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PC World 2000 October
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Vyzkuste
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chroma
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chrminst1.1.exe
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license.txt
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2000-08-21
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BY CLICKING THE "I ACCEPT" BUTTON, YOU ARE
AGREEING ON BEHALF OF LICENSEE TO BE BOUND BY THE
TERMS AND CONDITIONS SET OUT IN THE THEMATIC
SOFTWARE LICENSE AGREEMENT BELOW. YOU ARE ALSO
REPRESENTING THAT YOU HAVE THE POWER TO BIND
LICENSEE. IF LICENSEE DOES NOT AGREE TO ALL OF
THE TERMS OF THE AGREEMENT THEN CLICK THE "I DO
NOT ACCEPT" BUTTON AND THIS PROCEDURE WILL END.
1. LICENSE. Thematic Software hereby grants
Licensee a limited, non-exclusive,
non-transferable license as set out in this
agreement to use Thematic Chroma (version 1.1)
(the "Software") for evaluation purposes for a
period of 21 days following the date of the first
installation of the Software on a particular
computer (the "Licensed Computer"). Usage beyond
the evaluation period requires registration.
Information on how to register can be found at
http://www.thematic.com/chroma/register.html.
The license permits the Licensee:
a. to run the download file to install a single
copy of the Software on the Licensed Computer;
b. to use the Software only at a single terminal
or a single workstation (the "Licensed Workstation
or Terminal");
c. to load the Software into temporary memory
(RAM) as part of the operation of the Licensed
Computer to support the use of the Software at the
Licensed Workstation or Terminal;
d. to make a reasonable number of backup copies of
the installed Software solely for the purpose of
recovering the installed Software on the Licensed
Computer;
e. to create printouts or otherwise capture screen
images of output from the Software for Licensee's
personal, non-commercial use only; and
f. to allow other persons to use the Software on
the Licensed Workstation or Terminal, provided
such use is otherwise in accordance with this
agreement and Licensee is entirely responsible for
such use.
2. RESTRICTIONS. The license granted hereunder
does not permit Licensee:
a. to permit other persons to use the Software
except pursuant to the terms and conditions of
this Agreement;
b. to modify, translate, reverse engineer,
decompile, disassemble the Software, or to create
derivative works based on the Software;
c. to copy the Software other than as specified
above;
d. to rent, lease, grant a security interest in,
or otherwise attempt to transfer rights to the
Software;
e. to remove or to alter any proprietary notices
or labels on the Software when creating permitted
copies of the Software, or permitted printouts of
the Software output; or
f. to redistribute, sell, or publish the images,
sound files, or fonts included with the Software.
3. NO UNAUTHORIZED REPRODUCTION. Licensee is
simply acquiring a license to use the Software in
accordance with this Agreement and the Software is
not sold to Licensee. Licensee agrees and
acknowledges that Thematic Software and its
licensors transfer no ownership interest in the
Software, in the intellectual property in the
Software, to Licensee or anyone else under this
Agreement or otherwise, and that Thematic and its
licensors reserve all rights not expressly granted
to Licensee in this Agreement. Any reproduction or
redistribution of the Software in violation of
this Agreement is expressly prohibited by law, and
may result in severe civil and criminal
penalties. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.
4. LIMITATION OF WARRANTIES AND LIABILITY: THE
PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT
ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABLE QUALITY, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING
BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OR
DEALING. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE PRODUCT IS ASSUMED BY
YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL
HAVE ANY LIABILITY TO LICENSEE OR ANY OTHER PERSON
OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT
NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR
DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR SUCH DAMAGES ARE FORESEEABLE. WE
ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD
PARTY. OUR MAXIMUM AGGREGATE LIABILITY AND THAT OF
OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE
AMOUNT PAID FOR THE PRODUCT. THE LIMITATIONS IN
THIS SECTION SHALL APPLY WHETHER OR NOT THE
ALLEGED BREACH OR DEFAULT IS A BREACH OF A
FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL
BREACH. SOME JURISDICTIONS DO NOT ALLOW AN
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO LICENSEE.
5. PROHIBITED USES. 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. Accordingly,
Thematic Software and its licensors prohibit use
of the Software in connection with such
activities, and specifically disclaim any express
or implied warranty of fitness for such
activities.
6. THIRD PARTY MATERIALS. Licensee acknowledges
and agrees that the Software, and any future
software, materials and themes provided by
Thematic Software may feature materials provided
by other users and other third parties, including
but not limited to user-submitted
"themes". Thematic makes no representation with
respect to, nor does it guarantee or endorse the
quality, noninfringement, accuracy, completeness,
timeliness, reliability, or correct sequencing of,
such third party materials or any other materials
which such third party materials may allow
access. Thematic Software expressly disclaims
responsibility and liability for all third-party
provided materials provided by Thematic Software.
7. TERMINATION. This Agreement will terminate if
Licensee fails to comply with any of its terms or
conditions. Licensee agrees, upon termination, to
destroy all copies of the Software and portions
thereof. The Limitation of Warranties and
Liability set out above shall continue in force
even after any termination.
8. RESTRICTED RIGHTS: If the Software is acquired
by or for the U.S. Government, then it is provided
with Restricted Rights. Use, duplication, or
disclosure by the U.S. 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, or clause 18-52.227-86(d) of the NASA
supplement to the FAR, as applicable. The
contractor/manufacturer is Thematic Software 464
Gladstone Ave, Toronto, Ontario, Canada, M6H 3H9
9. EXPORT CONTROLS: Thematic makes no
representation that the Software or other
materials accessed through the Software are
appropriate or available for use in other
locations, and access to them from territories
where their contents are illegal is prohibited.
Those who choose to download the Software from
other locations do so on their own volition and
are responsible for compliance with applicable
local laws. In addition, you are responsible for
complying with any local laws in your jurisdiction
which may impact your right to import, export or
use the Software.
10. GENERAL: This Agreement is the agreement
between Thematic Software and Licensee with
respect to the subject matter set out herein,
superseding any other agreement or discussion,
oral or written, and may not be changed except by
a further written agreement. This Agreement shall
be governed by and construed in accordance with
the laws of the Province of Ontario, Canada. If
any provision of this Agreement is declared by a
Court of competent jurisdiction to be invalid,
illegal, or unenforceable, such provision shall be
severed from the Agreement and the other
provisions shall remain in full force and
effect. The parties have requested that this
Agreement and all documents contemplated hereby be
drawn up in English. Les parties aux prΘsentes
ont exigΘ que cette entente et tous autres
documents envisagΘs par les prΘsentes soient
rΘdigΘs en anglais.