End user agreement for Image Master 2000
END USER LICENSE AGREEMENT
IMAGE MASTER 2000
Software License for Image Master 2000
IMPORTANT -- READ CAREFULLY: This License Agreement for Image Master 2000
is a legal agreement between you (either an individual or an entity) and Accidental Software.
By certifying compliance, installing, copying, playing or otherwise using the software, you agree
to be bound by the terms of this License Agreement. If you do not agree to the terms of this
License Agreement, do not install the software.
EXCEPT AS SPECIFICALLY PROVIDED BELOW, THE TERMS OF THIS LICENSE AGREEMENT APPLY
TO ALL VERSIONS OF THE SOFTWARE, INCLUDING VERSIONS DOWNLOADED OR ACQUIRED
WITHOUT CHARGE ("SHAREWARE"), FULL VERSIONS FOR WHICH A FEE IS CHARGED, AND ANY
LICENSE KEYS IF APPLICABLE.
THE SHAREWARE VERSION OF THIS SOFTWARE MAY CONTAIN USE, FEATURE OR TIME
LIMITATIONS. IN ORDER TO REMOVE SUCH LIMITATIONS, YOU MAY PURCHASE THE FULL
VERSION OF THE SOFTWARE BY REGISTERING. The shareware version of this software may
be freely distributed and used by any person, but may not be sold without prior permission
from Accidental Software.
1. GRANT OF LICENSE. Accidental Software hereby grants to you a non-exclusive license to
use the Software and Documentation, provided you may: (i) use the registered version of this
software on any single computer; (ii) use the registered version of this game on a second computer
so long as the first and second computers are not used simultaneously; (iii) copy the software for
back-up, archival purposes provided any copy must contain all of the original software's proprietary
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use this Software except under the terms listed
above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent
that this restriction is expressly prohibited by law) or create derivative works based upon the
Software or Documentation; (iii) copy the Software or Documentation (except for back-up or
archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the software
or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation.
b) You agree that you shall only use the Software and Documentation in a manner that complies
with all applicable laws in the jurisdiction in which you use the Game and Documentation, including,
but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) The Software is for private use only. You may not use or display this Game for any commercial
d) You may distribute only the Shareware version of this Software to third parties. You may not
distribute any other version of this Software, or any applicable license keys, to any third party.
3. COPIES OF SOFTWARE AND ENHANCEMENTS. If you receive the first copy of the Software
electronically and a second copy on physical media (e.g., CD, diskette, etc.), the second copy
may be used for archival purposes only and may not be transferred to or used by any other
person. This license does not grant you any right to any enhancement or update.
4. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software and
Documentation shall remain in Accidental Software and/or its suppliers. The Software is
protected by the copyright laws of the United States and international copyright treaties.
Title, ownership rights and intellectual property rights in and to the content accessed through
the Software including any content contained in the Software media demonstration files shall
be retained by the applicable content owner and may be protected by applicable copyright or
other law. This license gives you no rights to such content.
5. DISCLAIMER OF WARRANTY: THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ACCIDENTAL SOFTWARE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE
OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCIDENTAL SOFTWARE OR ITS
SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE,
OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY
TO USE THE SOFTWARE, EVEN IF ACCIDENTAL SOFTWARE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ACCIDENTAL SOFTWARE'S SOLE AND EXCLUSIVE LIABILITY
TO YOU FOR ACTUAL DIRECT DAMAGES IS LIMITED TO THE FEES YOU PAID FOR THIS SOFTWARE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
6. TERMINATION: This License Agreement shall terminate automatically if you fail to comply with
the limitations described in this license. No notice shall be required from Accidental Software to
effectuate such termination. Upon termination, you must destroy all copies of the Software and
7. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS: U.S. GOVERNMENT
RESTRICTED RIGHTS: This Software and Documentation may be provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth
in sub paragraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at
FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA
FAR supplement, as applicable. Manufacturer is Accidental Software, 13245 Skiomah Rd,
Apple Valley, CA 92308. You are responsible for complying with all trade regulations and
laws both foreign and domestic. You acknowledge that none of the Game or underlying
information or technology may be downloaded or otherwise exported or re-exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or
any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or
Entity List. By using the Software you are agreeing to the foregoing and are representing and
warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges,
(ii) you are not located in or under the control of a national or resident of any such country or on
any such list, and (iii) you will not export or re-export the Game to any prohibited county, or to
any prohibited person, entity, or end-user as specified by U.S. export controls.
8. MISCELLANEOUS. This License Agreement shall constitute the complete and exclusive agreement
between us. The terms and conditions contained in this License Agreement may not be modified
except in a writing duly signed by you and an authorized representative of Accidental Software.
If any provision of this License Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable, and such decision shall not
affect the enforce ability of such provision under other circumstances, or of the remaining provisions
hereof under all circumstances. This License Agreement shall be governed by the laws of the State
of Washington, without regard to conflicts of law provisions, and you hereby consent to the exclusive
jurisdiction of the state and federal courts sitting in the State of California. Any and all unresolved
disputes arising under this License Agreement shall be submitted to arbitration in the State of
California; except that, to the extent that you have breached or have indicated your intention to
breach this License Agreement in any manner which may cause continuing or irreparable harm
to Accidental Software (including, but not limited to, any breach that may impact Accidental
Software's intellectual property rights, or a breach by reverse engineering), Accidental Software
may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
Any arbitration of a dispute under this Agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction. This License Agreement
will not be governed by the United Nations Convention of Contracts for the International Sale of
Goods, the application of which is hereby expressly excluded.
Copyright (c) 2002 Accidental Software and/or its suppliers. 13245 Skiomah Rd, Apple Valley, Ca.
U.S.A. All rights reserved. All trademarks are the property of their respective owners.