THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT COMPLETE THE INSTALLATION PROCESS. PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT, FOR A FULL REFUND.
1. Definitions
(a) "Not For Resale (NFR) Version" means a version of the Synthetik Product, so identified, to be used for review and evaluation purposes, only.
(b) "Synthetik" means Synthetik Software, Inc. and its licensors, if any.
(c) "Software" means the programs supplied by Synthetik herewith, and any and all updates thereto.
2. License
This Agreement allows you to:
(a) Install and use the Software on a single computer and make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
(b) Install the Software on a storage device, such as a network server, and run the Software on an internal network, provided the number of concurrent users does not exceed the number of copies of the Software purchased. A copy of the Software must be purchased for each such user.
(c) If you have purchased a license to make multiple installations of the Software, you may concurrently use the number of copies of the Software authorized by that purchase.
3. License Restrictions
Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not rent, lease or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
4. Upgrades
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier end-user license and that you will not continue to use the earlier version of the Software nor transfer it to another.
5. Ownership
The foregoing license gives you limited rights to use the Software. Although you own the media on which the Software is recorded, you do not become the owner of, and Synthetik retains title to, the Software, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Synthetik.
6. Limited Warranty on Media (if applicable).
Synthetik warrents the media on which the Synthetik 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 delivery (as evidenced by a copy of your receipt). Your exclusive remedy under this paragraph shall be, at Synthetik's option, a refund of the purchase price or replacement of the Synthetik Software which is returned to Synthetik with a copy of the receipt. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, SYNTHETIK DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice given by Synthetik, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
(b) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
7. Disclaimer of Warranty on Synthetik Software
You expressly acknowledge and agree that use of the Synthetik Software is at your sole risk. The Synthetik Software is provided "AS IS" and without warranty of any kind and Synthetik and Synthetik's licensor(s) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SYNTHETIK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SYNTHETIK SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SYNTHETIK SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SYNTHETIK SOFTWARE WILL BE CORRECTED. FURTHERMORE, SYNTHETIK DOES NOT WARRENT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE USE OF THE SYNTHETIK SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SYNTHETIK OR A SYNTHETIK AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SYNTHETIK SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SYNTHETIK OR A SYNTHETIK AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
8. Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SYNTHETIK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED 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 Synthetik's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
9. Basis of Bargain
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between Synthetik and you. Synthetik would not be able to provide the Software on an economic basis without such limitations.
10. (USA only) Government End Users RESTRICTED RIGHTS LEGEND
This software is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Synthetik Software, Inc., 30 Sheridan, San Francisco, CA 94103.
11. (Outside of the USA only) Consumer End Users
The limitations or exclusions of warranties and liability contained in this agreement do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.
12. General
This Agreement shall be governed by the internal laws of the State of California, USA. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: Synthetik Software, Inc., 30 Sheridan, San Francisco, CA 94103 USA.
Synthetik and Studio Artist are trademarks of Synthetik Software, Inc.
