for in this License; remove any proprietary notices or labels from the Software; reverse engineer, decompile, disassemble or make derivative works based on the Software (except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation); or rent, lease, sublicense or assign the Software or any copy thereof, including any related documentation.
╖ Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
╖ Termination. Without prejudice to any other rights, Syntrillium may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the Software and all of its component parts.
2. INTELLECTUAL PROPERTY RIGHTS. All ownership, title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Software), and any copies you are permitted to make herein are owned by Syntrillium or its suppliers. All ownership, title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License grants you no rights to use such content.
3. UPGRADES. If the Software is an upgrade from another product, whether from Syntrillium or another supplier, you may use or transfer the Software only in conjunction with that upgraded product, unless you destroy the upgraded product. If the Software is an upgrade of a Syntrillium product, you now may use that upgraded product only in accordance with this License. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNTRILLIUM FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR OR CORRECTION. SYNTRILLIUM SHALL NOT BE RESPONSIBLE FOR ANY DEFECT THAT RESULTS FROM YOUR ABUSE, MISUSE OR OTHER CONDUCT OR CONDITIONS OUTSIDE THE CONTROL OF SYNTRILLIUM. SYNTRILLIUM MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OR FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SOFTWARE DEFECTS ARE CORRECTABLE OR WILL BE CORRECTED.
5. NO CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNTRILLIUM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SYNTRILLIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. SUPPORT AND UPDATES. This license does not entitle you to support, telephone assistance, enhancements or updates.
7. EXPORT CONTROL. You may not export, ship, transmit or reexport the Software or related documentation in violation of any applicable law or regulation including, without limitations, the Export Administration Regulations issued by the United States Department of Commerce.
8. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Software and Documentation are provided with restricted rights. If you are evaluating the purchase of the Software for use by the federal government or any of its agencies, you must enter into a separate restricted rights agreement with Syntrillium.
9. APPLICABLE LAW. This License is governed by the laws of the State of Arizona.
Should you have any questions concerning this License, or if you desire to contact Syntrillium for any reason, please visit Syntrillium's website at www.syntrillium.com or write to: Syntrillium Software Corporation, P.O. Box 62255, Phoenix, AZ 85082-2255.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION.
(c) 2000 Syntrillium Software Corporation. All rights reserved.
