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READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE OPENING THIS PACKAGE OR EITHER USING OR INSTALLING THE ENCLOSED CD-ROM. OPENING THIS PACKAGE, USE OR INSTALLATION INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PROMPTLY RETURN THIS PACKAGE UNOPENED TO ADDICTIVE CONTENT AND YOUR MONEY WILL BE REFUNDED. 1. License 1.1. ADDICTIVE CONTENT (hereinafter referred to as "Licensor") owns or controls all intellectual property and other rights in the computer programs or software, information, documentation and photographic materials (hereinafter collectively referred to as the "Licensed Product") stored on the enclosed CD-ROM. In this license agreement (hereinafter referred to as the "License Agreement"), you, the purchaser of the license rights granted by this Agreement, are referred to as "Licensee" or "You." In accordance with the terms and conditions of this License Agreement, Licensor grants Licensee the nonexclusive, non-transferable, worldwide license to use the Licensed Product only in the country where acquired from your supplier (Supplier), if any, and subject to the terms and conditions set forth in this License Agreement. Licensee may not, and may not permit any other person or entity to, sublicense, rent, sell, assign, pledge, or otherwise transfer the Licensed Product or install, distribute, provide access to, or use the CD-ROM or Licensed Product on or by means of an intranet, extranet, internet system or by means of networked computers. This Agreement shall automatically terminate in the event of such a transfer or distribution without the prior express written permission of Licensor. 1.2. All rights to and in the Licensed Product, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Licensed Product. Licensee shall not copy or modify the Licensed Product, except that Licensee may copy the Licensed Product for the sole purpose of backup as long as all copyright and other notices are reproduced and included on the backup copy. 2. Term 3. Object Code and Owner Identification Information 4. Limited Warranty 4.1. Licensor does not warrant that the functions contained in the Licensed Product will meet Licensee's requirements or that the operation of the CD-ROM will be uninterrupted or error free. Licensor does warrant that the media on which the Licensed Product is furnished will be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery (Warranty Period). Any other software and any hardware furnished with or accompanying the CD-ROM is not warranted by Licensor. Licensee's exclusive remedy under this limited warranty is the replacement of any defective physical media on which the Licensed Product is furnished, as provided below. To receive a replacement for defective media under this limited warranty, return the defective media to Supplier or Addictive Content during the Warranty Period, with proof of payment. 4.2. EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE. 5. Limitation of Liability 6. General Addictive Content, P.O. Box 29, Morrisville, Pennsylvania 19067 LICENSEE, INTENDING TO BE LEGALLY BOUND, ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. |