PLEASE READ THIS PANAVUE IMAGEASSEMBLER SOFTWARE (FURTHER REFERRED AS THE "SOFTWARE") LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. License. The software and any fonts accompanying this License whether on disk, in read only memory, or any other media (the "Software") are licensed, not sold to you by PanaVue. You own the media on which the Software is recorded but PanaVue and/or PanaVue's licensor(s) retain title to the Software. The Software in this package and any copies which this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install and use the Software on a single computer at a time. This License does not allow the Software to exist on more than one computer at a time except if you purchased a multi-user license, in which case you cannot install the Software on more than the number of computers stated on the receipt. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable laws and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, sublicense, create derivative works from the Software or transmit the Software over a network. You may not distribute the serial number that comes with this software. You may, however, transfer your rights under this License provided you transfer the related documentation, this License, the serial number, and a copy of the Software to a party who agrees to accept the terms of this License and destroy any other copies of the Software in your possession. Your rights under this License will terminate automatically without notice from PanaVue if you fail to comply with any term(s) of this License.
3. As mentionned in paragraph 2, this license is for a single user on a single computer. PanaVue may sell, however, a separate license to allow bundling the Software with another product for distribution. In this case, royalties must be paid to PanaVue on a per unit basis. Contact PanaVue for any further information about obtaining such a license.
4. Limited Warranty on Media. PanaVue warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at PanaVue's option, a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to PanaVue or a PanaVue authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANDABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION OF NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. PANAVUE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
5. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and PanaVue and PanaVue's licensor(s) (for the purposes of provision 4 and 5, PanaVue and PanaVue's licensor(s) shall be collectively referred to as "PanaVue") EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANDABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PANAVUE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, PANAVUE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PANAVUE OR A PANAVUE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT PANAVUE OR A PANAVUE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PANAVUE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall PanaVue's total liability to you for all damages exceed the amount paid for this License to the Software.
7. Controlling Law and Severability. This License shall be governed by the laws of Canada and the Province of Quebec. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by PanaVue.
