Read this agreement carefully. If you agree to its terms, press the Accept key to continue with the Setup. If you do not agree to its terms, press Decline to abort the installation.
The software which accompanies this license (the "Software") is the property of MicroVision Development, Inc. ("MicroVision") or its licensors and is protected by copyright law. While MicroVision continues to own the Software, you will have certain rights to use the Software after your acceptance of the license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations are as follows:
SureThing« CD Labeler
Trial Copy License Agreement
By using, copying, transmitting, distributing or installing SureThing CD Labeler, you agree to all of the terms of this License. If you do not agree to any of the terms of this License, then do not use, copy, transmit, distribute, or install SureThing CD Labeler.
This is not free software. Subject to the terms below, you are hereby licensed by MicroVision Development, Inc. ("MVD") to use this software for evaluation purposes without charge for a period of 30 days. If you use this software after the 30 day evaluation period you must purchase the software. Payments must be in US dollars drawn on a US bank, and should be sent to MicroVision Development, Inc., P.O. Box 130023, Carlsbad, CA 92013, USA. See the SureThing CD Labeler web site at http://www.surething.com for information about online ordering and quantity discounts.
Unregistered use of SureThing CD Labeler after the 30-day evaluation period is in violation of U.S. and international copyright laws.
You may, without making any payment to MVD:
a) give exact copies of this trial version of SureThing CD Labeler personally to anyone, except for the purpose of extending their 30 day evaluation period;
b) distribute exact copies of this trial version of SureThing CD Labeler, if done exclusively through electronic channels; and
c) make as many exact copies of this evaluation version of SureThing CD Labeler as you wish, for purposes of distribution as described in (a) and (b) above.
You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from MVD. MVD reserves the right to revoke the above distribution rights at any time, for any or no reason.
This software, and all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. In particular, there is no warranty that the software is or will be free from defects, bugs or viruses. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement. In no event shall MVD, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of SureThing CD Labeler, or your relationship with MVD.
In addition, in no event does MVD authorize you to use SureThing CD Labeler in applications or systems where SureThing CD Labeler's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold MVD harmless from any claims or losses relating to such unauthorized use.
This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the State of California. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in either the counties of San Diego or Los Angeles in the State of California, and you consent to such jurisdiction and venue.
All rights of any kind in SureThing CD Labeler which are not expressly granted in this License are entirely and exclusively reserved to and by MVD. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on SureThing CD Labeler. You may not make access to SureThing CD Labeler available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by MVD herein.
SureThing CD Labeler ⌐ 1996-2001 by MicroVision Development, Inc. All rights reserved.
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Digital Image Library License Agreement
ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE AGREEMENT AND ALL APPLICABLE ADDENDUMS ("LICENSE") WHICH DEFINE WHAT YOU MAY DO WITH THE PRODUCT AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY MICROVISION DEVELOPMENT, INC. THIS LICENSE INCLUDES THE FOLLOWING:
1. GENERAL LICENSE AGREEMENT
2. GUIDELINES FOR THE USE OF CLIPART AND PROFESSIONAL PHOTO IMAGES
LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT TO MICROVISION DEVELOPMENT, INC, WITHIN 30 DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
A. LICENSE:
MicroVision Development ("we" or "us") provides you with storage media containing a computer program, computer software, including its code, objects including their APIÆs as well as any images, photographs, templates, animations, video, audio, music, text and "applets" incorporated into the software, the accompanying printed materials, a License, and "online" or electronic documentation (together called the "Product") and we grant you a license to use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by us for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with us or our licensors. You must reproduce any copyright or other notice marked on the Product on all copies you make.
B. YOU MAY:
1. install and use one copy of the Product on a single computer. You may also make and use a second copy of the Product on a home or portable computer provided that copy is never loaded in the RAM of the home or portable computer at the same time its is loaded in the RAM of the primary computer.
2. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device.
3. make one copy of the Product for archive or backup purposes.
4. if this Product includes Clipart and/or Photo Images, use the Clipart and or Photo Images only if you comply with the terms set out in the Guidelines for the Use of Clipart and Professional Photo Images below.
5. transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Produc t, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License.
C. YOU MAY NOT:
1. use the Product or make copies of it except as permitted in this License.
2. translate, reverse engineer, decompile, o r disassemb le the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.
3. rent, lease, assign, or transfer the Product except as set out in paragraph B above.
4. modify the Product or merge all or any part of the Product with another program.
5. redistribute the fonts or sound files included with the Product
6. separate the component parts of the Product for use on more than one computer.
D. TERM:
This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Produc t. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
E. LIMITATION OF WARRANTIES AND LIABILITY:
EXCEPT FOR THE EXPRESS WARRANTY ABOVE , 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, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. 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 YOU 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 THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU 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 STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENT A L DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
F. U.S. GOVERNMENT RIGHTS:
With respect to any acquisition of the Product by or for any unit or agency of the United States Government (the "Government"), the Product shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and suppleme nts thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Product was developed entirely at private expense, and no part of the Product was first produced in the performance of a Government contract. If the Product is supplied for use by DoD, the Product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Product is supplied for use by a Federal agency other than DoD, the Product is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The manufacturer is MicroVision Development, Inc.
G. GENERAL:
This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the state of California and the United States of America, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.
GUIDELINES FOR THE USE OF
CLIPART AND PROFESSIONAL PHOTO IMAGES
This product contains numerous clipart and photo images (collectively referred to as the "Images") which are either owned by us or licensed from a third-party. As a user of this product you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncerta in as to whether your intended use is in compliance with the Guidelines set out below, we recommend that you seek the advice of your own attorney or legal counsel. We will not provide you with an opinion as to whether your use is in compliance with these Guidelines.
A. YOU MAY, subject to any restrictions set out below:
1. incorporate any Image(s) into your own original work and publish, display and distribute your work in any media. You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product;
2. make one (1) copy of the Image(s) for backup or archival purposes.
B. YOU MAY NOT
1. create scandalous, obscene, defamatory or immoral works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;
2. use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
3. use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason.
4. rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License;
5. use any Image(s) except as expressly permitted by this License.
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Clip Art Library License Agreement
PLEASE READ CAREFULLY AND PRINT FOR FUTURE REFERENCE!
The clip art library you are using (hereinafter the "Software") is provided to you under license. No sale has occurred. This license agreement defines the ways in which you can use the Software and the graphics it contains.
Please read this agreement as carefully as you would read any other legal document.
Installing or using the Software will indicate your acknowledgement that you have read this agreement and your acceptance of its terms.
1. Copyright. The Software, its documentation and related materials are copyrighted 1995-99 by Nova Development Corporation and its licensors, including ⌐1996-99 Cliptoart; ⌐1994-99 GraphicCorp, a Division of Corel Corporation, and Corel Corporation Limited.. Rights of all parties are reserved.
2. License. MicroVision Development, Inc. grants you a nonexclusive license to use the Software and its contents in accordance with the terms of this license.
3. Use of Software. You may use the Software inside the MicroVision product you have purchased only on one computer at a time. MicroVision Development sells site licenses separately, should you desire to use the Software on multiple computer systems.
4. Copying the Software. You may not copy or reproduce any part of the Software or related materials, except as permitted by the Copyright Act of the United States, Title 17, United States Code. You may not copy, lend, lease, rent, decompile, reverse-engineer, disassemble, or alter the Software in any way or remove or alter copyright notices.
5. Use of Images; Distribution. You may modify, publish and distribute the clip art, photographs and other content in print; create presentations which incorporate the images; and use the images in developing pages for the World Wide Web and Intranet systems; all provided you are not marketing any of these works as clip art, photographs or other content. In no case may you distribute any of the files in the Software by any other electronic means, including without limitation distributing the images on disks, CDs, DVDs, or via electronic download.
6. Responsibility; Use of Photos and Logos. Your own good judgment should guide you in the responsible use of the images contained in the Software. You are completely responsible for the results of your use of the images. You may not use the images to create work that would be considered obscene or libelous. Images depicting people may not be used for commercial purposes nor in a manner suggesting endorsement of any product or service. In addition, images depicting people may not be used in any manner which might be deemed pornographic.
In addition, certain images may contain logos or other matter that are the trademarks, service marks or trade names of third parties. They are provided for convenience only to those users of the Software who are authorized by those third parties to reproduce their trademarks in print. Know your rights and always seek direct permission from the work's owner if you intend to use a third party's trademark.
7. U.S. Government Restricted Rights. The Software and accompanying user documentation are licensed to the U.S. Government with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and the Commercial Computer Software clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is MicroVision Development, Inc. 5541 Fermi Ct., Suite 120, Carlsbad, CA 92008.
8. Assignment. If you eventually sell or otherwise legally transfer this Software to another party, that other party must agree to all of the terms of this license, and you may not retain any copies of the Software, manual or related materials. All of your rights under this license will then cease.
9. Term. Your rights hereunder shall continue until the earlier of (a) your transfer of all rights to the Software as provided in Section 8 or (b) your failure to comply with any of the terms and conditions of this license.
10. Limitations. The Software is licensed to you "as is." MicroVision Development hereby disclaims any and all implied warranties, including without limitation warranties of fitness for a particular purpose, merchantability and non-infringement. MicroVision Development does not warrant, guarantee, or make any representations regarding the use or the results of the use of the Software in terms of its correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the product is assumed by you.
NEITHER MICROVISION DEVELOPMENT NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU 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 THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU 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 STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Miscellaneous. This license constitutes the entire agreement between you and MicroVision Development, Inc. and supersedes all prior understandings. Should any of the provisions of this license be found unenforceable by a court of competent jurisdiction, the remaining provisions shall nonetheless remain in full force and effect. This license agreement shall be governed by, and construed in accordance with, the laws of the State of California.
