N.E.D. Software License Agreement
IMPORTANT - READ CAREFULLY BEFORE INSTALLING & USING THIS SOFTWARE:
BY INSTALLING THIS SOFTWARE YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE DO NOT INSTALL OR USE THE SOFTWARE AND PROMPTLY RETURN IT TO THE PLACE WHERE YOU OBTAINED IT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE, YOU ARE NOT LEGALLY ENTITLED TO INSTALL OR USE THE SOFTWARE.
The enclosed computer program(s) and any related documentation, tutorials and multimedia content (such as images, animations, music, videos) and all related updates ("Software") is licensed, not sold, to you by macProVideo.com ("macProVideo.com") for use only under the terms of this License, and macProVideo.com reserves any rights not expressly granted to you.
SINGLE LICENSE USE OF THE SOFTWARE: You may only use this software on one computer at a time. You can install this software on up to 3 computers, provided that only one copy is in use at a time. macProVideo.com reserves the right to electronically verify compliance. For the purpose of Digital Rights Management and to limit piracy, your unique computer ID will be used to authorize your computer for tutorial video playback (macProVideo.com only registers your computer ID, and does not gather any other information from your system). Consequently, you must connect the install computer to the web at least once to register your computer.
SITE COMPUTER USE OF THE SOFTWARE: You can install this software on the number of computers agreed upon in your site license agreement. For the purpose of Digital Rights Management and to limit piracy, your unique computer ID will be used to authorize your computer for tutorial video playback (macProVideo.com only registers your computer ID, and does not gather any other information from your system). Consequently, you must connect the install computer to the web at least once to register your computer. macProVideo.com reserves the right to electronically verify compliance. Contact macProVideo.com for site license information.
STORAGE/NETWORK USE OF THE SOFTWARE: Provided the Software is configured for network use, you may install and use the Software on a single file server or storage device to install or run the Software on other computers over an internal network; however, you must either acquire and dedicate a separate License for each computer on which the Software is installed or acquire a site license from macProVideo.com. Contact macProVideo.com for license information.
USE OF IMAGES: You may modify, publish and distribute the included images provided you are not marketing or distributing your work as clip art. You should use your own good judgment in the responsible use of the images. Do not use the images to create work that might be considered obscene. In addition, certain images may contain logos or other matter that are the intellectual property of third parties. Know your rights and always seek direct permission from the work's owner if you intend to use a third-party trade mark, service mark, trade name or likeness.
USE OF SOUNDS: You may modify, publish and distribute the included sounds provided you are not marketing or distributing your work as sounds. You should use your own good judgment in the responsible use of the sounds. Do not use the sounds in projects that might be considered obscene. Know your rights and always seek direct permission from the sounds owner if you are not clear.
2. OTHER RIGHTS AND LIMITATIONS
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY:
You may not reverse engineer, de-compile, disassemble or otherwise reduce the Software to any human perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not subvert the copy protection mechanism of the software.
SEPARATION OF COMPONENTS:
The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
RENTAL OR LEASE:
You may not loan, rent, lease, resell for profit or otherwise transfer the Software to another user, except as part of a permanent transfer (as provided below) of the Software.
You may permanently transfer all your rights under this License, provided you retain no copies; you transfer all the Software, including all component parts, the media, any upgrades and this License; and the recipient agrees to the terms of this License.
Without prejudice to any other rights, macProVideo.com may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the Software and all its component parts.
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software), and any copies of the Software are owned by macProVideo.com or its suppliers and its structure, organization and code are the valuable trade secrets of macProVideo.com and its suppliers. The Software is protected by Canadian and United States copyright laws and international treaty provisions.
Therefore, you must treat the Software like any other copyrighted material except that you may make one copy solely for backup purposes. You must reproduce on the copy all copyright notices and license agreements found on the original. You may not copy the printed materials accompanying the Software.
4. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227 - 7013 or the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is macProVideo.com.
5. APPLICABLE LAW
If you acquired the Software in the United States, this License is governed by the laws of the State of Washington. If you acquired the Software in Canada, this License is governed by the laws of the Province of British Columbia excluding the application of its conflicts of law rules. If you acquired the Software in another jurisdiction, this License is governed by the laws of the jurisdiction in which it is acquired. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the Canadian or 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 macProVideo.com
6. LIMITED WARRANTY
macProVideo.com warrants for a period of thirty (30) days from the date of purchase that (a) the media on which the Software is recorded will be free from defects in materials and workmanship under normal use, and (b) the Software will perform substantially in accordance with macProVideo.com's published specifications for the Software. The Software does not included technical support or a warranty of merchantability or fitness for a particular purpose or use.
NO OTHER WARRANTIES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MACPROVIDEO.COM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURIDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MACPROVIDEO.COM AND ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR LOSS 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, EVEN IF MACPROVIDEO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY OR OTHER CAUSES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MACPROVIDEO.COM AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT MACPROVIDEO.COM'S OPTION, EITHER (A) RETURN OF THE PRICE PAID, OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET MACPROVIDEO.COM'S LIMITED WARRANTY AND WHICH IS RETURNED TO MACPROVIDEO.COM WITH A COPY OF YOUR PURCHASE RECEIPT. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION. ANY REPLACEMENT SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER.
Copyright © 2007 Nonlinear Educating Inc. All rights reserved. Nonlinear Educating Inc. and macProVideo.com are registered trademarks of Nonlinear Educating Inc. Apple, the Apple logo, Mac, Macintosh, the Mac logo, iTunes, QuickTime and the QuickTime logo are registered trademarks of Apple Computer, Inc. Windows and the Windows logo are registered trademarks of Microsoft Corp. All other trademarks, names and logos are the properties of their respective holders.