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- Licensing
-
- END-USER LICENSE AGREEMENT FOR T-RackS« SOFTWARE
-
- Please read this document carefully before bracking the seal on the media package.
- This agreement licenceses the enclosed software to you and contains warranty and
- liability disclaimers.
-
- By breaking the seal on the media envelope, you are confirming to have taken notice of
- clauses of this agreement and you acknowledge your acceptance of the software as well
- as your acceptance of the terms of this agreement. If you do not wish to do so, do not
- break the seal. Instead, promptly return the entire package, including the unopened media
- package, to the dealer from whom you have obtained it, for a full refund.
-
- 1) DEFINITIONS
- "EULA means this end user license agreement"
-
- " T-RackS« software" means the software program included in the enclosed package, and
- all related updates supplied by IK Multimedia Production srl - Italy .
-
- "IK Multimedia Product" means the T-RackS« software and the related documentation
- and models and multimedia content (such as animation, sound and graphics) and all
- related updates supplied by IK Multimedia Production srl - Italy.
-
- "Not for resale (NFR) Version" means a version of IK Multimedia Product", so identified,
- intended for review and evaluation purposes, only.
-
- 2) LICENSE
- The "IK Multimedia Product" is protected by copyright laws and international copyright
- treaties, as well as other intellectual property laws and treaties. The "IK Multimedia
- Product" is licensed, not sold.
- This EULA grants you the rights as specified here below, All other actions means of usage
- are reserved to the written permission of the right holder IK Multimedia Production srl:
-
- Applications Software. The "IK Multimedia Product" may be used only by you. You may
- install and use one copy of the "IK Multimedia Product", or any prior version thereof for the
- same operating system, on a single computer.
-
- Storage/Network use. You may also store or install a copy of the "IK Multimedia Product"
- on a storage device, such as a network server, used only to install or run the "IK
- Multimedia Product" on your other computers over an internal network; however, you must
- acquire and dedicate a distinct license for each user of the "IK Multimedia Product" from
- the storage device. Any given license for the "IK Multimedia Product" may not be shared or
- used concurrently or otherwise on different computers or by different developers in a given
- organization.
-
- 3) AUTHORIZATION CODE
- The "IK Multimedia Product" only functions when you are in the possession of an
- authorization code. You will receive an authorization code upon completing the
- authorization code request procedure. Once your authorization code is activated, you may
- use the product.
-
- You agree to follow the authorization code request procedure and will provide true,
- accurate and complete information about yourself. If you provide any information that is
- untrue, inaccurate, not correct or incomplete, or IK Multimedia has reasonable grounds to
- suspect that such information is untrue, inaccurate, not correct or incomplete, IK
- Multimedia has the right to suspend or to revoke the license.
- The termination of the license shall be without prejudice to any rights, whatsoever, of IK
- Multimedia.
-
- 4) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- Limitations on Reverse Engineering, Decompilation, and Disassembly.
- You may not reverse engineer, decompile, or disassemble the "IK Multimedia Product",
- except and only to the extent that such activity is expressly permitted by applicable law
- notwithstanding this limitation of components. The "IK Multimedia Product" is licensed as a
- single product. Its component parts may not be separated for use on more than one
- computer.
-
- Not for Resale Version. If the "IK Multimedia Product" is labeled "Not for Resale" or
- "NFR" or "Evaluation Copy", then, notwithstanding other sections of this EULA, you may
- not sell, or otherwise transfer the "IK Multimedia Product";
-
- Rental. You u may not rent, lease, or lend the "IK Multimedia Product" to any party.
-
- Software Transfer. You are not allowed to transfer, license or sublicence your rights as
- Licensee of the T-RackS« software or any IK Multimedia product, as licensed to you
- under this agreement. The carrier on which the IK Multimedia product has been distributed
- cannot be transferred or otherwise made available to any third party.
-
-
- 5) UPGRADES
- If the "IK Multimedia Product" is labeled or otherwise identified by IK Multimedia
- Production srl as an "upgrade", you must be properly licensed to use a product identified
- by IK Multimedia Production srl as being eligible for the upgrade
-
- in order to use the "IK Multimedia Product". An "IK Multimedia Product" labeled or
- otherwise identified by IK Multimedia Production srl as an upgrade replaces and/or
- supplements the product that formed the basis for your eligibility for such upgrade. You
- may use the resulting upgraded product only in accordance with the terms of this EULA. If
- the "IK Multimedia Product" is an upgrade of a component of a package of software
- programs that you licensed as a single product, the "IK Multimedia Product" may be used
- and transferred only as part of that single product package and may not be separated for
- use on more than one computer.
-
- 6) DUAL-MEDIA SOFTWARE.
- You may receive the "IK Multimedia Product" in more than one medium. Regardless of the
- type or size of the medium you receive, you may use only that one medium that is
- appropriate for your single computer. You may not use or install the other medium on
- another computer, including but not limited to portable under the exclusive control of the
- registered developer. You may not loan, rent, lease, or otherwise transfer the other
- medium to another user, except as part of the permanent transfer (as provided above) of
- the "IK Multimedia Product"
-
- 7) LIMITED WARRANTY
- IK Multimedia Production srl warrants to the original purchaser of the computer software
- product, for a period of ninety (90) days following the date of original purchase, that under
- normal use, the software program and the user documentation are free from defects that
- will materially interfere with the operation of the program as described in the enclosed user
- documentation.
-
- 8) WARRANTY CLAIMS
- To make a warranty claim under the above limited warranty, please return the product to
- the point of purchase, accompanied by proof of purchase, your name, your return address
- and a statement of the defect, or send the CD to us at the below address within ninety (90)
- days of purchase. Include a copy of the dated purchase receipt, your name, your return
- address and a statement of the defect. IK Multimedia Production srl or its authorized
- dealer will, will use reasonable commercial efforts to repair or replace the product and
- return it to you (postage prepaid) or issue to you a credit equal to the purchase price, at its
- option.
-
- 9) LIMITATIONS ON WARRANTY
- IK Multimedia Production srl warrants only that the program will perform as described in
- the user documentation. No other advertising, description or representation, whether made
- by a IK Multimedia Production srl dealer, distributor, agent or employee, shall be binding
- upon IK Multimedia Production srl or shall
- change the terms of this warranty.
-
- EXCEPT AS STATED ABOVE, IK MULTIMEDIA PRODUCTION SRL MAKES NO OTHER
- WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS PRODUCT. IK MULTIMEDIA
- PRODUCTION SRL DISCLAIMS ANY WARRANTY THAT THE SOFTWARE IS FIT FOR
- A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY
- SHALL BE LIMITED TO A NINETY (90) DAY DURATION OF THIS LIMITED EXPRESS
- WARRANTY AND IS OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED. IK
- MULTIMEDIA PRODUCTION SRL SHALL NOT BE LIABLE FOR SPECIAL,
- INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF IK MULTIMEDIA IS
- ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS
- THAT IK MULTIMEDIA PRODUCTION SRL SHALL NOT BE RESPONSABLE OR LIABLE
- FOR THE LOST OF PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS AS A
- RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY
- OTHER CAUSE EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT
- SHALL IK MULTIMEDIA PRODUCTION SRL LIABILITY EXCEED THE PURCHASE
- PRICE OF THIS PRODUCT.
-
- GENERAL
- This Agreement shall be governed by the internal laws of Italy. This Agreement contains
- the complete agreement between the parties with respect to the subject matter hereof, and
- supersedes all prior or contemporaneus agreements or understandings, whether oral or
- written. All questions concerning this Agreement shall be directed to:
-
- IK Multimedia Production srl - Via dell'Industria 46 - 41100 Modena - Italy
-
- T-RackS« is a registered trademark property of
- IK Multimedia Production srl - Italy
- tel +39-059-285496
- fax +39-059-2861671
-
- e-mail ikm@ikmultimedia.com
- ⌐ 1998-2000 IK Multimedia Production srl. All rights reserved.