End user agreement for Cute Album Ultimate Edition
SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND IMATRONICS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
(a) "Education Version" means a version of the Software, so identified, for use by students and faculty of educational institutions, only. Education Versions may not be used for, or distributed to any party for, any commercial purpose.
(b) "IMATRONICS" means IMATRONICS, and its suppliers and licensors, if any.
(c) "Not For Resale (NFR) Version" means a version of the Software, so identified, to be used to review and evaluate the Software, only.
(d) "Software" means the IMATRONICS CUTE ALBUM software program supplied by IMATRONICS herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation. The term "Software" also includes any other IMATRONICS tools, components and technologies supplied by IMATRONICS herewith in conjunction with the IMATRONICS CUTE ALBUM software program.
This EULA allows you to:
(a) Install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. A license for the Software may not be shared or used concurrently on different computers.
(b) Education Version Only. If you have purchased a license for the Education Version of the Software, then you may install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for a total number of concurrent users not to exceed the number of user licenses you have been granted and provided the Software is installed and run from the computer. You agree to implement reasonable controls to ensure that your use of the Software does not exceed the number of licenses you have been granted. You agree that IMATRONICS may audit your use of the Software for compliance with the EULA at any time, upon reasonable notice.
(c) Make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the Software.
(d) You may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and the serial numbers), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software. You may not sell or transfer any Software purchased under a volume discount.
(e) You may not modify the Software or create derivative works based upon the Software.
(f) You may not export the Software into any country prohibited by the laws of the country in which you reside.
(g) In the event that you fail to comply with this EULA, IMATRONICS may terminate the license and you must destroy all copies of the Software.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.
The foregoing license gives you limited license to use the Software. IMATRONICS and its suppliers retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including National and International Copyrights, are reserved by IMATRONICS and its suppliers.
6. LIMITED WARRANTY AND DISCLAIMER
(a) LIMITED WARRANTY. IMATRONICS warrants that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
(b) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, IMATRONICS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IMATRONICS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
7. Exclusive Remedy
Your exclusive remedy under Section 6 is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. IMATRONICS will use reasonable commercial efforts to provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. IMATRONICS shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration.
8. LIMITATION OF LIABILITY
(a) NEITHER IMATRONICS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF IMATRONICS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) IMATRONICS'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
9. Basis of Bargain
The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between IMATRONICS and you. IMATRONICS would not be able to provide the Software on an economic basis without such limitations.
10. General Provisions
IMATRONICS is a global entity. This EULA shall be governed by the laws of the country (or other entity) designated by the branch of IMATRONICS (or other entity) that owns this Software, without giving effect to principles of conflict of laws. This EULA 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.
11. Third-Party Software
All trademarks not owned by IMATRONICS are trademarks of their respective owners. In particular:
(a) Microsoft, Windows, Windows NT, and the Microsoft Internet Explorer logo are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
(b) Netscape and Netscape Navigator are registered trademarks of Netscape Communications Corporation in the United States and other countries. Netscape's logos and Netscape product and service names are also trademarks of Netscape Communications Corporation, which may be registered in other countries.
IMATRONICS CUTE SKIN, IMATRONICS CUTE SKIN EDITOR, IMATRONICS CUTE ALBUM, IMATRONICS PANORAMA VIDEO EXPRESS, IMATRONICS PANORAMA EXPRESS, IMATRONICS MEDIA EXPRESS, iMEDIA CONNECT, VIRTUAL TOUR EXPRESS, IMATRONICS INTERACTIVE VIDEO, OMNIVIEWER, OMNILENS, MAPPER, PREVIEWER are trademarks or registered trademarks of IMATRONICS. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.