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License.txt
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1998-03-10
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10KB
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170 lines
MYFLIX(TM) END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
This Agreement has three parts. Part I applies if you have not purchased a license
to the accompanying software (the "Software"). Part II applies if you have
purchased a license to use the Software. Part III applies to all license grants.
If you initially acquired a copy of the Software without purchasing a license
and you wish to purchase a license, contact MediaWare Solutions Pty Ltd on the
Internet at http://www.mediaware.com.au.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
(LIMITED TO EVALUATION USE)
GRANT. MediaWare Solutions grants you a non-exclusive license to use the
Software free of charge if your use of the Software is for the purpose of
evaluating whether to purchase an ongoing license to the Software. The
evaluation period for use by or on behalf of a commercial entity is limited to
a period at the discretion of MediaWare Solutions Pty Ltd. If you are using the
Software free of charge, you are not entitled to hard-copy documentation,
support or telephone assistance. If your use fits within the description above, you
may use the Software in the manner described in Part III below under "Scope of
Grant."
DISCLAIMER OF WARRANTY. Free of charge Software is provided on an
"AS IS" basis, without warranty of any kind, including without limitation the
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
MediaWare Solutions Pty Ltd assume the entire cost of any service and
repair. This disclaimer of warranty constitutes an essential part of the
agreement. SOME JURISDICTIONS 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 BY
JURISDICTION.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, MediaWare Solutions
grants to you a non-exclusive license to use the Software and accompanying
documentation ("Documentation") and MPEG video data in the manner described in
Part III below under "Scope of Grant."
LIMITED WARRANTY: MediaWare Solutions warrants that the media on which the
Software is furnished will be free of defects in materials and workmanship under
normal use for a period of ninety (90) days from the date of purchase, as evidenced
by a copy of the receipt. Otherwise, the Software is provided "AS IS," without a
warranty of any kind. This warranty extends to you only if you are the original
Licensee. Your exclusive remedy, and MediaWare Solutions's sole liability under
this warranty, will be the correction of defects in media or replacement of the media,
or, if correction or replacement is not reasonably achievable by MediaWare Solutions,
the refund you of the license fee you paid, upon return of the Software. Such a
refund by the MediaWare Solutions will cause immediate termination of this Agreement.
If the media is subjected to accident, abuse, or improper use; or if you violate the terms
of this Agreement, then this warranty shall be terminated immediately.
MEDIAWARE SOLUTIONS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ANY ASPECT OF ANY
THE LICENSED SOFTWARE OR RELATED SERVICE, INCLUDING WITHOUT
LIMITATION ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY,
FITNESS FOR ANY PARTICULAR PURPOSE, OR QUALITY OR THAT THE USE
OF THE LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT
OR TRADEMARK. MEDIAWARE SOLUTIONS AND ITS SUPPLIERS WILL NOT BE
HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY YOU OR THIRD
PARTY ON ACCOUNT OF, OR ARISING FROM, THE USE OF THE LICENSED
SOFTWARE. MEDIAWARE SOLUTIONS AND ITS SUPPLIERS DO NOT WARRANT
THAT ANY THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR
THAT ITS OPERATION OR USE WILL BE ERROR-FREE. NO DEALER, AGENT, OR
EMPLOYEE OF MEDIAWARE SOLUTIONS IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
You agree not to attempt to modify, reverse engineer, reverse compile or disassemble
any portion of the Software. If any modifications are made to the Software by you
during the warranty period; if the media is subjected to accident, abuse, or improper use;
or if you violate the terms of this Agreement, then this warranty shall immediately be
terminated. This warranty shall not apply if the Software is used on or in conjunction
with hardware or software other than the unmodified version of hardware and software
with which the software was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT. You may:
- use the Software on any single computer;
- use the Software on a network, as long as the number of active sessions
are no greater than the number of licenses purchased; or
- copy the Software for archival purposes, provided any copy must contain
all of the original Software's proprietary notices.
You may not:
- permit other individuals to use the Software except under the terms listed
above;
- permit concurrent use of the Software when the total number of concurrent
Software users is greater than the number of license purchased;
- modify, translate, reverse engineer, decompile, disassemble (except to
the extent applicable law specifically prohibit such restriction), or create
derivative works based on the Software;
- copy the Software other than as specified above;
- rent, lease, grant a security interest in, or otherwise transfer rights
to the Software; or
- remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the
Software shall remain in MediaWare Solutions and/or its suppliers. The
Software is protected by the Commonwealth of Australia copyright laws and
treaties. Title and related rights in the content accessed through the
Software is the property of the applicable content owner and may be protected
by applicable law. This License gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to comply
with the limitations described herein. On termination, you must destroy all
copies of the Software and Documentation.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND IN NO EVENT AND UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MEDIAWARE
SOLUTIONS OR ITS SUPPLIERS OR RESELLERS OR MANUFACTURERS OR
SUBCONTRACTORS BE HELD RESPONSIBLE OR LIABLE FOR ANY LOST
REVENUES, LOST PROFITS, LOST DATA, OR OTHER SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGE OR FOR LOSS, DAMAGE OR
EXPENSE DIRECTLY OR INDIRECTLY ARISING OUT OF THE PERFORMANCE
OF THE AGREEMENT OR FROM YOUR OR ANY OTHER PARTY'S USE OF OR
INABILITY TO USE EQUIPMENT, SERVICES OR SOFTWARE EITHER
SEPARATELY OR IN COMBINATION WITH OTHER EQUIPMENT OR
FOR COMMERCIAL LOSS OF ANY KIND, EVEN IF MEDIAWARE SOLUTIONS
OR ITS SUPPLIERS ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF
SUCH DAMAGES, NOR SHALL MEDIAWARE SOLUTIONS OR ITS SUPPLIERS
BE HELD LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY
PAID BY THE LICENSEE TO MEDIAWARE SOLUTIONS UNDER THIS
AGREEMENT. MEDIAWARE SOLUTIONS AND ITS SUPPLIERS SHALL NOT
BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY A THIRD
PARTY ON ACCOUNT OF OR ARISING FROM THE USE OF OR THE INABILITY
TO USE THE SOFTWARE. YOU, THE LICENSEE, ASSUME ALL RISKS AND
LIABILITY FOR LOSS, DAMAGE OR INJURY YOU OR YOUR PROPERTY OR
OTHERS ARISING OUT OF USE OR POSSESSION OF THE EQUIPMENT,
SERVICES AND SOFTWARE PROVIDED HEREUNDER. THIS PARAGRAPH
SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
HIGH RISK ACTIVITIES. 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 ("High Risk Activities").
MediaWare Solutions and its suppliers specifically disclaim any express or
implied warranty of fitness for High Risk Activities.
MISCELLANEOUS. If the copy of the Software you received was accompanied by a
printed or other form of "hard-copy" End User License Agreement whose terms
vary from this Agreement, then the hard-copy End User License Agreement
governs your use of the Software. This Agreement represents the complete
agreement concerning this license and may be amended only by an agreement in
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 IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. This
Agreement shall be governed by Australian law. The application of the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded.
MyFlix
Copyright 1997 MediaWare Solutions Pty Ltd
ACN: 077 094 798
All rights reserved