» version 18.104.22.168 - posted on 2003-11-12
EULA - End User License Agreement
You may install Image Viewer on a single computer. Some Stardust products are provided with additional rights, which are stated in the "End User License Agreement" included with your software.
Please take a moment to read the End User License Agreement now. It contains all of the terms and conditions that pertain to this software product. By choosing to continue, you indicate acceptance of these terms.
End User License Agreement For
Stardust? Image Viewer 2003
NOTICE TO USER: THIS IS A CONTRACT. BY OPENING THIS PACKAGE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, return this media envelope, UNOPENED, along with the rest of the package, to Stardust Software ("Stardust") or the location where you obtained it. This package contains software ("Software") and related explanatory written materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Stardust. Stardust grants you a nonexclusive license to use the Software and Documentation, provided that you agree to the following:
1. Use of the Software. You may -
· Install the Software in a single location on a hard disk or other storage device of up to the number of computers indicated in the upper right-hand corner ("Permitted Number of Computers") of this Agreement.
· Provided the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes: (1) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (2) use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than 15 computers ever using the Software concurrently, but the Software will be used on 25 different computers at various times, the Permitted Number of Computers for which you need a license is 25.
· Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
HOME USE. The primary user of each computer on which the Software is installed or used may also install the Software on one home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.
2. Copyright. The Software is owned by Stardust and its suppliers, and its structure, organization and code are the valuable trade secrets of Stardust and its suppliers. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners name. Trademarks can only be used to identify output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
3. Transfer. You may not rent, lease, sublicense or lend the Software or Documentation. You may however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement, the Software, including all copies, updates and prior versions and all Documentation to such person or entity and that you retain no copies, including copies stored on a computer.
4. Limited Warranty. Stardust warrants to you that the Software will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such thirty (30) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Stardusts option, the replacement of the Software or the refund of the license fee you paid for the Software. STARDUST AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR STARDUSTS OR ITS SUPPLIERS BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, STARDUST AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.
5. Limitation of Liability. IN NO EVENT WILL STARDUST OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A STARDUST REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.
6. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the State of Washington excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention or Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Stardust.
7. Notice to Government End Users. If this product is acquired under the terms of a: GSA contract - Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; DoD contract - Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract - Use, reproduction or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement. Unpublished-rights reserved under the copyright laws of the United States. Stardust Software, 15127 NE 24th Street #555, Redmond, WA 98052 USA.
Stardust is a trademark of Stardust Software. Copyright © 2003 Stardust Software. All Rights Reserved.
PLEASE INDICATE YOUR ACCEPTANCE OR DECLINE OF THE FOREGOING AGREEMENT BY CLICKING ON THE APPROPRIATE BUTTON BELOW.