End user agreement for Motion Artist
End User License Agreement and Limited Warranty
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE OPENING ANY COMPUTER READABLE MEDIA PACKAGE(S). BY OPENING ANY COMPUTER READABLE MEDIA PACKAGE(S), YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, RETURN THIS PACKAGE TO THE PLACE WHERE YOU PURCHASED IT WITHIN 30 DAYS FOR A FULL REFUND.
1. Return Policy
You may return this product to where you purchased it for a full refund within 30 days from the date of purchase, unless any computer readable media package is opened.
2. Grant of License
The enclosed computer program (The "Software") is licensed, not sold, to you by e frontier, Inc. ("e frontier") for use only under the terms and conditions of this End User License Agreement, and e frontier reserves any rights not expressly granted to you. You own the compact disk on which the Software is recorded or fixed, but the Software is owned by e frontier or its suppliers and is protected by the copyright laws of Japan, United States and international copyright treaty provisions.
The copyright restrictions of this license agreement extend to any further updates, software patches, or bug fixes made available to you by e frontier, whether distributed on floppy disk, compact disk, or in an electronic format via download, BBS, ftp, e-mail, etc.
This End User License Agreement allows you to use one copy of MotionArtist 3.0 on a single computer at a time. To "use" the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer, or installed on the permanent
memory of a computer (i.e., hard disk, compact disk, etc.).
You may make one copy of the Software in machine readable form solely for backup purposes. The Software is protected by the copyright law of Japan and United States. As an express condition of this License Agreement, you must reproduce on the backup copy the e frontier copyright notice in the following format:"(C) 2004-2005 e frontier, inc."
The Software contains trade secrets in its human readable form and, to protect them, YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN READABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
This End User License Agreement is effective until terminated. This End User License Agreement will terminate immediately without notice from e frontier or judicial resolution if you fail to comply with any provision of this License Agreement. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof. You may also terminate this End User License Agreement at any time by destroying this Software, all accompanying written materials and all copies thereof.
5. Export Law Assurances
You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Foreign Exchange and Foreign Control Law, Export Trade Control Ordinance, and any other related regulations (referred together as "Regulations" hereafter) of Japan. You acknowledge and agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Regulations, or will be used for any purpose prohibited by the Regulations.
6. Limited Warranty and Disclaimer, Limitation of Remedies and Damages
YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. E FRONTIER WARRANT THE MEDIA ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR 90 DAYS FROM PURCHASE, BUT THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE LICENSED "AS IS." ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS AND LIMITED TO 90 DAYS AS TO THE MEDIA. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE MEDIA OR REFUND OF THE PURCHASE PRICE. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND E FRONTIER EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY E FRONTIER, IT'S EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. IN NO EVENT WILL E FRONTIER OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF EXTOOLS OR AN AUTHORIZED E FRONTIER REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitations will not apply in case of personal injury only where and to the extent that applicable law requires such liability. Because some jurisdictions do not allow the exclusion or limitation of implied warranties or liabilities for consequential or incidental damages, the above limitations may not apply to you.
e frontier America Inc. will not loan, rent, sell or share any Personal Identifying Customer Information to others. Personal Identifying Information maybe disclosed to appropriate third parties to process transactions you (customer) have initiated, including shipping products to you and invoicing for purchases made. Examples of such third parties are our order processing and fulfillment service providers, partners, affiliates, distributors and credit card processing companies. Personal Identifying Information will only be disclosed to third parties if we are required to do so by law, to protect our rights and property or to protect against misuse or unauthorized use of our web site and/or e frontier software products.
This End User License Agreement will be construed under the laws of California, USA, except for the law dealing with conflicts of law. If any provision of this End User License Agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this License Agreement will remain in full force and effect.
e frontier, Inc., FlashMaker, MotionArtist 3.0, are trademarks of e frontier, Inc. All other brand names, product names, or trademarks belong to their respective holders.