PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. THIS DOCUMENT IS AN AGREEMENT BETWEEN YOU AND GRAPHICCORP ("GRAPHICCORP"). GRAPHICCORP IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO: GRAPHICCORP,
3348 OVERLAND AVENUE, LOS ANGELES, CA 90034, OR CALL (800) 743-1792, OR FAX (800) 600-0312 AND YOUR MONEY WILL BE PROMPTLY REFUNDED.
1. Ownership and License. This is a license agreement and NOT an agreement for sale. The computer program(s), documentation, data, and any other content provided on the diskettes and/or CD-ROMs contained in this package, including any and all other copies that you are authorized by this agreement to make (the "Software") is the property of GRAPHICCORP. You own the diskette/CD-ROM on which the Software is recorded, but GRAPHICCORP retains title to the Software. Your rights to use the Software are specified in this agreement, and GRAPHICCORP retains all rights not expressly granted to you in this agreement. Nothing herein constitutes a waiver of rights by GRAPHICCORP under U.S. or international copyright law or any other federal or state law.
2. Permitted Uses. You are granted the following rights to the Software:
(a) Right to Install and Use. You may install and use the Software on up to two (2) single-user computers in your possession. The Software is "installed" on a computer when it is placed on a computer's hard disk, CD-ROM, or other secondary storage device. The Software is "in use" on a computer when it is executed or loaded into the computer's RAM or other primary memory. If you wish to use the Software on more than two (2) computers, please contact GRAPHICCORP for information concerning an upgraded license allowing use of the Software with additional computers. Installation on a network server is prohibited.
(b) Right to Copy. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and each copy of the Software are kept in your possession.
3. Prohibited Uses. The following uses of the Software are prohibited. If you wish to use the Software in a manner prohibited below, please contact GRAPHICCORP at the address, phone, or fax numbers listed above for information regarding a "Special Use License". Otherwise, you may NOT:
(a) Use, copy, modify, or alter the Software or documentation, or any portion thereof, except as expressly provided in this agreement;
(b) Use any backup or archival copy of the Software (or allow someone else to use such copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective;
(c) Disassemble, decompile, decode, or reverse translate the Software, or make any attempt to bypass, unlock, or disable any protective or initialization system on the Software;
(d) Rent, lease, sub-license, time-share, or transfer your rights under this agreement;
(e) Upload or transmit the Software, or any portion thereof, to any electronic bulletin board, network, or other type of multi-user computer system regardless of purpose, or place the Software onto a server so that it is accessible via a public network such as the Internet;
(f) Remove or obscure any copyright or trademark notice(s) on the Software or documentation;
(g) Include the Software in any commercial products intended for manufacture, distribution, or sale; or
(h) Include the Software in any product containing immoral, scandalous, controversial, derogatory, obscene, or offensive works.
4. Termination. This license is effective upon the first use, installation, loading or copying of the Program. You may terminate this agreement at any time by destruction and disposal of the Software and all related documentation. This license will terminate automatically if you fail to comply with any material provision of this agreement. Your license to use this Software will also terminate if you assign this agreement to someone else. Upon termination, you must stop all use of the Software and must destroy all copies of the Software and any accompanying documentation that remain in your possession. Otherwise, the restrictions on your rights to use the Software will end upon expiration of the copyright to the Software. All provisions of this agreement as to warranties, limitation of liability, remedies or damages shall survive termination.
5. Miscellaneous. This agreement shall be governed by the laws of the United States of America and the State of California. No change or modification of this agreement will be valid unless it is in writing and signed by GraphicCorp. If any provision, or any portion, of this agreement is found to be unlawful, void, or for any reason unenforceable, it shall be severed from, and shall in no way affect the validity or enforceability of the remaining provisions of, the agreement.
6. Limited Warranty and Disclaimer of Warranty. For a period of ninety (90) days from the date you acquired the Software, GRAPHICCORP warrants that the Software will be free from defects in materials and workmanship under normal use. If the Software fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software to us with a dated proof of purchase. This limited warranty is void if failure of the Software is caused by accident, abuse, or violation of this license agreement. Any replacement Software will be warranted as above for the remainder of the original warranty period, or thirty (30) days from the date we ship it to you, whichever is longer. This limited warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state.
GRAPHICCORP DOES NOT WARRANT THAT THE SOFTWARE OR ITS OPERATIONS OR FUNCTIONS WILL MEET YOUR REQUIREMENTS, NOR THAT THE USE THEREOF WILL BE WITHOUT INTERRUPTION OR ERROR. MOREOVER, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, GRAPHICCORP DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.
TO THE EXTENT ALLOWED BY LAW, AND EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, GRAPHICCORP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF THIS SOFTWARE QUALIFIES AS A "CONSUMER PRODUCT" UNDER THE MAGNUSON-MOSS WARRANTY ACT, ANY IMPLIED WARRANTIES ARE LIMITED TO NINEY (90) DAYS FROM THE DATE YOU ACQUIRED THE SOFTWARE FROM US OR FROM OUR AUTHORIZED DEALER, AND THEREAFTER ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED.
IN NO EVENT SHALL GRAPHICCORP OR ITS EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATE, LOSS OF INCOME OR PROFIT, OR OTHER LOSS SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF GRAPHICCORP OR AN AUTHORIZED REPRESENTATIVE OF GRAPHICCORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIABILITY OF GRAPHICCORP FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ACKNOWLEDGMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND GRAPHICCORP AND SUPERSEDES ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND GRAPHICCORP OR ANY REPRESENTATIVE OF GRAPHICCORP RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
