DIGITAL LIGHT & COLOR, INC. SOFTWARE LICENSE AGREEMENT
Digital Light & Color, Inc. ("DLC") licenses the use of the programs inside this diskette package to the original purchaser ("you") in accordance with this Software License Agreement. You assume responsibility for the selection of the programs to achieve your intended results, and for the installation, use and results obtained from the programs.
LICENSE
You may: (a) Use the programs on a single machine; (b) Copy the programs into any machine-readable form for backup or modification purposes in support of your use of the programs on the single machine; and, (c) Transfer the programs and license to another party if the other party agrees to accept the terms and conditions of this Agreement as if he or she were the original purchaser. If you transfer the programs, you must at the same time either transfer all copies whether in printed or machine-readable form to the same party or destroy any copies not transferred.
You must reproduce and include DLC's copyright notice on any copy.
You may not: (a) Rent, lease or loan any copy of the programs to another person or (b) Use the programs on more than one personal computer at a time.
You may not use, copy, modify, or transfer the programs or any copy, in whole or in part, except as expressly provided for in this License Agreement.
IF YOU TRANSFER POSSESSION OF ANY COPY OF THE PROGRAMS TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
TERM
The license is effective until terminated. You may terminate it at any other time by destroying the programs together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the programs together with all copies, modifications and merged portions in any form.
LIMITED WARRANTY
DLC warrants the diskettes on which the programs are furnished to be free from defects in materials and workmanship under normal use for a period of ninety days from the date of delivery to you as evidenced by a copy of your receipt.
THE PROGRAMS THEMSELVES ARE LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the quality and performance of the programs is with you. Should the programs prove defective, you (and not DLC or an authorized software dealer) assume the entire cost of all necessary servicing, repair or correction.
DLC does not warrant that the functions contained in the programs will meet your requirements or that the operation of the programs will be uninterrupted or error free.
Some states do not allow limitations on the length of implied warranties, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
LIMITATIONS OF REMEDIES
DLC's entire liability and your exclusive remedy shall be the replacement of any diskette not meeting DLC's "Limited Warranty" or, at DLC's option, the refund of the purchase price. In order to obtain this remedy, you must return the defective diskette to DLC or an authorized DLC software dealer with a copy of your receipt.
IN NO EVENT WILL DLC BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM EVEN IF DLC OR ANY AUTHORIZED DLC PERSONAL COMPUTER DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
GENERAL
This Agreement will be governed by the laws of the Commonwealth of Massachusetts.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN DLC AND YOU WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN DLC AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
U.S. GOVERNMENT RESTRICTED RIGHTS
The programs and documentation sold with the programs are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 and in paragraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 48 C.F.R. Section 252.227-7013. Contractor/manufacturer is Digital Light & Color, Inc., P.O. Box 382908, Cambridge, MA 02238.
