shall be solely responsible for the selection, use, efficiency and
suitability of the software product and serif shall have no
liability therefor. Serif shall have no liability for, nor obligation
to indemnify licensee regarding actions alleging the
infringement of proprietary rights by the software product. Serif
does not warrant that the operation of the software product will
be uninterrupted or error free or that the software product will
meet licensee’ s specific requirements. The Limited W
gives you specific legal rights. You may have others, which
vary from state/jurisdiction to state/jurisdiction.
9. LIMITATION OF LIABILITY
In no event will Serif or its suppliers be liable for loss of data,
corruption, lost profits, cost of cover, or other special,
incidental, punitive, consequential, or indirect damages arising
from the use of the software product (including any
accompanying documentation), however caused and on any
theory of liability. This limitation will apply even if Serif or an
authorized distributor has been advised of the possibility of
such damage. In no event will Serif’ s liability exceed the
amount paid for the software product. Licensee acknowledges
that the amounts paid by licensee for the software product
reflect this allocation of risk. Some states or other jurisdictions
do not allow the exclusion or limitation of liability for
incidental or consequential damages, so the above limitations
and exclusions may not be applicable in certain instances. None
of the above affects the statutory rights of licensees residing in
the United Kingdom.
10. NOT FOR RESALE SOFTWARE
If the Software Product is labeled “ Not for Resale” or “NFR, ”
then, notwithstanding section 1 of this License, your use of the
Software Product is limited to use for demonstration, test, or
evaluation purposes.
11. NO RENTAL; OTHER TRANSFERS
You may transfer this License to another computer or
workstation only on a permanent basis (that is, with no intent to
transfer again) provided the computer, workstation, or other
digital electronic device from which you have transferred this
License no longer accesses or otherwise utilizes the Software
Product, and the Software Product is used in accordance with
the terms of this License Agreement.
12. TERMINATION
You may terminate this License Agreement at any time. Serif
may terminate this License Agreement if you fail to comply
with the terms and conditions of this License Agreement. In
either event, you must destroy all copies of the Software
Product.
13. UPGRADE
If this License is an “ Upgrade,” you must have a valid license
for the Prior Software for this License Agreement to be valid,
and this License Agreement must be used to replace such
license for the Prior Software. The total number of license
“Upgrades ” you may acquire may not exceed the total number
of computers, workstations, or other digital electronic devices
that were licensed to access or otherwise utilize the Software
Product at the time you upgraded the Software Product.
14. GUIDELINES FOR THE USE OF DIGITAL
CONTENT IMAGES
This product contains numerous clipart and photo images
(collectively referred to as the “Images ” ) which are either
owned by SERIF 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 the restrictions set out below. If you are
uncertain as to whether your intended use complies with the
guidelines set out below, we recommend that you seek the
advice of your own attorney or legal counsel.
A. YOU MAY, subject to any restrictions set out below:
1. 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 reuse by others.
Similarly, clients may be provided with copies of the Image(s)
(including digital files) as an integral part of a 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;
2. Make one (1) copy of the Image(s) for backup or archival
purposes.
B. YOU MAY NOT:
1. Create scandalous, obscene, defamatory, or immoral works
using the Image(s) nor use the Image(s) for any other purpose
prohibited by law;
2. 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;
3. Use the Image(s) in electronic format, on-line, or in
multimedia applications unless (a) the Image(s) are incorpo
for viewing purposes only and (b) no permission is given to
download and/or save the Image(s) for any reason;
4. Rent, lease, sublicense, or lend the Image(s), or a copy
thereof, to another person or legal entity. You may, however,
transfer all your license to use the Image(s) to another person or
legal entity, provided that (a) you transfer the Image(s) and this
License, including all copies (except copies incorporated into
your work product as permitted under this License), to such
person or entity, (b) that you retain no copies, including copies
stored on a computer or other storage device, and (c) the
receiving party agrees to be bound by the terms and conditions
of this License;
5. Use any Image(s) except as expressly permitted by this
License.
15. MISCELLANEOUS
This Agreement shall not be governed by the 1980 U. N.
Convention on Contracts for the International Sale of Goods;
rather, this Agreement shall be governed by the laws of the
State of New Jersey, of the United States of America, including
the Uniform Commercial Code of the State of New Jersey,
without reference to conflicts of law principles. This Agreement
is the entire Agreement between Serif and Licensee and
supersedes any other communications or advertising with
respect to the Software Product. If any provision of this
Agreement is held invalid or unenforceable, such provision
shall be revised to the extent necessary to cure the invalidity or
non-enforceability, and the remainder of this Agreement shall
continue in full force and effect. If the Software Product is
acquired by the United States Government or on its behalf, the
Software is furnished with restricted rights. The use,
duplication, or disclosure by the United States Government and
parties acting on its behalf is governed by, and subject to
restrictions as set forth in subdivision (c) (1) (ii) of the Righ
Technical Data and Computer Software clause at DFARS
252.227-7013, the subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, or other comparable regulations of other government
agencies, as applicable. Licensee agrees not to allow the
Software Product to be sent to or used in any other country
except in compliance with applicable United States laws and
regulations. This Agreement shall constitute the entire
agreement between Serif and Licensee and supersedes all prior
agreements, understandings, communications, proposals or
representations, oral or written, by either party. This Agreement
shall be amended only by an executed writing by authorized
representatives of both parties.
