IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE AND RETURN THIS ENTIRE PACKAGE WITHIN 30 DAYS OF SALE WITH YOUR RECEIPT FOR A FULL REFUND.
1. USE
You (an entity or a person) may use Lotus ScreenCam (the "Software"), either on a standalone computer or a network, in the quantity purchased, if you meet the following conditions. In addition you may make one (1) archival copy of the Software. For any ScreenCam movie that you distribute for commercial purposes, you must reproduce the ScreenCam logo (file SC_TM.BMP in your ScreenCam \logos directory) (i) in your ScreenCam movie splash screen and about box, (ii) on your media, CD-ROM, Internet Home Page or other on-line service offering or (iii) on your packaging.
STANDALONE COMPUTER USE:
You must acquire one copy of the Software for each computer on which the Software will be installed. You may not use the applications on more than one computer. The primary user of the computer may also use the Software on a home and/or laptop computer, provided the Software is used on only one computer at a time.
SHARED NETWORK USE:
You may use the Software on a network provided you have purchased Software equal to the maximum number of copies in use at any time. Use any of the applications other than Organizer will be considered using the entire SmartSuite. The Software is "in use" on a computer when it is resident in memory (i.e. RAM) or when executable and other files are installed on the hard drive or other storage device. Software which is stored on a server and not resident in memory on that machine is not considered "in use."
FOR UPGRADES AND TRADE-UPS:
If the Software is an upgrade or a trade-up, you are authorized to use the Software only if you are an authorized user of a qualifying product as determined by Lotus and provided you (i) either delete the qualifying product or install the new product on the same computer or network as the qualifying product and (ii) do not transfer the qualifying product to any other person.
2. RESTRICTIONS
Except as expressly provided in Section 1, you may not alter, merge, modify or adapt the Software in any way including reverse engineering, disassembling or decompiling. You may not sell, distribute, loan, rent, lease, license or otherwise transfer the Software or any copy; except, you may permanently transfer the Software (including all prior versions) provided you transfer the Software Agreement and all documentation and media and you do not retain any copies. If the Software is demonstration and evaluation ("D&E") software, you may not transfer the Software for commercial purposes. If you acquired the Software preloaded on a computer as part of your purchase of the computer ("OEM Software"), then you may not transfer such OEM Software (or any accompanying disks) for value separately from the computer.
If you are using the Software in any country in the European Community, the prohibition against altering, merging, modifying or adapting the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs. If you seek interface information within the meaning of Article 6.1.b of that Directive, you should initially approach the Legal Department, Lotus Development International Corporation, Lotus Park, The Causeway, Staines, Middlesex TW18 3AG, United Kingdom.
3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Software and user documentation are owned by Lotus or its suppliers and are protected by applicable intellectual property laws (including patent, trademark and copyright laws) and inter- national treaty provisions. Lotus retains all rights not expressly granted.
4. ADOBE TYPE MANAGER SOFTWARE
If your Software contains Adobe Type Manager ("ATM") you may install and use ATM software on up to three (3) computers. Outline Fonts: You agree that you will use the Outline Fonts to reproduce and display typefaces solely for your own customary business or personal purposes on (i) one printer which either contains a PostScript language interpreter or is attached to a central processing unit which utilizes ATM or the Display PostScript System from Adobe and (ii) one or more workstations utilizing ATM. Except as described in this paragraph, the Lotus Software Agreement (including the Limited Warranty and U.S. Government Restricted Rights) will apply to the ATM Software.
5. LIMITED WARRANTY
For ninety (90) days from your date of purchase, Lotus warrants that
(i) the Software will substantially conform to the applicable user docu- mentation and (ii) that the magnetic media on which the Software is distributed and the user documentation (if any) are free from defects in materials and workmanship. Lotus will, at its option, refund the amount you paid for the Software or provide you with corrected items at no charge provided that the defective item(s) is returned to Lotus within ninety (90) days from the date of purchase. Any misuse or unauthorized modification of the Software will void this limited warranty.
Except as specifically provided herein, Lotus makes no warranty, representation, promise or guarantee, either express or implied, statutory or otherwise, with respect to the Software, user docu- mentation or related technical support, including their quality, performance, merchantability or fitness for a particular purpose.
The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
6. LIMITATION OF LIABILITY
Because software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies. In no event will Lotus or any of its licensors be liable for indirect, special, incidental, tort, economic, cover or consequential damages arising out of the use of or inability to use Lotus (or any of its licensors') products or services, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data or computer programs, even if advised of the possibility of such damages. In no case shall Lotus' or any its licensors' liability exceed the amount paid by you for the Software out of which such claim arose.
This limitation on monetary damages will not apply to claims relating to death or personal injury which arise out of products deemed to be consumer goods under applicable law. Some states, provinces and other jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above exclusion or limitation may not apply to you. However, in appro- priate jurisdictions, Lotus limits its liability, according to the terms of this Agreement, to the extent permissible at law.
Additional terms applicable only in Australia. Nothing in this Agreement operates to exclude, restrict or modify the application of any of the provisions of the Trade Practices Act 1974 (Cth) or any equivalent state
or territory legislation, the exercise of a right conferred by such a provision, or any liability of Lotus for a breach of a condition or warranty (including but not limited to a condition or warranty in relation to goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption) implied by such a provision. To the extent that it is able to do so, Lotus expressly limits its liability for any breach of a condition or warranty under this Agreement or implied by virtue of any legislation to one of the following, the choice of which is to be at Lotus' sole discretion: (i) the replacement of the Software or the supply of equivalent software; or (ii) the payment of the cost of replacing the Software or of acquiring equivalent software.
7. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and/or user documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/Manufacturer is Lotus Development Corporation, 55 Cambridge Pkwy., Cambridge, MA 02142. In the event the Government seeks to obtain the Software pursuant to standard commercial practice, this software agreement, instead of the noted regulatory clauses, shall control the terms of the Government's license.
8. GENERAL
No Lotus dealer, distributor, agent or employee is authorized to make any modification or addition to this Agreement. The Software contains cryptographic functions which are subject to special export licensing requirements by the U.S. Department of Commerce. It is your respon- sibility to comply with all such regulations. For use of the Software in North America and Latin America, this Agreement will be governed by
the laws of the Commonwealth of Massachusetts. For all other countries, this Agreement will be governed by the laws of the country in which the Software was purchased.
FOR US CUSTOMERS: Should you have any questions concerning this Agreement or Lotus' software use policies, write to Inside Sales and Service, Lotus Development Corporation, 55 Cambridge Parkway, Cambridge, MA 02142, or call 1-800-343-5414.
FOR CANADIAN CUSTOMERS: Should you have any questions concerning this Agreement or Lotus' software use policies, write to Customer Service, Lotus Development Canada Limited, P.O. Box 679, Scarborough, Ontario M1K 5C5, or call 1-800-465-6887.
FOR LATIN AMERICAN CUSTOMERS: Should you have any questions concerning this Agreement or Lotus' software use policies, call or write your local sales office.
For customers in all other countries: Please call or write your local Lotus sales office.
