MacWorld 1999 August/Macworld (1999-08).dmg/Shareware World/Graphics/Fractal Viewer for Netscape/License

Text File | 1996-06-19 | 7KB | 122 lines

Iterated's Fractal Viewer (Macintosh) License Agreement

This License Agreement applies only to Iterated's Fractal Viewer product.

END USER AND ROYALTY FREE DISTRIBUTION LICENSE AGREEMENT
REDISTRIBUTION PERMITTED ONLY IF PROGRAM AND FILES ARE NOT MODIFIED
AND ALL FILES, INCLUDING THIS FILE, ARE INCLUDED.

GRANT: Iterated Systems, Inc. ("Iterated") hereby grants
you a limited, nontransferable, terminable, non-exclusive license
subject to the following to use its accompanying computer software
product known as the Fractal Viewer Plug-in for Netscape Navigator
(the "Software") for individual use only on a Personal
Computer described below.  You may place the Software on networks
and online systems exclusively for the purpose of allowing
downloading and copying of the Software for archival, distribution
and installation purposes (but not for purposes of execution by
the network or online system) provided any such copy must contain
all of the original Software and  text files including this License
Agreement and any proprietary, license and copyright notices on
the original.  This License Agreement only applies to the Software
described above and does not grant any rights to any other Iterated
software, even if related to the Software, including any software
that encodes or compresses images in any way.

You may use the Software only on a single user Personal Computer
that: (a) has one Intel 386, 486 or Pentium processor, Motorola
68030 or 68040 processor or IBM PowerPC processor; (b) operates
only the Microsoft DOS and Windows operating system or the Macintosh
operating system; (c) contains at least 4 megabytes of random access
memory; (d) contains 80 megabytes of internal hard disk storage;
(e) contains a keyboard (not an  infrared remote) and monitor (not
a television set); (f) is able to produce printed output on a local
printer; and (g) does not act as a server on any network (including
a local area network, wide area network or Internet) or otherwise
allow operation of the Software from a remote or separate computer
or terminal ("Personal Computer").  For the  avoidance of
doubt, and without limitation of the foregoing, "Personal
Computer" does not include game players, television set-top
boxes or so-called "Internet Appliances".

You may not permit other individuals to use, operate or copy the
Software (except as permitted above).  You may not use or allow the
use of the Software on any computer or other device that is not a
Personal Computer (as defined above).  You may not modify, translate,
reverse engineer, decompile, disassemble, (except to the extent
applicable laws prohibit such restriction), or create derivative
works based on the Software, copy the Software (except as specified
above), rent, lease, transfer, license or otherwise transfer rights
to the Software, or remove any proprietary notices, licenses,
displays, installation procedures or labels on or in the Software,
whether set forth in text files or on media.

DISCLAIMER OF WARRANTY: THE SOFTWARE IS LICENSED ON AN AS-IS BASIS,
WITHOUT WARRANTY OR CONDITION OF ANY KIND AND ITERATED DISCLAIMS
ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE
IMPLIED 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 Iterated assume the entire
cost of any service and repair.  This  Disclaimer of Warranty
constitutes an essential part of the License Agreement.  SOME
STATES 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 FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL ITERATED OR
ITS SUPPLIERS, LICENSORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF GOODWILL, WORK  STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS
OF DATA, OR ANY AND ALL  OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO
EVENT WILL ITERATED BE LIABLE  FOR ANY DAMAGES IN EXCESS OF
ITERATED'S LIST PRICE LICENSEE FEE FOR THE  SOFTWARE, IF ANY, EVEN
IF ITERATED SHALL HAVE BEEN INFORMED OF THE  POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  SOME  STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO  YOU.

TITLE: Title, ownership rights, and intellectual property rights in
and to the Software shall remain in Iterated and/or its licensors or
suppliers. The Software is protected by copyright laws of the United
States and international copyright treaties.  You are permitted to
use only one copy of the Software, even if you receive multiple
copies, whether via download or on magnetic media.  Title, ownership
rights, and  intellectual property rights in and to the content
accessed through the Software is the property of the applicable
content owner, and may be protected by copyright or other applicable
law.  This License gives you  no rights to such content.

TERMINATION: This License will terminate automatically if you fail to
comply with the limitations described above.  On termination, you
must destroy all copies of the Software and documentation.

MISCELLANEOUS: This Agreement represents the complete agreement
concerning this license between the parties and supersedes all prior
agreements and representations  between the parties.  This Agreement
may be amended only by a 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 CONTAINED IN YOUR PURCHASE ORDER.  If any provision
of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it
enforceable.  This Agreement shall be governed by and construed under
Georgia substantive law as such applies to agreements between Georgia
residents entered into and performed within Georgia, except as
governed by United States Federal law.  You consent to the
jurisdiction of the state and federal courts in the State of Georgia,
U.S.A. The application of the United  Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation are
provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by
or  for the U.S. Government is subject to restrictions set forth in
DFARS  252.227-7013 (c)(1)(ii), FAR 52.227-19, and Clause
18-52.227-86(d) of  NASA Supplement to the FAR, as applicable.
Contractor/manufacturer is  Iterated Systems, Inc., 3525
Piedmont Road, Seven Piedmont Center, Suite  600,
Atlanta, Georgia, U.S.A. 30305-1530.