End user agreement for StopMotion Station
Copyright (C) 2001 - 2003 Andrew Jaremko.
All Rights Reserved
READ CAREFULLY THE FOLLOWING TERMS & CONDITIONS: Use of this software product (the
"Software") constitutes your acceptance of these terms and conditions and your agreement
to abide by them. "Software" includes all updates, tutorials, training or instructional
programs provided by ANDREW JAREMKO (the "Author") with respect thereto.
This is a legal agreement (the "Agreement") between you, the end user, and the Author.
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS
OF THIS AGREEMENT, then do not use, copy, transmit, distribute, or install the Software.
1. LICENSE. You, the original user, are granted a nonexclusive license to use the
Software under the terms stated in this Agreement. This license allows you to evaluate
the Software for a period of thirty (30) days without charge on as many computers as you
wish. Use of the Software after the 30 day period requires payment of the registration
fee. Unregistered use of the Software after the evaluation period is in violation of
Canadian and international copyright laws.
2. USE. One registered copy of the Software may either be used by a single person who
uses the Software personally and nonsimultaneously on one or more computers, or installed
on a single workstation used nonsimultaneously by multiple people, but not both. You may
access the registered version of the Software through a network, provided that you have
obtained individual licenses for the software covering all workstations that will access
the registered Software through the network. For instance, if 8 different workstations
will access the registered Software on the network, each workstation must have its own
license for the Software, regardless of whether they use the Software at different times
3. COPYRIGHT. All title and proprietary rights, including trade secrets, in the Software
and any copies thereof and the accompanying written materials, are owned by the Author
and are protected by Canadian copyright laws, other applicable copyright laws and
international treaty provisions. The Author retains all rights with respect to the
Software not expressly granted herein.
4. RESTRICTIONS. You may not use, copy, alter, merge, adapt, modify, rent, lease or
sublicense the Software or the accompanying written materials, or any copy thereof, in
whole or in part, except as expressly provided in this Agreement or under applicable
statutes. You may not reverse-engineer, decompile or disassemble the Software. You may
not modify, or create derivative works based upon, the Software in whole or in part. You
may not copy the Software, or any portion thereof, except as specifically permitted by
the terms of this Agreement. However, the foregoing restrictions are limited so that
they prohibit such activities only to the maximum extent such activities may be prohibited
without violating applicable law. The Software is licensed as a single product. Its
component parts may not be separated for use on more than one computer.
5. TERM. The license is effective until terminated. Without prejudice to any other
rights, the Author may terminate this license automatically if you fail to comply with
any of the terms of this Agreement. Upon any termination of this Agreement, you agree
to either return the Software to the Author or destroy all copies of the Software,
including without limitation, any associated written materials.
6. LIMITED WARRANTY AND DISCLAIMER. The Author warrants that the media on which the
Software is furnished is free from defects in materials or workmanship under normal use
for a period of thirty (30) days from the date of receipt by you; PROVIDED HOWEVER, THAT
THIS LIMITED WARRANTY IS VOID FOR DEFECTS RESULTING FROM ACCIDENT, ABUSE, OR MISAPPLICATION. EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ANY ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE AUTHOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR THE WRITTEN MATERIALS OR THAT THEY ARE ERROR FREE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE, AND FROM COUNTRY TO COUNTRY. SOME PROVINCES, COUNTRIES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. To the extent allowed by applicable law, implied warranties on the Software, if any, are also limited to thirty (30) days.
7. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY APPLICABLE LAW,
THE AUTHOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR PECUNIARY LOSS ARISING
OUT OF THE USE OF THE SOFTWARE, INABILITY TO USE THE SOFTWARE, OR ANY OTHER MATTER OR
CIRCUMSTANCE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR
(A) LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY,
(B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFITS OR BUSINESS INTERRUPTION, OR
(C) ANY OTHER MATTER. AS SOME STATES, COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY THOSE LAWS.
8. INTERPRETATION. If one or more provisions of this Agreement are held to be illegal
or unenforceable under applicable law, such illegal or unenforceable portion(s) shall be
limited or excluded from this Agreement to the minimum extent required so that this
Agreement shall otherwise remain in full force and effect and enforceable in accordance
with its terms.
9. GENERAL. This Agreement shall be governed by and construed under the laws of the
Province of Alberta and Canada. You agree that this Agreement is the complete and
exclusive statement of the mutual understanding between us and supersedes and cancels
all previous written and oral agreements and communications relating to the subject
matter of this Agreement. If any provision of this Agreement is found void, invalid or
unenforceable, it will not affect the validity of the balance of this Agreement, which
shall remain valid and enforceable according to its terms.
BY INSTALLING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT
AND AGREE TO BE BOUND BY ITS TERMS.