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LICENSE_TXT
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1996-12-14
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Micrografx Software License Agreement (with Network Provisions)
This is a legal agreement between you (an individual or an entity),
the end user, and Micrografx, Inc. If you do not agree to the terms
of this Agreement, promptly return the disk package and accompanying
items (including written materials and binders or other containers)
to the place you obtained them for a full refund.
License
1. Grant of License. This Micrografx Software License Agreement
("License") permits you to use one copy of the Micrografx software
product ("Software") on any single computer, provided the Software is
in use on only one computer at any time. If you have multiple Licenses
for the Software, then at any time you may have as many copies of the
Software in use as you have Licenses. The Software is "in use" in a
computer when it is loaded into the temporary memory (i.e., RAM) or is
installed into the permanent memory (e.g., hard disk, CD-ROM, or other
storage device) of that computer. However, a copy installed on a network
server for the sole purpose of distribution to other computers is not
"in use." If the anticipated number of users of the Software will exceed
the number of applicable Licenses, you must have a reasonable mechanism
or process in place to assure that the number of persons using the
Software concurrently does not exceed the number of Licenses. If the
Software is permanently installed on the hard disk or other storage
device of a computer (other than a network server), then the person
authorized to use such computer also may use the Software on a portable
computer, laptop, and home computer. If such person's authorization to
use such computer ceases for any reason (e.g. termination of employment),
then such person's authority to use the software on a portable computer,
laptop, and home computer shall cease.
2. Copyright. The Software is owned by Micrografx or its suppliers and
is protected by United States copyright laws and international treaty
provisions. Therefore, you must treat the Software like any other
copyrighted material (e.g., a book or musical recording),
except that you may either (a) make one copy of the Software solely for
backup or archival purposes, or (b) transfer the Software to a single
hard disk provided you keep the original solely for backup or archival
purposes. You may not copy written materials accompanying the Software.
3. Other Restrictions. This License is your proof of license to exercise
the rights granted herein and must be retained by you. You may not rent
or lease the Software, but you may transfer your rights under this
License on a permanent basis provided that you transfer this License,
the Software and all accompanying written materials, you retain no copies,
and the recipient agrees to the terms of this License. You may not decompile,
or disassemble the Software. If the Software is an update, any transfer must
include the update and all prior versions.
4. Multiple Media Software. If the Software package contains both 3.5" and
5.25" disks, or other media, then you may use only the media appropriate for
your single designated computer or network server. You may not use the other
media on another computer or computer network, or loan, rent, lease, or
transfer them to another user except as part of a transfer or other use
expressly permitted by this License.
Limited Warranty
5. Limited Warranty. Micrografx warrants that the Software will perform
substantially in accordance with the accompanying written materials and will
be free from defects in materials and workmanship under normal use and service
for a period of ninety (90) days from the date of receipt. Any implied
warranties on the Software are limited to ninety (90) days. Some states do not
allow limitations on the duration of an implied warranty, so the above
limitations may not apply to you. This limited warranty gives you specific
legal rights. You may have others, which vary from state to state.
6. Customer Remedies. Micrografx's entire liability and your exclusive
remedy shall be, at Micrografx's option, either (a) return of the price
paid or (b) repair or replacement of the Software that does not meet
Micrografx's Limited Warranty and that is returned to Micrografx with a
copy of your receipt. This Limited Warranty is void if failure of the
Software has resulted from accident, abuse, or misapplication. Any
replacement Software will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. Neither these
remedies nor any product support services offered by Micrografx are
available for this U.S.A. version product outside the United States of
America.
7. No Other Warranties. Micrografx disclaims all other warranties, either
express or implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose, with respect to
the Software, the accompanying written materials, and any accompanying
hardware.
8. No Liability for Consequential Damages. In no event shall Micrografx
or its suppliers be liable for any damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption,
loss of business information, or other pecuniary loss) arising out of the
use of or inability to use the Software, even if Micrografx has been
advised of the possibility of such damages. Because some states do not
allow the exclusion or limitations of consequential or incidental damages,
the above limitations may not apply to you.
U.S. Government Restricted Rights
The Software 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 as DFARS 252.227-7013 or
subparagraphs (c) (1), (2) and (3) of the Commercial Computer
Software -- Restricted Rights at 48 CFR 52.227-19, as applicable, and any
amendments thereto. Contractor/manufacturer is Micrografx, Inc.,
1303 Arapaho Rd., Richardson, TX 75081.
This Agreement is governed by the laws of the State of Texas.
For more information about Micrografx's licensing policies, please call
Micrografx Customer Service at 1-800-733-3729 or write: Micrografx
Customer Sales and Service, 1303 Arapaho Rd., Richardson, TX 75081.
Revised 8/95