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authorSeemant Kulleen <seemant@gentoo.org>2002-07-17 01:39:38 +0000
committerSeemant Kulleen <seemant@gentoo.org>2002-07-17 01:39:38 +0000
commitd8b599c3388625fae4836779de200c08f381bb8e (patch)
tree7430ab1a5f151716b1d7f90c3615cdd494425e6c /licenses/Macromedia
parentadded netscape license (diff)
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+ MACROMEDIA® SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY
+
+ IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
+ LEGAL AGREEMENT BETWEEN YOU AND MACROMEDIA. READ IT CAREFULLY BEFORE
+ USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND
+ CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING
+ THE DOWNLOAD OR INSTALL NOW BUTTON 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 UNINSTALL THE SOFTWARE FROM YOUR COMPUTER.
+
+ 1. Definitions
+
+ (a) "Macromedia" means Macromedia, Inc. and its licensors, if any.
+ (b) "Software" means only the Macromedia software program(s) and third
+ party software programs, in each case, supplied by Macromedia
+ herewith, and corresponding documentation, associated media, printed
+ materials, and online or electronic documentation.
+
+ 2. License Grants
+
+ (a) You may install and use the Software on a single desktop computer
+ that has a Windows PC (including Windows 95, 98, 2000, NT, Me and XP),
+ a Macintosh desktop operating system, a Linux desktop operating
+ system, or a Solaris desktop operating system; provided, however,
+ that, notwithstanding anything contrary contained herein, you may not
+ use the Software on any non-PC product, including, but not limited to,
+ a web appliance, set top box (STB), handheld, phone, or web pad
+ device. A license for the Software may not be shared, installed or
+ used concurrently on different computers.
+ (b) You may 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.
+ (c) You agree that Macromedia may audit your use of the Software for
+ compliance with these terms at any time, upon reasonable notice.
+ (d) Your license rights under this EULA are non-exclusive.
+ (e) Certain rights are not granted under this Agreement, but may be
+ available under a separate agreement. If you would like to enter into
+ a Distribution Agreement, please go to:
+ [9]http://www.macromedia.com/software/flash/open/licensing/.
+ 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 alter, merge, modify, adapt or translate the Software,
+ or decompile, reverse engineer, disassemble, or otherwise reduce the
+ Software to a human-perceivable form.
+ (c) You may not sell, rent, lease, or sublicense the Software.
+ (d) You may not modify the Software or create derivative works based
+ upon the Software.
+ (e) You may not export the Software into any country prohibited by the
+ United States Export Administration Act and the regulations
+ thereunder.
+ (f) In the event that you fail to comply with this EULA, Macromedia
+ may terminate the license and you must destroy all copies of the
+ Software (with all other rights of both parties and all other
+ provisions of this EULA surviving any such termination).
+
+ 4. Ownership
+
+ The foregoing license gives you limited license to use the Software.
+ Macromedia and its suppliers retain all right, title and interest,
+ including all copyright and intellectual property rights, in and to,
+ the Software and all copies thereof. All rights not specifically
+ granted in this EULA, including Federal and International Copyrights,
+ are reserved by Macromedia and its suppliers.
+
+ 5. WARRANTY DISCLAIMER
+
+ (a) THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS"
+ BASIS. MACROMEDIA PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE
+ SOFTWARE.
+ (b) MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND
+ REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE
+ WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
+ ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET
+ ENJOYMENT. MACROMEDIA DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE
+ OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED
+ TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY
+ GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR
+ USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
+ WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION
+ OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
+ AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. MACROMEDIA
+ SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
+ SUCH PURPOSES.
+ (c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
+ SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)
+ DAYS FROM THE DATE OF DELIVERY.
+ (d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACROMEDIA, ITS
+ DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR
+ IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
+ (e) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
+ WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
+ GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL
+ RIGHTS THAT VARY FROM STATE TO STATE.
+
+ 6. LIMITATION OF LIABILITY
+
+ (a) NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY
+ THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
+ CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE
+ INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF
+ PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE
+ OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF
+ LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
+ (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
+ MACROMEDIA 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) MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY
+ CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT
+ PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
+ (c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
+ LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE
+ LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE
+ OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
+ (d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
+ THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS
+ EULA.
+
+ 7. Basis of Bargain
+
+ The Warranty Disclaimer, Exclusive Remedies and Limited Liability set
+ forth above are fundamental elements of the basis of the agreement
+ between Macromedia and you. Macromedia would not be able to provide
+ the Software on an economic basis without such limitations. Such
+ Warranty Disclaimer, Exclusive Remedies and Limited Liability inure to
+ the benefit of Macromedia's licensors.
+
+ 8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
+
+ This Software and the documentation are provided with "RESTRICTED
+ RIGHTS" applicable to private and public licenses alike. Without
+ limiting the foregoing, use, duplication, or disclosure by the US
+ Government is subject to restrictions as set forth in this EULA and as
+ provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
+ 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19,
+ or FAR 52.227-14, as applicable. Manufacturer: Macromedia, Inc., 600
+ Townsend, San Francisco, CA 94103.
+
+ 9. (Outside of the USA) Consumer End Users Only
+
+ The limitations or exclusions of warranties and liability contained in
+ this EULA do not affect or prejudice the statutory rights of a
+ consumer (i.e., a person acquiring goods otherwise than in the course
+ of a business).
+
+ The limitations or exclusions of warranties, remedies or liability
+ contained in this EULA shall apply to you only to the extent such
+ limitations or exclusions are permitted under the laws of the
+ jurisdiction where you are located.
+ 10. Third Party Software
+
+ The Software may contain third party software which requires notices
+ and/or additional terms and conditions. Such required third party
+ software notices and/or additional terms and conditions are located at
+ [10]http://www.macromedia.com/go/thirdparty/ and are made a part of
+ and incorporated by reference into this EULA.
+
+ 11. General
+
+ This EULA shall be governed by the internal laws of the State of
+ California, without giving effect to principles of conflict of laws.
+ You hereby consent to the exclusive jurisdiction and venue of the
+ state courts sitting in San Francisco County, California or the
+ federal courts in the Northern District of California to resolve any
+ disputes arising under this EULA. In each case this EULA shall be
+ construed and enforced without regard to the United Nations Convention
+ on the International Sale of Goods.
+ 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.
+ You agree that any varying or additional terms contained in any
+ purchase order or other written notification or document issued by you
+ in relation to the Software licensed hereunder shall be of no effect.
+ The failure or delay of Macromedia to exercise any of its rights under
+ this EULA or upon any breach of this EULA shall not be deemed a waiver
+ of those rights or of the breach.
+
+ No Macromedia dealer, agent or employee is authorized to make any
+ amendment to this EULA.
+
+ If any provision of this 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 Agreement will remain in full force and effect.
+
+ All questions concerning this EULA shall be directed to: Macromedia,
+ Inc., 600 Townsend, San Francisco, CA 94103, Attention: General
+ Counsel.
+
+ Macromedia and other trademarks contained in the Software are
+ trademarks or registered trademarks of Macromedia, Inc. in the United
+ States and/or other countries. Third party trademarks, trade names,
+ product names and logos may be the trademarks or registered trademarks
+ of their respective owners. You may not remove or alter any trademark,
+ trade names, product names, logo, copyright or other proprietary
+ notices, legends, symbols or labels in the Software. This EULA does
+ not authorize you to use Macromedia's or its licensors' names or any
+ of their respective trademarks.