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Macromedia Web Player license
End-user
license agreement
Please read this document carefully before
proceeding. This Agreement licenses the software to you and contains
warranty and liability disclaimers. By selecting the "Download" button,
you are confirming your acceptance of the software and agreeing to become
bound by the terms of this Agreement.
1. Definitions
(a)
"Macromedia Software" means the software program covered by this Agreement,
and all related updates supplied by Macromedia.
(b) "Macromedia Product" means the Macromedia
Software and any related documentation, models and multimedia content
(such as animation, sound and graphics), and all related updates supplied
by Macromedia.
2. License
This Agreement allows you to:
(a)
Use the Macromedia Product on a single computer.
(b) Make one copy of the Macromedia Product
in machine-readable form solely for backup purposes. You must reproduce
on any such copy all copyright notices and any other proprietary legends
found on the original.
(c) Certain rights are not granted under
this Agreement, but may be available under a separate agreement. If
you would like to enter into a Site or Network License, please contact
Macromedia.
3.
Restrictions
You
may not make or distribute copies of the Macromedia Product, or electronically
transfer the Macromedia Product from one computer to another or over
a network. You may not decompile, reverse engineer, disassemble, or
otherwise reduce the Macromedia Software to a human-perceivable form.
You may not modify, sell, rent, transfer, resell for profit, distribute
or create derivative works based upon the Macromedia Product or any
part thereof. You will not export or reexport, directly or indirectly,
the Macromedia Product into any country prohibited by the United States
Export Administration Act and the regulations thereunder.
4.
Ownership
The
foregoing license gives you limited rights to use the Macromedia Product.
You do not become the owner of, and Macromedia and its suppliers retain
title to, the Macromedia Product, and all copies thereof. All rights
not specifically granted in this Agreement, including Federal and International
Copyrights, are reserved by Macromedia.
5. Disclaimer
of warranties and of technical support
The Macromedia Product is
provided to you free of charge, and on an "AS IS" basis, without any
technical support or warranty of any kind from Macromedia including,
without limitation, a warranty of merchantability, fitness for a particular
purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
These limitations or exclusions of warranties and liability 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.
6. Limitation of damages
NEITHER
MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies
and limited liability set forth above are fundamental elements of the
basis of the bargain between Macromedia and you. You agree that Macromedia
would not be able to provide the Macromedia Software on an economic
basis without such limitations.
7.
Government end users (USA only)
RESTRICTED
RIGHTS LEGEND The Macromedia Software is "Restricted Computer Software."
Use, duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in this Agreement and as provided in DFARS
227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (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.
8. General
This
Agreement shall be governed by the internal laws of the State of California.
This Agreement 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 Agreement shall be directed to: Macromedia, Inc., 600
Townsend Street, San Francisco, CA 94103, Attention: General Counsel.
Macromedia Web Player End-User License Agreement 06/08/2000
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