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LICENSE.TXT
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END-USER LICENSE AGREEMENT FOR TECHSMITH SOFTWARE -- NewsMonger(tm)
IMPORTANT-READ CAREFULLY: This TechSmith Software License Agreement
("TSLA") is a legal agreement between you (either an individual or a
single entity) and TechSmith Corporation for the TechSmith software
product identified above, which includes computer software and associated
media and printed materials, and may include "online" or electronic
documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying,
or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the
terms of this TSLA. If you do not agree to the terms of this TSLA,
promptly return the unused SOFTWARE PRODUCT to the place from which you
obtained it for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
This TSLA grants you the following rights:
Systems Software -
You may install and use one copy of the SOFTWARE PRODUCT on a single
computer at a time and only by one user at a time.
Storage/Network Use -
You may also store or install a copy of the SOFTWARE PRODUCT on a storage
device, such as a network server, used only to install or run the SOFTWARE
PRODUCT on your other computers over an internal network; however, you
must acquire and dedicate a license for each separate computer on which
the SOFTWARE PRODUCT is installed or run from the storage device.
A license for the SOFTWARE PRODUCT may not be used concurrently on
different computers.
License Pack -
If you have acquired this TSLA in a TechSmith Multi-User License Pack, you
may make the number of additional copies of the computer software portion
of the SOFTWARE PRODUCT authorized on the printed copy of this TSLA, and
you may use each copy in the manner specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly -
You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law not withstanding this limitation.
Separation of Components -
The SOFTWARE PRODUCT is licensed as a single product. Its component parts
may not be separated for use on more than one computer.
Rental -
You may not rent or lease the SOFTWARE PRODUCT.
Software Transfer -
You may permanently transfer all of your rights under this TSLA, provided
you retain no copies, you transfer all of the SOFTWARE PRODUCT (including
all component parts, the media and printed materials, any upgrades and
this TSLA), and the recipient agrees to the terms of this TSLA. If the
SOFTWARE PRODUCT is an upgrade, any transfer must include all prior
versions of the SOFTWARE PRODUCT.
Termination -
Without prejudice to any other rights, TechSmith may terminate this TSLA
if you fail to comply with the terms and conditions of this TSLA. In such
event, you must destroy all copies of the SOFTWARE PRODUCT and all of its
component parts.
3. UPGRADES
If the SOFTWARE PRODUCT is an upgrade from another product, whether from
TechSmith or another supplier, you may use or transfer the SOFTWARE
PRODUCT only in conjunction with that upgraded product, unless you destroy
the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a
TechSmith product, you now may use that upgraded product only in
accordance with this TSLA. If the SOFTWARE PRODUCT is an upgrade of a
component of a package of software programs that you licensed as a single
product, the SOFTWARE PRODUCT 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. COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT (including but not
limited to any images, photographs, animations, video, audio, music, text,
and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying
printed materials, and any copies of the SOFTWARE PRODUCT, are owned by
TechSmith or its suppliers. The SOFTWARE PRODUCT is protected by
copyright laws and international treaty provisions. Therefore, you must
treat the SOFTWARE PRODUCT like any other copyrighted material except that
you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup
or archival purposes, or (b) install the SOFTWARE PRODUCT on a single
computer provided you keep the original solely for backup or archival
purposes. You may not copy the printed materials accompanying the
SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless
of the type or size of medium you receive, you may use only one medium
that is appropriate for your single computer. You may not use or install
the other medium on another computer. You may not loan, rent, lease, or
otherwise transfer the other medium to another user, except as part of the
permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is TechSmith Corporation/3001 Coolidge Road, Suite 400,
East Lansing, MI 48823-6320.
MISCELLANEOUS
If you acquired this product in the United States, this TSLA is governed
by the laws of the State of Michigan. If you acquired this product in
Canada, this TSLA is governed by the laws of the Province of Ontario,
Canada. Each of the parties hereto irrevocably attorns to the
jurisdiction of the courts of the Province of Ontario and further agrees
to commence any litigation which may arise hereunder in the courts located
in the Judicial District of York, Province of Ontario. If this product
was acquired outside the United States, then local law may apply. Should
you have any questions concerning this TSLA, or if you desire to contact
TechSmith for any reason, please contact the TechSmith subsidiary serving
your country, or write: TechSmith Corporation/3001 Coolidge Road, Suite
400, East Lansing, MI 48823-6320.
LIMITED WARRANTY
TechSmith warrants that (a) the SOFTWARE PRODUCT will perform
substantially in accordance with the accompanying written materials for a
period of ninety (90) days from the date of receipt, and (b) any hardware
accompanying the SOFTWARE PRODUCT will be free from defects in materials
and workmanship under normal use and service for a period of one (1) year
from the date of receipt. Some states and jurisdictions do not allow
limitations on duration of an implied warranty, so the above limitation
may not apply to you. To the extent allowed by applicable law, implied
warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to
ninety (90) days and one year, respectively.
CUSTOMER REMEDIES
TechSmith's and its suppliers' entire liability and your exclusive remedy
shall be, at TechSmith's option, either (a) return of the price paid, or
(b) repair or replacement of the SOFTWARE PRODUCT or hardware that does
not meet TechSmith's Limited Warranty and which is returned to TechSmith
with a copy of your receipt. This Limited Warranty is void if failure of
the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE PRODUCT or hardware will be
warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer. Outside the United States, neither these
remedies nor any product support services offered by TechSmith are
available without proof of purchase from an authorized international
source.
NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, TechSmith and it's
suppliers disclaim all other warrantees, either express or implied,
including, but not limited to, implied warrantees of merchantability and
fitness for a particular purpose, with regard to the software product, and
any accompanying hardware. This limited warranty gives you specific legal
rights. You may have others, which vary from state/jurisdiction to
state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall
TechSmith or it's 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 business information, or any other pecuniary loss) arising out of
the use of or inability to use the software product, even if TechSmith has
been advised of the possibility of such damages. Because some states and
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to
you.
NewsMonger(tm) ⌐1996-1997 TechSmith Corporation