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LEGO MEDIA LICENSE AGREEMENT
AND WARRANTY DISCLAIMER
License for the Software included on the LEGO MEDIA Product (hereinafter referred to as the Software) from the LEGO Group.
IMPORTANT -- READ CAREFULLY: By clicking on the "Accept" button you agree to be and are hereby bound by the terms of this License Agreement. If you do not agree to the terms of this Agreement, you must promptly return the LEGO MEDIA product, including accompanying documentation (hereinafter referred to as the Documentation). Upon such return your payment will be refunded.
I. GRANT OF LICENSE:
The LEGO Group and its suppliers and licensors (hereinafter referred to as LEGO) hereby grant you a non-exclusive license to use the Software and Documentation subject to the following terms:
You may: (i) use the Software on any single computer;
(ii) use the Software on a second computer so long as
the first and second computers are not used
simultaneously; and
(iii) copy the Software for back-up,
archival purposes provided any copy must contain all of the original Software's proprietary notices.
You may not:
(i) permit other individuals to use the 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 purposes);
(iv) resell, 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.
The Software includes certain plug-in components, including, but not limited to, [….] (hereinafter referred to as the Plug-ins). You may install and use the Plug-Ins solely as part of, and in conjunction with the LEGO MEDIA Product. You may not use the Plug-Ins in any other manner, unless you have a separate license to do so.
II. SOFTWARE:
If you receive the first copy of the Software electronically and a second copy on media 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.
III. TITLE:
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with the LEGO Group. The Software is protected by national copyright laws 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 is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
LEGO, the LEGO logo, the LEGO Brick and LEGO MEDIA are some of the trademarks belonging exclusively to the LEGO Group.
If you want to learn more about how to use trademarks and other proprietary rights belonging to the LEGO Group please visit our web site:http://www.lego.com.
IV. DISCLAIMER OF WARRANTY:
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF
ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LEGO GROUP FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. 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 THE LEGO GROUP OR ITS SUPPLIERS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, 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 PRODUCT, EVEN IF THE LEGO GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
V. TERMINATION:
This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from the LEGO Group to effectuate such termination. On termination you must destroy all copies of the Software and Documentation.
VI. GOVERNING LAW:
This License Agreement shall be governed by the laws of the jurisdiction, where you have bought the LEGO MEDIA product. However, if the product is bought in USA the License Agreement shall be governed by the laws of the State of Connecticut, without regard to conflicts of law provisions, and if the product in bought in USA you consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Connecticut. 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.
VII. ENTIRE AGREEMENT:
This Agreement constitutes the complete and exclusive agreement between the LEGO Group and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by
an authorised representative of the LEGO Group and you.
COREL DRAW 9
--------------------------------------------------------------------------------
"This product/publication includes images from Corel Draw 9 which are protected by the copyright laws of the U.S., Canada and elsewhere. Used under license. The Images may not be saved or downloaded and are only to be used for viewing purposes.
LIGOS INDEO® SOFTWARE LICENSE AGREEMENT
--------------------------------------------------------------------------------
The following Licence agreement pertains to LIGOS INDEO® which is used for video compression in LEGO Stunt Rally.
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
For End-users, the following license applies:
Do not use or load this software and any associated materials (collectively, the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software.
LICENSE. You may copy the Software onto your organization's computers for your organization's use, and you may make a reasonable number of back-up copies of the Software, subject to these conditions:
1. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
2. You may not reverse engineer, decompile, or disassemble the Software.
3. The Software may contain the software and other property of third party suppliers, some of which may be identified in, and licensed in accordance with, an enclosed "license.txt" file or other text or file.
4. You shall indemnify, hold harmless, and defend Ligos and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from your use of the Software.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Ligos or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Ligos may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Ligos grants no express or implied right under Ligos patents, copyrights, trademarks, or other Intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.
LIMITED MEDIA WARRANTY. If the Software has been delivered by Ligos on physical media, Ligos warrants the media to be free from material physical defects for a period of ninety days after delivery by Ligos. If such a defect is found, return the media to Ligos for replacement or alternate delivery of the Software as Ligos may select.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Ligos does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL LIGOS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LIGOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION OF THIS AGREEMENT. Ligos may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Ligos.
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of California, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. Ligos is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Ligos.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of Ligos' proprietary rights therein. Contractor or Manufacturer is Ligos Corporation, 55 Stockton Street, Suite 450, San Francisco, California 94108.
Ligos, the Ligos logo, and Indeo are registered trademarks, and LSX-MPEG and GoMotion are trademarks of Ligos Corporation in the US and/or other countries. All other trademarks product names, and/or trade names are used solely for the purpose of identification and belong to their respective holders. Copyright © Ligos® Corporation 2000. Privacy &Security on the Ligos Web Site Privacy Policy
LEGO MEDIA LICENSE AGREEMENT
AND WARRANTY DISCLAIMER
License for the Software included on the LEGO MEDIA Product (hereinafter referred to as the Software) from the LEGO Group.
IMPORTANT -- READ CAREFULLY: By clicking on the "Accept" button you agree to be and are hereby bound by the terms of this License Agreement. If you do not agree to the terms of this Agreement, you must promptly return the LEGO MEDIA product, including accompanying documentation (hereinafter referred to as the Documentation). Upon such return your payment will be refunded.
I. GRANT OF LICENSE:
The LEGO Group and its suppliers and licensors (hereinafter referred to as LEGO) hereby grant you a non-exclusive license to use the Software and Documentation subject to the following terms:
You may: (i) use the Software on any single computer;
(ii) use the Software on a second computer so long as
the first and second computers are not used
simultaneously; and
(iii) copy the Software for back-up,
archival purposes provided any copy must contain all of the original Software's proprietary notices.
You may not:
(i) permit other individuals to use the 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 purposes);
(iv) resell, 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.
The Software includes certain plug-in components, including, but not limited to, [….] (hereinafter referred to as the Plug-ins). You may install and use the Plug-Ins solely as part of, and in conjunction with the LEGO MEDIA Product. You may not use the Plug-Ins in any other manner, unless you have a separate license to do so.
II. SOFTWARE:
If you receive the first copy of the Software electronically and a second copy on media 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.
III. TITLE:
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with the LEGO Group. The Software is protected by national copyright laws 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 is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
LEGO, the LEGO logo, the LEGO Brick and LEGO MEDIA are some of the trademarks belonging exclusively to the LEGO Group.
If you want to learn more about how to use trademarks and other proprietary rights belonging to the LEGO Group please visit our web site:http://www.lego.com.
IV. DISCLAIMER OF WARRANTY:
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF
ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LEGO GROUP FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. 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 THE LEGO GROUP OR ITS SUPPLIERS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, 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 PRODUCT, EVEN IF THE LEGO GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
V. TERMINATION:
This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from the LEGO Group to effectuate such termination. On termination you must destroy all copies of the Software and Documentation.
VI. GOVERNING LAW:
This License Agreement shall be governed by the laws of the jurisdiction, where you have bought the LEGO MEDIA product. However, if the product is bought in USA the License Agreement shall be governed by the laws of the State of Connecticut, without regard to conflicts of law provisions, and if the product in bought in USA you consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Connecticut. 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.
VII. ENTIRE AGREEMENT:
This Agreement constitutes the complete and exclusive agreement between the LEGO Group and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by
an authorised representative of the LEGO Group and you.
COREL DRAW 9
--------------------------------------------------------------------------------
"This product/publication includes images from Corel Draw 9 which are protected by the copyright laws of the U.S., Canada and elsewhere. Used under license. The Images may not be saved or downloaded and are only to be used for viewing purposes.
LIGOS INDEO® SOFTWARE LICENSE AGREEMENT
--------------------------------------------------------------------------------
The following Licence agreement pertains to LIGOS INDEO® which is used for video compression in LEGO Stunt Rally.
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
For End-users, the following license applies:
Do not use or load this software and any associated materials (collectively, the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software.
LICENSE. You may copy the Software onto your organization's computers for your organization's use, and you may make a reasonable number of back-up copies of the Software, subject to these conditions:
1. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
2. You may not reverse engineer, decompile, or disassemble the Software.
3. The Software may contain the software and other property of third party suppliers, some of which may be identified in, and licensed in accordance with, an enclosed "license.txt" file or other text or file.
4. You shall indemnify, hold harmless, and defend Ligos and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from your use of the Software.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Ligos or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Ligos may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Ligos grants no express or implied right under Ligos patents, copyrights, trademarks, or other Intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.
LIMITED MEDIA WARRANTY. If the Software has been delivered by Ligos on physical media, Ligos warrants the media to be free from material physical defects for a period of ninety days after delivery by Ligos. If such a defect is found, return the media to Ligos for replacement or alternate delivery of the Software as Ligos may select.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Ligos does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL LIGOS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LIGOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION OF THIS AGREEMENT. Ligos may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Ligos.
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of California, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. Ligos is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Ligos.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of Ligos' proprietary rights therein. Contractor or Manufacturer is Ligos Corporation, 55 Stockton Street, Suite 450, San Francisco, California 94108.
Ligos, the Ligos logo, and Indeo are registered trademarks, and LSX-MPEG and GoMotion are trademarks of Ligos Corporation in the US and/or other countries. All other trademarks product names, and/or trade names are used solely for the purpose of identification and belong to their respective holders. Copyright © Ligos® Corporation 2000. Privacy &Security on the Ligos Web Site Privacy Policy
DIRECTX MEDIA SOFTWARE DEVELOPMENT KIT and DIRECTX MEDIA RUNTIME
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation ("Microsoft") for the Microsoft software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Microsoft. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights:
(a) Software Product. You may install and use the enclosed SOFTWARE PRODUCT on a single computer to design, develop, and test software application products for use with Microsoft® Windows® or Windows NT™ ("Application").
(b) Microsoft Developer Network Subscriber. If you acquired the SOFTWARE PRODUCT through a subscription to the Microsoft Developer Network, and you are either an individual developer or an individual designated within a single entity, you are granted the following additional rights with respect to the SOFTWARE PRODUCT: (a) you may make and use copies of the SOFTWARE PRODUCT on up to ten (10) separate computers, provided that you are the only individual using the SOFTWARE PRODUCT on each such computer, and (b) if you are a single entity, you may designate one individual within your organization to have the right to use the SOFTWARE PRODUCT in the manner described herein.
(c) DirectX Media Runtime. You may install and use an unlimited number of copies of the DirectX Media Runtime. You may reproduce and distribute an unlimited number of copies of the DirectX Media Runtime; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and that you comply with the Distribution Requirements described below.
(d) Video Samples. You may use the video samples in the "media\image" and "media\geometry" directories only for your personal viewing. You may not distribute such samples whether for commercial or non-commercial purposes.
(e) Sample Code. You may modify the sample source code located in the SOFTWARE PRODUCT's "samples" directories ("Sample Code") to design, develop, and test your Application. You may also reproduce and distribute the Sample Code in object code form along with any modifications you make to the Sample Code, provided that you comply with the Distribution Requirements described below. For purposes of this section, "modifications" shall mean enhancements to the functionality of the Sample Code.
(f) Redistributable Software. Portions of the SOFTWARE PRODUCT are identified and designated as "Redistributable Software" in the text file called redist.txt. You may install and use an unlimited number of copies of the Redistributable Software, and you may reproduce and distribute an unlimited number of copies of the Redistributable Software in object code form, provided that you comply with the Distribution Requirements described below.
(g) Distribution Requirements. You may copy and redistribute an unlimited number of copies of the DirectX Media Runtime, Redistributable Software, and/or Sample Code in object code form (collectively "REDISTRIBUTABLE COMPONENTS") as described above, provided that (a) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with, and as a part of, your Application; (b) your Application adds significant and primary functionality to the REDISTRIBUTABLE COMPONENTS; (c) the REDISTRIBUTABLE COMPONENTS only operate in conjunction with Microsoft Windows or Windows NT; (d) any distribution of the DirectX Media Runtime includes each and every runtime file distributed as a single set; (e) you do not use a COM class ID for any file(s) in your Application which is identical to any DirectX Media Runtime COM class ID; (f) you do not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by your end-user customers (g) you do not use Microsoft's name, logo, or trademarks to market your Application; (h) you include a valid copyright notice on your Application; and (i) you indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Application. Contact Microsoft for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS.
2. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Microsoft.
3. PRERELEASE CODE. The SOFTWARE PRODUCT may contain PRERELEASE CODE that is not at the level of performance and compatibility of the final, generally available, product offering. These portions of the SOFTWARE PRODUCT may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the SOFTWARE PRODUCT commercially available
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Limitations on Reverse-Engineering, Decompilation, and Disassembly. You may not reverse- engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(b) Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
(c) Support Services. Microsoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in "online" documentation, and/or in other Microsoft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.
(d) Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
(e) Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
5. EXPORT RESTRICTIONS. Export of the SOFTWARE PRODUCT from the United States is regulated by the Export
Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). You agree to comply with the EAR in the export or re-export of the SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which as of May 1999 include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, and the Federal Republic of Yugoslavia (including Serbia, but not Montenegro), or to any national of any such country, wherever located, who intends to transmit or transport the SOFTWARE PRODUCT back to such country; (ii) to any person or entity who you know or have reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U. S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
7. NOTE ON JAVA SUPPORT. The SOFTWARE PRODUCT may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.
8. MISCELLANEOUS
(a) If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington.
(b) If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation that may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
(c) If this product was acquired outside the United States, local law may apply.
(d) Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Customer Sales and Service/One Microsoft Way/Redmond, WA 98052-6399.
(e) No Warranties. MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
(f) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MICROSOFT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$5.00; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A MICROSOFT SUPPORT SERVICES AGREEMENT, MICROSOFT'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante vous concerne :
RENONCIATION AUX GARANTIES. Dans toute la mesure permise par la législation en vigueur, Microsoft et ses fournisseurs fournissent le PRODUIT LOGICIEL et tous (selon le cas) Services d'assistance TELS QUELS ET AVEC TOUS LEURS DÉFAUTS, et par les présentes excluent toute garantie ou condition, expresse ou implicite, légale ou conventionnelle, écrite ou verbale, y compris, mais sans limitation, toute (selon le cas) garantie ou condition implicite ou légale de qualité marchande, de conformité à un usage particulier, d'absence de virus, d'exactitude et d'intégralité des réponses, de résultats, d'efforts techniques et professionnels et d'absence de négligence, le tout relativement au PRODUIT LOGICIEL et à la prestation ou à la non-prestation des Services d'assistance. DE PLUS, IL N'Y A AUCUNE GARANTIE ET CONDITION DE TITRE, DE JOUISSANCE PAISIBLE, DE POSSESSION PAISIBLE, DE SIMILARITÉ À LA DESCRIPTION ET D'ABSENCE DE CONTREFAÇON RELATIVEMENT AU PRODUIT LOGICIEL. Vous supportez tous les risques découlant de l'utilisation et de la performance du PRODUIT LOGICIEL et ceux découlant des Services d'assistance (s'il y a lieu).
EXCLUSION DES DOMMAGES INDIRECTS, ACCESSOIRES ET AUTRES. Dans toute la mesure permise par la législation en vigueur, Microsoft et ses fournisseurs ne sont en aucun cas responsables de tout dommage spécial, indirect, accessoire, moral ou exemplaire quel qu'il soit (y compris, mais sans limitation, les dommages entraînés par la perte de bénéfices ou la perte d'information confidentielle ou autre, l'interruption des affaires, les préjudices corporels, la perte de confidentialité, le défaut de remplir toute obligation y compris les obligations de bonne foi et de diligence raisonnable, la négligence et toute autre perte pécuniaire ou autre perte de quelque nature que ce soit) découlant de, ou de toute autre manière lié à, l'utilisation ou l'impossibilité d'utiliser le PRODUIT LOGICIEL, la prestation ou la non-prestation des Services d'assistance ou autrement en vertu de ou relativement à toute disposition de cette convention, que ce soit en cas de faute, de délit (y compris la négligence), de responsabilité stricte, de manquement à un contrat ou de manquement à une garantie de Microsoft ou de l'un de ses fournisseurs, et ce, même si Microsoft ou l'un de ses fournisseurs a été avisé de la possibilité de tels dommages.
LIMITATION DE RESPONSABILITÉ ET RECOURS. Malgré tout dommage que vous pourriez encourir pour quelque raison que ce soit (y compris, mais sans limitation, tous les dommages mentionnés ci-dessus et tous les dommages directs et généraux), la seule responsabilité de Microsoft et de ses fournisseurs en vertu de toute disposition de cette convention et votre unique recours en regard de tout ce qui précède sont limités au plus élevé des montants suivants: soit (a) le montant que vous avez payé pour le PRODUIT LOGICIEL, soit (b) un montant équivalant à cinq dollars U.S. (5,00 $ U.S.). Les limitations, exclusions et renonciations ci-dessus s'appliquent dans toute la mesure permise par la législation en vigueur, et ce même si leur application a pour effet de priver un recours de son essence.
DROITS LIMITÉS DU GOUVERNEMENT AMÉRICAIN
Tout PRODUIT LOGICIEL fourni au gouvernement américain conformément à des demandes émises le ou après le 1er décembre 1995 est offert avec les restrictions et droits commerciaux décrits ailleurs dans la présente convention. Tout PRODUIT LOGICIEL fourni au gouvernement américain conformément à des demandes émises avant le 1er décembre 1995 est offert avec des DROITS LIMITÉS tels que prévus dans le DFAR, 48CFR 52.227-14 (juin 1987) ou dans le FAR, 48CFR 252.227-7013 (octobre 1988), tels qu'applicables.
Sauf lorsqu'expressément prohibé par la législation locale, la présente convention est régie par les lois en vigueur dans la province d'Ontario, Canada. Pour tout différend qui pourrait découler des présentes, vous acceptez la compétence des tribunaux fédéraux et provinciaux siégeant à Toronto, Ontario.
Si vous avez des questions concernant cette convention ou si vous désirez communiquer avec Microsoft pour quelque raison que ce soit, veuillez contacter la succursale Microsoft desservant votre pays, ou écrire à: Microsoft Sales Information Center, One Microsoft Way, Redmond, Washington 98052-6399.