CoMNet Software License Agreement for CaptionWriter II 3.x
In order to use CaptionWriter II, you must agree to the terms stated below. Click here if you agree to these terms.
Click here if you do not agree to the above terms.
This is a legal contract between you and CoMNet Cooperative Multimedia Network Software GmbH (CoMNet Software).
Please read this license carefully before using the software.
BY OPENING THE SEALED DISK PACKAGE OR USING THE SOFTWARE YOU ARE
AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DON´T AGREE TO THE TERMS OF THIS LICENSE, PROMTLY RETURN THE UNUSED SOFTWARE (including written materials and binders or other containers) to the place, where you obtained it and your money will be refunded.
1. License
The complete software, whether on disk, or on any other media, the related documentation, and fonts are licensed to you by CoMNet Software.
You own the disk on which the software is recorded, but CoMNet Software retains title to the software, related documentation, and fonts.
This license allows you to use the software on a single computer and MAKE ONE COPY OF THE SOFTWARE FOR BACKUP PURPOSES ONLY.
The backup copy must include all copyright information contained on the original.
This license allows you to USE THE SOFTWARE ON A SINGLE COMPUTER.
The software is ?in use? on a computer when it is loaded into the temporary memory (i. e. RAM) or installed into the permanent memory (hard disk, CD ROM, or other storage device) of the computer, except that a copy installed on a network server for a sole purpose of distribution is not ?in use?.
YOU MAY NOT ELECTRONICALLY TRANSMIT THE SOFTWARE FROM ONE COMPUTER TO ANOTHER OR OVER A NETWORK.
The software contains copyrighted material, trade secrets and other proprietary material, so except as permitted by applicable law and this licence, you MAY NOT DECOMPILE, REVERSE ENGINEER, DISASSEMBLE, RENT, LEASE, LOAN, DISTRIBUTE, SUBLICENSE OR MODIFY THE SOFTWARE IN ANY FORM or create derivative works based upon the software in whole or in part.
2. Copyright
The software is owned by CoMNet Software and licensed by Apple Computer Inc. It is protected by United States copyright laws, international treaty provisions, and all other applicable jurisdictions.
3. Limited warranty on media
CoMNet Software makes no representations concerning the suitability for any purpose of the software or about the accuracy of data information made accessible by it.
You expressly acknowledge and agree that the use of the software and fonts is at your sole risk. The software, related documentation and fonts are provided ?as is? without express or implied warranties.
CoMNet Software´s entire liability and your exclusive remedy shall be, at CoMNet Software´s
option, either return of the price paid or replacement of the software.
This limited warranty is void if failure of the software has resulted from accident, abuse, or misapplication.
3.1. No other warranties
CoMNet Software disclaims all other warranties EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING PRODUCT MANUAL(S) AND WRITTEN MATERIALS.
3.2. No liability for consequential damages
IN NO EVENT SHALL CoMNET SOFTWARE OR IS SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING LOSS OF BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS CoMNet SOFTWARE´ S PRODUCT, EVEN IF COMNET SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Termination
This license is effective until terminated. You may terminate this license at any time by destroying the software, related documentation and all copies thereof. This license will terminate immediately without notice from CoMNet Software.
Upon termination YOU MUST DESTROY THE SOFTWARE, RELATED DOCUMENTATION AND ALL COPIES THEREOF.
5. Export law assurances
You agree and certify that neither the software nor any other technical data received from CoMNet Software, will be exportet directly or indirectly, to any country in violation of any applicable law, including the United States Export Administration Act and the regulations thereunder.
6. US Government End Users
This Agreement is not valid and shall not come into effect for any unit or agency of the United States Government until the execution and delivery by both you and CoMNet Software of a RESTRICTED RIGHTS Government User Supplement in the form required by Apple Computer Inc.
7. Complete Agreement
This license shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.This license constitutes the entire agreement between the parties with respect to the use of the terms and conditions.No amendment to or modification of this license will be binding unless in writing and signed by a duly authorized representative of CoMNet Software.
If for any reason a court of competent jurisdiction finds any provision of this license, or portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this license shall continue in full force and effect.
