End user agreement for SureThing CD Labeler
SOFTWARE LICENSE AND WARRANTY
Read this agreement carefully. If you agree to its terms, press the Accept key to continue with the Setup. If you do not agree to its terms, press Decline to abort the installation.
The software which accompanies this license (the "Software") is the property of MicroVision Development, Inc. ("MicroVision") or its licensors and is protected by copyright law. While MicroVision continues to own the Software, you will have certain rights to use the Software after your acceptance of the license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations are as follows:
SureThing® CD Labeler
Trial Copy License Agreement
By using, copying, transmitting, distributing or installing SureThing CD Labeler, you agree to all of the terms of this License. If you do not agree to any of the terms of this License, then do not use, copy, transmit, distribute, or install SureThing CD Labeler.
This is not free software. Subject to the terms below, you are hereby licensed by MicroVision Development, Inc. ("MVD") to use this software for evaluation purposes without charge for a period of 15 days. If you use this software after the 15 day evaluation period you must purchase the software. Payments must be in US dollars drawn on a US bank, and should be sent to MicroVision Development, Inc., P.O. Box 130023, Carlsbad, CA 92013, USA. See the SureThing CD Labeler web site at http://www.surething.com for information about online ordering and quantity discounts.
This software may, from time to time, access the Internet to obtain information relating to the software or be of interest to its users. Such information may include notices of software updates, new online content or other related matters. During such Internet sessions, information sent will be in the form of a Uniform Resource Locator ("URL") which can identify the version of software being used. No personal user information will be sent in any transmission without prior consent of the user.
Unregistered use of SureThing CD Labeler after the 15-day evaluation period is in violation of U.S. and international copyright laws.
You may, without making any payment to MVD:
a) give exact copies of this trial version of SureThing CD Labeler personally to anyone, except for the purpose of extending their 15 day evaluation period;
b) distribute exact copies of this trial version of SureThing CD Labeler, if done exclusively through electronic channels; and
c) make as many exact copies of this evaluation version of SureThing CD Labeler as you wish, for purposes of distribution as described in (a) and (b) above.
You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from MVD. MVD reserves the right to revoke the above distribution rights at any time, for any or no reason.
This software, and all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. In particular, there is no warranty that the software is or will be free from defects, bugs or viruses. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement. In no event shall MVD, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of SureThing CD Labeler, or your relationship with MVD.
In addition, in no event does MVD authorize you to use SureThing CD Labeler in applications or systems where SureThing CD Labeler's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold MVD harmless from any claims or losses relating to such unauthorized use.
This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the State of California. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in either the counties of San Diego or Los Angeles in the State of California, and you consent to such jurisdiction and venue.
All rights of any kind in SureThing CD Labeler which are not expressly granted in this License are entirely and exclusively reserved to and by MVD. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on SureThing CD Labeler. You may not make access to SureThing CD Labeler available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by MVD herein.
SureThing CD Labeler © 1996-2009 by MicroVision Development, Inc. All rights reserved.
Clip Art Library License Agreement
PLEASE READ CAREFULLY AND PRINT FOR FUTURE REFERENCE!
The clip art library you are using (hereinafter the "Software") is provided to you under license. No sale has occurred. This license agreement defines the ways in which you can use the Software and the graphics it contains.
Please read this agreement as carefully as you would read any other legal document.
Installing or using the Software will indicate your acknowledgement that you have read this agreement and your acceptance of its terms.
1. Copyright. The Software, its documentation and related materials are copyrighted 1995-99 by Nova Development Corporation and its licensors, including ©1996-99 Cliptoart; ©1994-99 GraphicCorp, a Division of Corel Corporation, and Corel Corporation Limited.. Rights of all parties are reserved.
2. License. MicroVision Development, Inc. grants you a nonexclusive license to use the Software and its contents in accordance with the terms of this license.
3. Use of Software. You may use the Software inside the MicroVision product you have purchased only on one computer at a time. MicroVision Development sells site licenses separately, should you desire to use the Software on multiple computer systems.
4. Copying the Software. You may not copy or reproduce any part of the Software or related materials, except as permitted by the Copyright Act of the United States, Title 17, United States Code. You may not copy, lend, lease, rent, decompile, reverse-engineer, disassemble, or alter the Software in any way or remove or alter copyright notices.
5. Use of Images; Distribution. You may modify, publish and distribute the clip art, photographs and other content in print; create presentations which incorporate the images; and use the images in developing pages for the World Wide Web and Intranet systems; all provided you are not marketing any of these works as clip art, photographs or other content. In no case may you distribute any of the files in the Software by any other electronic means, including without limitation distributing the images on disks, CDs, DVDs, or via electronic download.
6. Responsibility; Use of Photos and Logos. Your own good judgment should guide you in the responsible use of the images contained in the Software. You are completely responsible for the results of your use of the images. You may not use the images to create work that would be considered obscene or libelous. Images depicting people may not be used for commercial purposes nor in a manner suggesting endorsement of any product or service. In addition, images depicting people may not be used in any manner which might be deemed pornographic.
In addition, certain images may contain logos or other matter that are the trademarks, service marks or trade names of third parties. They are provided for convenience only to those users of the Software who are authorized by those third parties to reproduce their trademarks in print. Know your rights and always seek direct permission from the work's owner if you intend to use a third party's trademark.
7. U.S. Government Restricted Rights. The Software and accompanying user documentation are licensed to the U.S. Government with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and the Commercial Computer Software clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is MicroVision Development, Inc. 2185 Faraday Ave, Suite 140, Carlsbad, CA 92008.
8. Assignment. If you eventually sell or otherwise legally transfer this Software to another party, that other party must agree to all of the terms of this license, and you may not retain any copies of the Software, manual or related materials. All of your rights under this license will then cease.
9. Term. Your rights hereunder shall continue until the earlier of (a) your transfer of all rights to the Software as provided in Section 8 or (b) your failure to comply with any of the terms and conditions of this license.
10. Limitations. The Software is licensed to you "as is." MicroVision Development hereby disclaims any and all implied warranties, including without limitation warranties of fitness for a particular purpose, merchantability and non-infringement. MicroVision Development 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 product is assumed by you.
NEITHER MICROVISION DEVELOPMENT NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Miscellaneous. This license constitutes the entire agreement between you and MicroVision Development, Inc. and supersedes all prior understandings. Should any of the provisions of this license be found unenforceable by a court of competent jurisdiction, the remaining provisions shall nonetheless remain in full force and effect. This license agreement shall be governed by, and construed in accordance with, the laws of the State of California.