home *** CD-ROM | disk | FTP | other *** search
- WEBFLIX PRO(TM) END USER LICENSE AGREEMENT
- REDISTRIBUTION NOT PERMITTED
-
- This Agreement has three parts. Part I applies if you have not purchased a license
- to the accompanying software (the "Software"). Part II applies if you have
- purchased a license to use the Software. Part III applies to all license grants.
- If you initially acquired a copy of the Software without purchasing a license
- and you wish to purchase a license, contact MediaWare Solutions Pty Ltd on the
- Internet at http://www.mediaware.com.au.
-
- PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
- (LIMITED TO EVALUATION USE)
-
- GRANT. MediaWare Solutions grants you a non-exclusive license to use the
- Software free of charge if your use of the Software is for the purpose of
- evaluating whether to purchase an ongoing license to the Software. The
- evaluation period for use by or on behalf of a commercial entity is limited to
- a period at the discretion of MediaWare Solutions Pty Ltd. If you are using the
- Software free of charge, you are not entitled to hard-copy documentation,
- support or telephone assistance. If your use fits within the description above, you
- may use the Software in the manner described in Part III below under "Scope of
- Grant."
-
- DISCLAIMER OF WARRANTY. Free of charge Software is provided on an
- "AS IS" basis, without warranty of any kind, including without limitation the
- warranties of merchantability, fitness for a particular purpose and
- non-infringement. The entire risk as to the quality and performance of the
- Software is borne by you. Should the Software prove defective, you and not
- MediaWare Solutions Pty Ltd assume the entire cost of any service and
- repair. This disclaimer of warranty constitutes an essential part of the
- agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF
- AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO
- YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
- JURISDICTION.
-
- PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
-
- GRANT. Subject to payment of applicable license fees, MediaWare Solutions
- grants to you a non-exclusive license to use the Software and accompanying
- documentation ("Documentation") and MPEG video data in the manner described in
- Part III below under "Scope of Grant."
-
- LIMITED WARRANTY: MediaWare Solutions warrants that the media on which the
- Software is furnished will be free of defects in materials and workmanship under
- normal use for a period of ninety (90) days from the date of purchase, as evidenced
- by a copy of the receipt. Otherwise, the Software is provided "AS IS," without a
- warranty of any kind. This warranty extends to you only if you are the original
- Licensee. Your exclusive remedy, and MediaWare Solutions's sole liability under
- this warranty, will be the correction of defects in media or replacement of the media,
- or, if correction or replacement is not reasonably achievable by MediaWare Solutions,
- the refund you of the license fee you paid, upon return of the Software. Such a
- refund by the MediaWare Solutions will cause immediate termination of this Agreement.
- If the media is subjected to accident, abuse, or improper use; or if you violate the terms
- of this Agreement, then this warranty shall be terminated immediately.
-
- MEDIAWARE SOLUTIONS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS
- OR WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ANY ASPECT OF ANY
- THE LICENSED SOFTWARE OR RELATED SERVICE, INCLUDING WITHOUT
- LIMITATION ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY,
- FITNESS FOR ANY PARTICULAR PURPOSE, OR QUALITY OR THAT THE USE
- OF THE LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT
- OR TRADEMARK. MEDIAWARE SOLUTIONS AND ITS SUPPLIERS WILL NOT BE
- HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY YOU OR THIRD
- PARTY ON ACCOUNT OF, OR ARISING FROM, THE USE OF THE LICENSED
- SOFTWARE. MEDIAWARE SOLUTIONS AND ITS SUPPLIERS DO NOT WARRANT
- THAT ANY THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR
- THAT ITS OPERATION OR USE WILL BE ERROR-FREE. NO DEALER, AGENT, OR
- EMPLOYEE OF MEDIAWARE SOLUTIONS IS AUTHORIZED TO MAKE ANY
- MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
-
- You agree not to attempt to modify, reverse engineer, reverse compile or disassemble
- any portion of the Software. If any modifications are made to the Software by you
- during the warranty period; if the media is subjected to accident, abuse, or improper use;
- or if you violate the terms of this Agreement, then this warranty shall immediately be
- terminated. This warranty shall not apply if the Software is used on or in conjunction
- with hardware or software other than the unmodified version of hardware and software
- with which the software was designed to be used as described in the Documentation.
- THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
- HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
-
- PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
-
- SCOPE OF GRANT.
- This license grants you (an individual or single entity) the following rights:
- - you, as an individual, may install and use the Software on any computer
- provided you are the only individual using the Software. If you are an
- entity, you must designate one individual within your organisation
- to have the right to use the Software in the manner provided above.
- - you may also store or install a copy of the Software on an internal
- multi-user or networked system; however you must obtain a dedicated
- licence for each computer on which the Software is installed or run.
- - you may copy the Software for archival purposes, provided any copy must
- contain all of the original Software's proprietary notices.
-
- You may not:
- - permit other individuals to use the Software;
- - permit concurrent use of the Software or share the license;
- - modify, translate, reverse engineer, decompile, disassemble (except to
- the extent applicable law specifically prohibit such restriction), or create
- derivative works based on the Software;
- - copy the Software other than as specified above;
- - rent, lease, grant a security interest in, or otherwise transfer rights
- to the Software; or
- - remove any proprietary notices or labels on the Software.
-
- TITLE. Title, ownership rights, and intellectual property rights in the
- Software shall remain in MediaWare Solutions and/or its suppliers. The
- Software is protected by the Commonwealth of Australia copyright laws and
- treaties. Title and related rights in the content accessed through the
- Software is the property of the applicable content owner and may be protected
- by applicable law. This License gives you no rights to such content.
-
- TERMINATION. The license will terminate automatically if you fail to comply
- with the limitations described herein. On termination, you must destroy all
- copies of the Software and Documentation.
-
- LIMITATION OF LIABILITY:
- UNDER NO CIRCUMSTANCES AND IN NO EVENT AND UNDER NO
- LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MEDIAWARE
- SOLUTIONS OR ITS SUPPLIERS OR RESELLERS OR MANUFACTURERS OR
- SUBCONTRACTORS BE HELD RESPONSIBLE OR LIABLE FOR ANY LOST
- REVENUES, LOST PROFITS, LOST DATA, OR OTHER SPECIAL, INCIDENTAL,
- INDIRECT OR CONSEQUENTIAL DAMAGE OR FOR LOSS, DAMAGE OR
- EXPENSE DIRECTLY OR INDIRECTLY ARISING OUT OF THE PERFORMANCE
- OF THE AGREEMENT OR FROM YOUR OR ANY OTHER PARTY'S USE OF OR
- INABILITY TO USE EQUIPMENT, SERVICES OR SOFTWARE EITHER
- SEPARATELY OR IN COMBINATION WITH OTHER EQUIPMENT OR
- FOR COMMERCIAL LOSS OF ANY KIND, EVEN IF MEDIAWARE SOLUTIONS
- OR ITS SUPPLIERS ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF
- SUCH DAMAGES, NOR SHALL MEDIAWARE SOLUTIONS OR ITS SUPPLIERS
- BE HELD LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY
- PAID BY THE LICENSEE TO MEDIAWARE SOLUTIONS UNDER THIS
- AGREEMENT. MEDIAWARE SOLUTIONS AND ITS SUPPLIERS SHALL NOT
- BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY A THIRD
- PARTY ON ACCOUNT OF OR ARISING FROM THE USE OF OR THE INABILITY
- TO USE THE SOFTWARE. YOU, THE LICENSEE, ASSUME ALL RISKS AND
- LIABILITY FOR LOSS, DAMAGE OR INJURY YOU OR YOUR PROPERTY OR
- OTHERS ARISING OUT OF USE OR POSSESSION OF THE EQUIPMENT,
- SERVICES AND SOFTWARE PROVIDED HEREUNDER. THIS PARAGRAPH
- SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
-
- HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed,
- manufactured or intended for use or resale as on-line control equipment in
- hazardous environments requiring fail-safe performance, such as in the
- operation of nuclear facilities, aircraft navigation or communication systems,
- air traffic control, direct life support machines, or weapons systems, in
- which the failure of the Software could lead directly to death, personal
- injury, or severe physical or environmental damage ("High Risk Activities").
- MediaWare Solutions and its suppliers specifically disclaim any express or
- implied warranty of fitness for High Risk Activities.
-
- MISCELLANEOUS. If the copy of the Software you received was accompanied by a
- printed or other form of "hard-copy" End User License Agreement whose terms
- vary from this Agreement, then the hard-copy End User License Agreement
- governs your use of the Software. This Agreement represents the complete
- agreement concerning this license and may be amended only by an agreement in
- writing executed by both parties.
-
- THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
- EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS
- SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.
-
- If any provision of this Agreement is held to be unenforceable, such provision
- shall be reformed only to the extent necessary to make it enforceable. This
- Agreement shall be governed by Australian law. The application of the United
- Nations Convention of Contracts for the International Sale of Goods is
- expressly excluded.
-
- WEBFLIX PRO
- Copyright 1997 MediaWare Solutions Pty Ltd
- ACN: 077 094 798
- All rights reserved
-