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- END-USER LICENSE AGREEMENT FOR GrooveMaker« SOFTWARE
-
- Please read this document carefully before breaking the seal on the media
- package. This agreement licences the enclosed software to you and contains
- warranty and liability disclaimers. By breaking the seal on the media envelope,
- you are confirming acknowledgement of clauses of this agreement, 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 obtained it, for a full refund.
-
- 1) DEFINITIONS
- "EULA" means this end user license agreement "GrooveMaker« 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 Groovemaker« software and the related documentation, models and multimedia
- content (such as animation, sound and graphics) and all related updates supplied
- by IK Multimedia Production srl - Italy. "End-user product" means the output
- file generated by you using the Groovemaker« Software. "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 and uses require the written
- permission of the rightful 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 license obtained for the "IK Multimedia
- Product" must not be shared or used concurrently or otherwise on different
- computers or by different developers in a given organization.
-
- 3) 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 labelled "Not for Resale" or "NFR" or "Evaluation Copy", then,
- notwithstanding other sections of this EULA, it must not be sold or otherwise
- transferred ; Rental. The "IK Multimedia Product" must not be rented, leased or
- lent to any party. Software Transfer. You are not allowed to transfer, license
- or sublicense your rights as Licensee of the GrooveMaker 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.
-
- 4) UPGRADES
- If the "IK Multimedia Product" is labelled 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"
- labelled 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 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.
-
- 5) 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 restricted to portable
- computers, 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".
-
- 6) LIMITED WARRANTY
- IK Multimedia Production srl warrants to the original purchaser of the computer
- software product, for a period of ninety (90) days from 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.
-
- 7) 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 use reasonable
- commercial efforts to repair or replace the product and return it to you
- (postage pre-paid) or issue you with a credit equal to the purchase price, as
- its deems fit.
-
- 8) WARRANTY LIMITATIONS
- 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, ACCIDENTAL, 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 RESPONSIBLE OR LIABLE FOR THE LOST OF
- PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS INCURRED 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 Italian law. 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: IK Multimedia Production srl - Via dell'Industria, 46 -
- 41100 Modena - Italy
-
- GrooveMaker« is a registered trademark property of
- IK Multimedia Production
- Via dell'Industria, 46
- 41100 Modena, Italy
- www.ikmultimedia.com
- e-mail ikm@ikmultimedia.com
- tel +39/059/285496
- fax +39/059/2861671
- ⌐ Copyright 1997-2000 IK multimedia Production. All rights reserved.
- Other trademarks mentioned are held by respective owners. Specifications
- subject to change without notice.