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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