The following license governs your rights in the i publish Test Drive as a Test Drive User.
DESIGN INTELLIGENCE, INC.
i publish(tm)Test Drive
License Agreement ("Trial Agreement")
This license agreement governs the i publish(tm) Test Drive ("Trial Software"). By pressing the "Yes" button below you enter into the terms of this binding contract between you ("you" or "Trial User") and Design Intelligence, Inc. ("Design Intelligence"). If you do not agree with the terms of this license, choose the "No" button below and exit the installation of i publish. Installation of the Trial Software constitutes acceptance of the terms of this License Agreement.
Grant of License: Design Intelligence hereby grants you a nonexclusive, royalty-free, limited-term, trial use and demonstration license of the object code version of the Trial Software, a copy of which is provided herewith. This license permits you to copy the object code version of the Trial Software on unlimited computer systems and to display and use the Trial Software on each of those computer systems for a period of thirty (30) days ("Trial Period") for purposes of evaluation of the Trial Software and demonstrations. The Trial Period runs from the date of your acceptance of this Trial Agreement.
Restriction on Redistribution: Redistribution of the Trial Software to any third party is permitted. The authorized installation and use of the Trial Software is restricted by the terms of this Trial Agreement. Some portions of this installation are subject to the terms of their accompanying third party end user license agreements which are incorporated by reference herein. Redistribution of the Trial Software must be in the form of the self-extracting executable file IPUBTD.EXE and must include all original documentation, intellectual property notices, and this Trial Agreement.
Online Software Distributors: If you are an online software distributor (e.g. a freeware/shareware site or bulletin board operator), you may distribute the i publish Test Drive via your host system, subject to the terms of this Trial Agreement. We encourage you to register with us at www.design-intelligence.com/download/dist/dist.html, by e-mailing us at online.marketing@design-intelligence.com, or by calling 1-888-2PUBLISH so that we can ensure that you receive updated versions of the i publish Test Drive and promotional materials to accompany it.
No Modification: You must retain all copyright and related notices of Design Intelligence's ownership and other rights in the Trial Software in the product, labeling and documentation provided. You agree not to modify, translate, decompile, reverse engineer, disassemble or otherwise decode the object code version of the Trial Software. You agree not to modify this Trial Software to extend the Trial Period in any way whatsoever.
Trademarks: You acknowledge that Design Intelligence, i publish (tm) and related logos and designs are trademarks of Design Intelligence, Inc. and that no rights in such trademarks are granted to you by this Agreement.
Support: As a Test Drive version of i publish, Design Intelligence offers only limited support for the Trial Software and reserves the right to cease the distribution of and/or support for the Trial Software to you at any time. Design Intelligence reserves the right to modify the Trial Software from time to time without obligation to notify you, or any other person or organization of such revision or change. You acknowledge that the Trial Software is a pre-release version for evaluation of the Trial Software and demonstration purposes only and agree to use commercially reasonable efforts to report errors to Design Intelligence during the Trial Period. Design Intelligence will field such reports through e-mail and Web site forms on Design Intelligence's web site, www.design-intelligence.com. Design Intelligence will provide end-user support via information posted to the www.design-intelligence.com web site. No direct telephone support will be offered to users of the Trial Software.
Image License: Certain images are provided under license from West Stock, Innovation Multimedia, Direct Imagination, EclecticCollections Publications Ltd., Rubberball Productions, Ultimate Symbol, Inc., Zedcor, Inc., PhotoDisc Inc., Dynamic Graphics, Inc., Focus Designs, Index Stock Photgraphy, Inc., MetaCreations, Inc. These images may be copied, modified and incorporated into materials for personal or for internal company use and in advertising and promotional materials for you or your clients. You are not permitted to use the images, or any portions of the images, in any other way. Furthermore, you may not use the images in any manner which is defamatory, pornographic or otherwise violates any applicable laws. You may not make copies, either digital or printed, of the images for the purpose of re-licensing or reselling the image (whether separately or in combination with other images) or for any other purpose except those expressly set forth above. All ArtToday images are copyright(c) 1996-1997 Zedcor, Inc. All rights reserved, worldwide. Permission to use these ArtToday images is granted to i publish users, free and without special permission, provided no more than fifteen (15) images are used in a single project.
Limitation of Liability: IN NO EVENT WILL DESIGN INTELLIGENCE BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST OPPORTUNITY OR PROFITS, COST OF COVER OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE USE OF THE TRIAL SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF DESIGN INTELLIGENCE HAS BEEN ADVISED OR GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE RISK AS TO THE USE OF THE TRIAL SOFTWARE IS ASSUMED BY THE TRIAL USER. THIS TRIAL SOFTWARE IS A LIMITED FUNCTIONALITY VERSION, INTENDED SOLELY FOR EVALUATION PURPOSES. PLEASE CONTACT DESIGN INTELLIGENCE AT WWW.DESIGN-INTELLIGENCE.COM OR 206-749-2860 FOR INFORMATION ABOUT COMMERCIAL VERIONS OF THE TRIAL SOFTWARE.
Disclaimer of Warranty: TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL DESIGN INTELLIGENCE SOFTWARE, INCLUDING THE TRIAL SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER DESIGN INTELLIGENCE OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO COVENANTS, WARRANTIES OR INDEMNITIES OF ANY KIND ARE GRANTED BY DESIGN INTELLIGENCE TO THE TRIAL USER.
Breach of Agreement: You acknowledge that the Trial Software contains trade secrets of Design Intelligence and that irreparable harm would result in the event of a material breach by you of the no modification terms of this Agreement listed above. In the event of a material breach of the terms of this Agreement by you, Design Intelligence shall be entitled to immediately seek injunctive relief, in addition to any other available remedies, in any court of appropriate jurisdiction, without the need to post a bond.
Termination: Except for the restrictions on reverse engineering and right to remedies for breach, this Agreement shall terminate immediately at the end of the Trial Period set forth above On termination, you agree to destroy all copies of the Trial Software in your possession and control.
Government Rights: If used or acquired by the Government, the Government acknowledges that (a) the Trial Software constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable and (b) the Government's rights are limited to those specifically granted to you pursuant to this License. The contractor/manufacturer is Design Intelligence, Inc., 1111 Third Avenue, Suite 1500, Seattle, WA 98101.
Export Control Obligations: You will not export or re-export any Licensed Software in violation of any law, regulation, order or other governmental requirement (including, without limitation, the U.S. Export Administration Act, regulations of the Department of Commerce and other export controls of the U.S.). You shall, at your own expense, promptly obtain and arrange for the maintenance of all non-U.S.A. government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for performance under this Trial Agreement.
Registration and Purchase of Commercial License for the Trial Software: You may obtain a license to the fully-functional version of i publish by contacting Design Intelligence. Support is available for registered users of the fully-functional version of i publish. The contact number for obtaining i publish and registration and extension of license term is 1-888-2publish (toll free, 1-888-278-2547) or 1-206-749-2860. No license for the use of such commercial release is granted by this Agreement.
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If you are installing i publish 2.0 on a computer system as a Product Owner, the following license governs your rights in the installed software.
DESIGN INTELLIGENCE, INC. i publish(tm)
License Agreement ("Agreement")
This license agreement governs i publish(tm) ("Software"). By pressing the "Yes" button below you enter into the terms of this binding contract between you ("you" or "User") and Design Intelligence, Inc. ("Design Intelligence"). If you do not agree with the terms of this license, choose the "No" button below and exit the installation of i publish. Installation of the Software constitutes acceptance of the terms of this License Agreement.
Grant of License: Subject to the terms and conditions of this Agreement, Design Intelligence hereby grants you a limited, nonexclusive license to install and use the object code version of the Software, a copy of which is provided herewith, on a single personal computer.
Limitations: The Software is licensed, not sold, to you. You must retain all copyright and related notices of Design Intelligence's ownership and other rights in the Software in the product, labeling and documentation provided. Furthermore, you may not: (a) modify, translate, decompile, reverse engineer, disassemble or otherwise decode the Software; (b) copy any of the Software other than as reasonably required for your own personal use of the Software in accordance with this Agreement; or (c) sublicense, sell, rent, lend, transfer, post, transmit, distribute or otherwise make the Software available to anyone else, except that you may permanently transfer the Software and accompanying materials provided you retain no copies and the recipient agrees to the terms of this Agreement.
Trademarks : You acknowledge that Design Intelligence, i publish (tm) and related logos and designs are trademarks of Design Intelligence, Inc. and that no rights in such trademarks are granted to you by this Agreement.
Support: Design Intelligence reserves the right to modify the Software from time to time without obligation to notify you, or any other person or organization of such revision or change.
Image License: Certain images are provided under license from West Stock, Innovation Multimedia, Direct Imagination, EclecticCollections Publications Ltd., Rubberball Productions, Ultimate Symbol, Inc., Zedcor, Inc., PhotoDisc Inc., Dynamic Graphics, Inc., Focus Designs, Index Stock Photgraphy, Inc., MetaCreations, Inc. These images may be copied, modified and incorporated into materials for personal or for internal company use and in advertising and promotional materials for you or your clients. You are not permitted to use the images, or any portions of the images, in any other way. Furthermore, you may not use the images in any manner which is defamatory, pornographic or otherwise violates any applicable laws. You may not make copies, either digital or printed, of the images for the purpose of re-licensing or reselling the image (whether separately or in combination with other images) or for any other purpose except those expressly set forth above. All ArtToday images are copyright(c) 1996-1997 Zedcor, Inc. All rights reserved, worldwide. Permission to use these ArtToday images is granted to i publish users, free and without special permission, provided no more than fifteen (15) images are used in a single project.
Limitation of Liability: IN NO EVENT WILL DESIGN INTELLIGENCE BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST OPPORTUNITY OR PROFITS, COST OF COVER OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FRoM OR RELATING TO THE USE OF THE SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF DESIGN INTELLIGENCE HAS BEEN ADVISED OR GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE RISK AS TO THE USE OF THE SOFTWARE IS ASSUMED BY THE USER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
Disclaimer of Warranty: TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL DESIGN INTELLIGENCE SOFTWARE, INCLUDING THE SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER DESIGN INTELLIGENCE OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO COVENANTS, WARRANTIES OR INDEMNITIES OF ANY KIND ARE GRANTED BY DESIGN INTELLIGENCE TO THE USER.
Termination: If you do not accept the terms of this license, you agree to destroy all copies of the Software in your possession and control.
Government Rights: If used or acquired by the Government, the Government acknowledges that (a) the Software constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable and (b) the Government's rights are limited to those specifically granted to you pursuant to this License. The contractor/manufacturer is Design Intelligence, Inc., 1111 Third Avenue, Suite 1500, Seattle, WA 98101.
Export Control Obligations: You will not export or re-export any Licensed Software in violation of any law, regulation, order or other governmental requirement (including, without limitation, the U.S. Export Administration Act, regulations of the Department of Commerce and other export controls of the U.S.). You shall, at your own expense, promptly obtain and arrange for the maintenance of all non-U.S.A. government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for performance under this Agreement.
