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FotoFinish Software License Agreement
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| IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT ("LICENSE") BEFORE USING THIS PRODUCT. |
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YOUR INSTALLATION, COPYING, OR USE OF THIS PRODUCT INDICATES YOUR ACCEPTANCE OF THIS LICENSE, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS.
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IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, THEN: (A) DO NOT COPY, INSTALL, OR USE THIS PRODUCT, AND (B) IF YOU RETURN THE COMPLETE PRODUCT TO SMARTDRAW.COM IMMEDIATELY, YOU CAN RECEIVE A FULL REFUND. |
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A. LICENSE
SmartDraw.com (also referred to as "we" or "us") hereby grants you a license to use
the Product (as defined below) in accordance with all of the terms and conditions of
this License.
The "Product" consists of: (1) all materials with which this License is packaged by
SmartDraw.com, which may include, but are not limited to, computer program(s),
software, and code; images; photographs; templates; symbols; texts; accompanying printed
materials; and "online" or electronic documentation, and (2) any supplemental software
code and supporting materials which may be provided to you as part of support services
provided or authorized by SmartDraw.com for the Product.
B. YOU MAY:
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install and use one copy of the Product on a single computer.
You may also make a second copy of the Product, and install and use it
on a home or portable computer used exclusively by you.
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| 2. |
[If you purchased a workgroup multi-seat license]: install the Product
on more than one computer, or install the Product on a network server so
that multiple computers can access it. The Product may be installed on a
network server only where the number of computers with access to the Product
via that server does not exceed the number of computers specified in your
purchase receipt for the workgroup multi-seat license. For example, if your
purchase receipt specifies a workgroup multi-seat license for 100 computers,
the Product may be installed: (a) on a network server where it will be
accessible by no more than 100 different computers connected to the network
served by that server, or (b) on up to 100 individual PC's, or (c) or on some
combination of both (a) and (b), provided that the total number of PC's with
access to the software does not exceed 100.
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| 3. |
[if you purchased a workgroup concurrent-user license]: install the
Product on a network server, where the number of PC's that access the
Product simultaneously does not exceed the number of users specified in
your purchase receipt for the workgroup concurrent-user license.
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| 4. |
make one copy of the Product for archive or backup purposes.
You may also store or install a copy of the Product on a storage device,
such as a network server, used only to install or run the Product on your
other computers over an internal network; however, you must acquire and
dedicate a license for each separate computer on which the Product is
installed or run from the storage device.
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| 5. |
if this Product includes Clipart and/or Photo Images, use the
Clipart and/or Photo Images only if you comply with the terms set out in
the Guidelines for the Use of Clipart and Photo Images below, provided
that all provisions and terms of this License for the benefit or
protection of SmartDraw.com herein are also fully incorporated by
reference into such Guidelines, in addition to all terms and conditions
contained in such Guidelines.
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B. YOU MAY NOT:
| 1. |
install, use, distribute, or copy the Product except as expressly permitted in this License.
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| 2. |
translate, reverse engineer, decompile, or disassemble the Product, except to the
extent, if any, that such activities are clearly and expressly permitted by applicable
law despite such restrictions.
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| 3. |
rent, lease, or assign the Product.
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| 4. |
modify the Product, merge the Product as part of any other product or
collection of products, or create derivative works derived from the Product,
without the prior written consent of SmartDraw.com.
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| 5. |
transfer the Product or your rights under this License to someone else.
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| 6. |
permit others to perform any of activities (1) - (5) immediately above.
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In addition, in no event do we authorize you or anyone else to use the Product in
applications or systems where the Product's failure to perform can reasonably be
expected to result in significant physical injury, property damage, or loss of life,
including but not limited to use 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.
The Product is not fault-tolerant and is not designed, manufactured or intended
for any such use. Any such use is entirely at your own risk, and you agree to
hold SmartDraw.com, and its principals, shareholders, officers, employees,
affiliates, contractors, subsidiaries and parent organizations, harmless from
any and all claims or losses relating to such unauthorized use.
D. TERM:
Your rights regarding the Product under this License shall remain in
effect only as long as you are in full compliance with the terms and
conditions of this License, and shall terminate automatically if you
fail to comply with any such terms or conditions. You agree, upon
termination, to destroy all copies of the Product received, made or used
by you in connection with this License. The Limitations of Warranties and
Liability set out below shall continue in force even after any termination.
E. OWNERSHIP
All patents, copyrights, trademarks, trade secrets and other
ownership rights in the Product are and shall remain in SmartDraw.com
or third parties with which SmartDraw.com has licensing arrangements.
The source code of the Product and all information regarding the design,
structure or internal operation of the Product are valuable trade secrets
of SmartDraw.com or third parties with which SmartDraw.com has licensing
arrangements ("Confidential Information"), provided however, that
"Confidential Information" shall not include information which otherwise
would be Confidential Information to the extent that such information was
publicly known prior to the time you received it, or became known to you
through no violation of any of your, or others', confidentiality obligations
to any other party regarding the Product. To the extent, if any, to which
you may learn any Confidential Information, you shall not sell, transfer,
publish, disclose, display, or otherwise permit access by any third party
to, the Confidential Information.
You shall ensure that any copies of the Product that you make or have
made pursuant to this License bear all copyright and other proprietary
notices contained in or affixed to the copy or copies of the Product as
created and packaged by us. All rights of any kind in the Product which
are not expressly granted in this License are entirely and exclusively
reserved to and by SmartDraw.com.
F. SERIAL NUMBER
This License has a unique serial number. Publishing of this serial
number will be deemed a material breach of this License.
G. LIMITATION OF WARRANTIES AND LIABILITY:
LIMITED WARRANTY AND DISCLAIMER OF WARRANTY
ALL MATERIALS PROVIDED BY SMARTDRAW.COM, INCLUDING BUT
NOT LIMITED TO THE PRODUCT, ARE PROVIDED TO YOU "AS IS"
WITHOUT WARRANTY OF ANY KIND. FURTHER, SMARTDRAW.COM DOES
NOT WARRANT THAT ANY SUCH MATERIALS WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF SUCH MATERIALS
WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS
TO THE RESULTS AND PERFORMANCE OF SUCH MATERIALS IS
ASSUMED BY YOU. IF ANY SUCH MATERIALS ARE DEFECTIVE
YOU, AND NOT SMARTDRAW.COM OR ITS DEALERS, DISTRIBUTORS,
AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE RISK OF SUCH
DEFECT(S), AND THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION.
WITHOUT LIMITING THE ABOVE, THERE IS NO WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, MADE BY SMARTDRAW.COM, ON ANY MATERIALS
PROVIDED BY SMARTDRAW.COM, INCLUDING BUT NOT LIMITED TO THIS
PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
SMARTDRAW.COM, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER SMARTDRAW.COM, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS,
EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION OR DELIVERY OF ANY MATERIALS PROVIDED BY
SMARTDRAW.COM, INCLUDING BUT NOT LIMITED TO THIS PRODUCT, SHALL
BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OR INABILITY TO USE SUCH MATERIALS, EVEN IF
SMARTDRAW.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
H. GENERAL:
This License is the entire agreement between you and us, superseding
any other agreement or discussions, oral or written, and may not
be changed except by a signed agreement. This License shall be governed
by and construed in accordance with the laws of the State of California,
excluding that body of law applicable to choice of law and excluding the
United Nations Convention on Contracts for the International Sale of Goods
and any legislation implementing such Convention, if otherwise applicable.
If any provision of this License is declared by a Court of competent
jurisdiction to be invalid, illegal, or unenforceable, such a provision
shall be severed from the License and the other provisions shall remain
in full force and effect. Exclusive jurisdiction and venue for all matters
relating to this License shall be in courts and fora located in the State
of California, and you consent to such jurisdiction and venue. There are
no third party beneficiaries of any promises or obligations of
SmartDraw.com herein. Any waiver by us of any violation of this License
by you shall not constitute, nor contribute to, a waiver by us of any
other or future violation of the same provision, or any other provision,
of this License. The parties acknowledge and agree that no third party
(including but not limited to your customers, clients or licensees)
shall have any rights, either against us or our suppliers, as a third
party beneficiary of any rights, licenses, products or services granted
or provided by us to you hereunder.
Guidelines for the Use of Clipart, Symbols, Templates, Photo Objects and Photographic Images
This Product contains numerous clipart, symbols, templates and photo images
(collectively referred to as the "Images") which are either owned by SmartDraw.com
or licensed from a third party. As a user of this Product you are free to use,
modify and publish the Images as you wish, subject to all of the restrictions
set out below and any additional conditions described in the credits dialog of
certain symbol libraries. If you are uncertain as to whether your intended use is
in compliance with the Guidelines set out below, we recommend that you seek the
advice of your own attorney or legal counsel. SmartDraw.com will not provide
you with an opinion as to whether your use is in compliance with these Guidelines.
A. YOU MAY, subject to any restrictions set out below:
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incorporate any Image(s) into your own original work and publish,
display and distribute your work in any media. You may not, however,
resell, sublicense or otherwise make available the Image(s) for use
or distribution separately or detached from a product or web page.
For example, the Image(s) may be used as part of a web page design,
but may not be made available for downloading separately or in a
format designed or intended for permanent storage or re-use by others.
Similarly, clients may be provided with copies of the Image(s)
(including digital files) as an integral part of your work product,
but may not be provided with the Image(s) or permitted to use the
Image(s) separately or as part of any other product.
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make one (1) copy of the Image(s) for backup or archival purposes.
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B. YOU MAY NOT
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create scandalous, obscene, defamatory or
immoral works using the Image(s), nor use the
Image(s) for any other purpose which is prohibited by law.
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use or permit the use of the Image(s) or any part thereof as a
trademark or service mark, or claim any proprietary rights of any
sort in the Image(s) or any part thereof.
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use the Image(s) in electronic format, online or in multimedia
applications unless the Image(s) are incorporated for viewing
purposes only, and no permission is given to those viewing the
Images to download and/or save the Image(s) for any reason.
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rent, lease, sublicense or lend the Image(s), or a copy thereof,
to another person or legal entity.
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use any Image(s) except as expressly permitted by this License.
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use the Image(s) related to identifiable individuals, products or entities in a
manner which suggests their association with or endorsement of any product or
service.
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C. YOU AGREE THAT
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SmartDraw.com makes no warranties as to the Images, express or implied,
including but not limited to any warranties of title, ownership or
non-infringement.
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you acknowledge that neither SmartDraw.com, nor its principals,
shareholders, officers, employees, affiliates, contractors,
subsidiaries, or parent organizations, are liable for any offensive,
harmful, illegal, indecent, incorrect, incomplete or inaccurate data,
information or materials either comprising, part of, or associated with
any Image or collection of Images.
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