MACROMEDIA AUTHORWARE SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND MACROMEDIA. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
(a) "Current Version" means the most current version, provided by Macromedia herewith, of the Software.
(b) "Education Version" means a version of the Software, so identified, for use by students and faculty of educational institutions, only. End User Products of Education Versions may not be used for, or distributed to any party for, any commercial purpose.
(c) "End User Product" means an output file generated by you using the Current Version of the Software, which contains the Macromedia Run-Time. Examples of End User Products include the courseware, presentations, demonstration files, interactive multimedia material, interactive entertainment products and the like.
(d) "Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only.
(e) "Macromedia" means Macromedia, Inc. and its licensors, if any.
(f) "Macromedia Run-Time" means that portion of the Current Version of the Software required in order for the End User Product to operate on hardware on which the Current Version of the Software itself is not resident. An example of the Macromedia Run-Time is the "Authorware Runtime 32-bit" that is provided with the Current Version of the Software.
(g) "Output File" means an output file generated by you using the Software.
(h) "Prior Version" means, if Macromedia provides herewith a version of the Software that precedes the Current Version, such preceding version of the Software.
(i) "Software" means Macromedia Authorware software program and third party software programs, in each case, supplied by Macromedia herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation therefor.
(j) "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.
2. License Grants
(a) Install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. Notwithstanding the foregoing, you may only use a Prior Version of the Software for the sole purpose of converting pre-existing files into a format compatible with a version of the Software subsequent to such Prior Version of the Software. Other than as set forth in Section 2(b) hereof, a license for the Software may not be shared or used concurrently on different computers. In addition, you may not generate or create any Output File using a Prior Version of the Software, other than solely by converting a pre-existing file into a format compatible with a version of the Software subsequent to such Prior Version of the Software.
(b) Make copies of the End User Product, and the associated Macromedia Run-Time, and distribute those copies for internal use solely (i) by yourself or personnel within your organization or (ii) by one other party on whose behalf such End User Product was generated by you. End User Products of Education Version, of Not For Resale (NFR) Version, or of Trial Version may not be distributed or used for commercial purposes. You may not distribute an End User Product the purpose of which is to replay the courseware, presentations, interactive multimedia material, interactive entertainment products and the like of others. Any such End User Product requires special licensing from Macromedia. End User Products of a Prior Version of the Software may not be created, generated, distributed or used for any purpose.
(c) Make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
(d) If you have purchased a license for the Education Version of the Software, then you may install and store the Software on a storage device, such as a network server, for the sole purpose of installing the Software on your other computers over an internal network, provided that the number of total number of concurrent users at any given time does not exceed the number of user licenses you have been granted, and provided, further, that the Software is installed on, and run from, only such computers. You agree to implement reasonable controls to ensure that your use of the Software does not exceed the number of licenses you have been granted. End User Products generated using the Education Version of the Software may not be used for, or distributed to any party for, any commercial purpose.
(e) You agree that Macromedia may audit your use of the Software for compliance with these terms at any time, upon reasonable notice.
3. Run-Time Distribution Agreement ("Made With Macromedia Program")
(a) You must enter into a Macromedia Run-Time Distribution Agreement if you wish to copy and distribute an End User Product, and its associated Macromedia Run-Time, other than as set forth in Section 2(a)(ii). Please contact Macromedia for details.
(b) End User Products of Education Version, of Not For Resale (NFR) Versions, or of Trial Version may not be distributed for commercial purposes. End User Products of a Prior Version of the Software may not be created, generated, distributed or used for any purpose.
4. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the Software.
(d) Other than with respect to a Trial Version or a Not For Resale Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the Current Version and each of the Prior Versions included herewith, and the serial numbers), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version or Not For Resale Version of the Software.
(e) You may not modify the Software or create derivative works based upon the Software.
(f) With respect to a Trial Version of the Software, you may not make or distribute any Output File other than solely for non-commercial evaluation of the Software. Use of a Trial Version of the Software, or use or distribution of any End User Product created using such Trial Version, for any purpose (including, but not limited to, providing training on the Software or commercial development) other than for non-commercial evaluation of the Software is strictly prohibited.
(g) With respect to a Trial Version of the Software, you may not distribute any Output Files created using such Trial Version outside your organization or after the expiration of the trial period.
(h) With respect to a Trial Version of the Software, you may not download such Trial Version of the Software under more than one username.
(i) With respect to a Prior Version of the Software, you may not use such Prior Version for any purpose other than for the sole purpose of converting a pre-existing file into a format compatible with a version of the Software subsequent to such Prior Version.
(j) You may not export the Software or any End User Product into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(k) In the event that you fail to comply with this EULA, Macromedia may terminate the license and you must destroy all copies of the Software.
If the copy of the Current Version of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Current Version of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software, other than a Prior Version of the Software pursuant to the terms hereof, or transfer it to another person or entity unless such transfer is pursuant to Section 4.
The foregoing license gives you limited license to use the Software. Macromedia and its suppliers retain all right, title and interest, including all intellectual property rights, in and to, the Software, the Macromedia Run-Times, and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Macromedia and its suppliers.
7. LIMITED WARRANTY AND DISCLAIMER
(a) LIMITED WARRANTY. Macromedia warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
(b) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACROMEDIA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
(c) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
8. Exclusive Remedy
Your exclusive remedy under Section 7 is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Macromedia will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Macromedia shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration.
9. LIMITATION OF LIABILITY
(a) NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
10. Basis of Bargain
The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Macromedia and you. Macromedia would not be able to provide the Software on an economic basis without such limitations.
11. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103.
12. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
This EULA shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this EULA shall be directed to: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103, Attention: General Counsel.
Macromedia and Authorware are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.