Avid Desktop Software, Inc. (“Avid”, “Licenser”) grants you, the end user (“Licensee”), as the party taking a license, the right to use the Avid VideoShop software (“the Software”) on a single computer unit at a single location. You must obtain a supplementary license from Avid before using the Software in connection with systems or multiple central processing units. Please contact Avid at the address indicated in this license for further information.
Limited Warranty and Disclaimer of Liability
Avid warrants that the Avid VideoShop documentation (“the Documentation”) and the media on which the Software is furnished will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of the original purchase. If a defect appears during the warranty period, return the diskette or Documentation pages to the place you obtained them, with a photocopy of your original diskette label and your receipt, and you will receive a free replacement, or at Avid’s option, a refund of your purchase price. EXCEPT AS TO THE MEDIA, THE SOFTWARE IS LICENSED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
IN NO EVENT SHALL AVID BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OR LOST DATA OR PROFITS TO YOU OR ANY OTHER PERSON OR ENTITY REGARDLESS OF THE LEGAL THEORY, EVEN IF AVID TECHNOLOGY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. LICENSER’S LIABILITY TO YOU OR ANY RELATED THIRD PARTY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT THAT YOU PAID AVID TECHNOLOGY, INC. FOR THE SOFTWARE.
Title
This License is not a sale of the Software or any copy. Avid retains title and ownership of the Software and all copies, regardless of the form or media on or in which the original or any copy may exist.
Update Policy
In order to be able to obtain updates of the Software, you must complete and return to Avid the enclosed Registration Card. However, Avid is under no obligation to make any updates available to you. Avid will make reasonable efforts to notify registered users about future updates and the procedures to obtain such updates. All updates provided to you shall be deemed part of the Software and the use of such updates shall be governed by this License.
Restrictions on Copying
You are hereby licensed to make one copy of the VideoShop software in machine-readable form solely for backup purposes provided that you include the Avid copyright notice on the backup copy. You may not copy, nor encourage or allow copying of, the Software or Documentation.
Restrictions on Transfers
You may transfer the Avid VideoShop Software into the memory of a single computer, but you may not electronically transfer the Software from one computer to another. You may not modify, reverse engineer, decompile, create other works from, or disassemble the Software. You may not copy, modify, adapt or create other works based upon the Documentation. You may not transfer, convert, rent, sub-license, or otherwise distribute the Software or Documentation, or any rights in them, to any person or entity.
Term
This License is effective until terminated. You may terminate the License at any time by returning the Software and all Documentation to Avid and by removing the Software from the memory of any computer into which the Software has been transferred. This License shall terminate automatically if you fail to comply with any term or condition. Upon termination, you must return to Licenser, at your own expense, the Software and Documentation and any copies whether or not the copy was authorized hereunder.
Government End Users
For the Department of Defense: Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. The Contractor/Manufacturer is:
Avid Desktop Software, Inc.
Metropolitan Technology Park,
One Park West, Tewksbury, MA 01876
For Civilian Agencies of the United States Government: Use, reproduction or disclosure is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at 52.227-19 and the limitations set forth in Avid’s standard commercial License agreement for the Software. This Software was developed at private expense, is existing computing software and no part of it was developed with government funds, and is a trade secret of Avid. The Software if proprietary data, all rights of which are reserved under the copyright laws of the United States.
If this Software was acquired under a GSA Schedule: Use, duplication or disclosure shall be in accordance with the applicable GSA Schedule contract. The Government has agreed to refrain from changing or removing any insignia or lettering from the Software or the Documentation that is provided and from producing copies of manuals or media (except for backup purposes and in accordance with the terms of this License.)
General
You must fill out and return the Registration Card to be eligible for customer support and service. Should you have any questions concerning this License Agreement, please write to:
Avid Desktop Software, Inc.
Corporate Counsel
Metropolitan Technology Park,
One Park West, Tewksbury, MA 01876
Choice of Law
This Agreement will be governed by the laws in force in the Commonwealth of Massachusetts excluding the application of its conflicts of law rules.
Apple Disclaimer and Warranty Regarding HyperCard, Installer, System
AVID’S LICENSER, APPLE COMPUTER, INC. (“APPLE”), MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. APPLE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL APPLE, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, COLLECTIVELY APPLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. APPLE’S LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO $50.
Avid management welcomes your comments and suggestions on any materials that we have furnished. Your input will help us improve the quality of future documentation and products. Please do contact us if you find any errors or have suggestions on how we might improve our products or services to you in the future. We value our customers and we are therefore committed to be with you in the long run to meet your needs. Please send any communications regarding Avid VideoShop or Documentation to our address Attention: Avid VideoShop Product Manager. Thank you.
