IMPORTANT- PLEASE READ CAREFULLY: This SplutterFish, LLC. ("SplutterFish") End-User License Agreement ("EULA") is a legal agreement between you ("you") and SplutterFish for the accompanying software product ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and ALL SOFTWARE IS PROVIDED "AS IS."
1. GRANT OF LICENSE: This EULA grants you the following rights:
· Installation and Use: You may install and use an unlimited number of copies of the Software. Any copies of the Software which this License authorizes you to make are subject to this EULA.
· Reproduction and Distribution: You may not reproduce and distribute copies of the Software without the express written concent of SplutterFish.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
· Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
· Support Services: SplutterFish will not provide you with support services ("Support Services") related to the Software.
· Software Transfer: You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
· Termination: Without prejudice to any other rights of SplutterFish's, your rights under this EULA will terminate automatically without notice from SplutterFish if you fail to comply with any term(s) of this EULA. In such event you must destroy all copies of the Software and any related materials.
3. COPYRIGHT: All right, title and interest in and to the Software (including the copyrights in the Software and including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials (if any), and any copies of the Software are owned by SplutterFish. The Software is protected by copyright laws and international treaty provisions. Except as permitted by applicable law and this License, you may not modify, rent, lease, loan, sublicense, or create derivative works from the Software.
4. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and SPLUTTERFISH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPLUTTERFISH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SPLUTTERFISH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPLUTTERFISH OR AN AUTHORIZED REPRESENTATIVE OF SPLUTTERFISH'S SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SPLUTTERFISH OR AN AUTHORIZED REPRESENTATIVE OF SPLUTTERFISH'S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPLUTTERFISH OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS LICENSE, EVEN IF SPLUTTERFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SPLUTTERFISH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
6. Fault Tolerance. The Software 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 the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). SplutterFish specifically disclaims any express or implied warranty of fitness for High Risk Activities.
7. Export Law Assurances. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, none of the Software may be used or otherwise exported or reexported (i) into (or to a national or resident of) a United States embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
8. Government End Users. If the Software is supplied to the United States Government, the Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Software are as provided in clause 52.227-19 of the FAR.
9. MISCELLANEOUS: This License shall be governed by the laws of the United States and the State of California. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the State of California and further agrees to commence any litigation which may arise hereunder in Los Angeles County in either the Superior Court in Santa Monica, or the Central District Court of California. If for any reason a court of competent jurisdiction finds any provision, or portion of this EULA, to be unenforceable, the remainder of this EULA shall continue in full force and effect. This EULA constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by SplutterFish.
Last Modified : 1/23/02 12:51:55 PM