FIF End-User License

 

 

The license below applies to the files DECO_32.DLL and FIF.TXT.

 

END USER AND ROYALTY FREE DISTRIBUTION LICENSE AGREEMENT - FRACTAL IMAGE DECODER

REDISTRIBUTION PERMITTED ONLY IF PROGRAM AND FILES ARE NOT MODIFIED AND ALL FILES, INCLUDING THIS FILE, ARE INCLUDED.

 

GRANT: Iterated Systems, Inc. ("Iterated") hereby grants you a limited, nontransferable, terminable, non-exclusive license subject to the following to use its accompanying computer software product known as the Fractal Image Decoder (including the 16-bit, 32-bit and Macintosh versions "Software") for individual use only on a Personal Computer described below. You may place the Software on networks and online systems exclusively for the purpose of allowing downloading and copying of the Software for archival, distribution and installation purposes (but not for purposes of execution by the network or online system) provided any such copy must contain all of the original Software and text files including this License Agreement and any proprietary, license and copyright notices on the original. This License Agreement only applies to the image compression decoder Software described above and does not grant any rights to any other Iterated software, even if related to the Software, including any software that encodes or compresses images in any way.

 

You may use the Software only on a single user Personal Computer that: (a) has one Intel 386, 486 or Pentium processor, Motorola 68036 or 68040 processor or IBM Power PC processor;  (b) operates only the Microsoft DOS and Windows operating system or the Macintosh operating system; (c) contains at least 4 megabytes of random access memory; (d) contains 80 megabytes of internal hard disk storage; (e) contains a keyboard (not an infrared remote) and monitor (not a television set); (f) is able to produce printed output on a local printer; and (g) does not act as a server on any network (including a local area network, wide area network or Internet) or otherwise allow operation of the Software from a remote or separate computer or terminal ("Personal Computer"). For the avoidance of doubt, and without limitation of the foregoing, "Personal Computer" does not include game players, television set-top boxes or so-called "Internet Appliances".

 

You may not permit other individuals to use, operate or copy the Software (except as permitted above). You may not use or allow the use of the Software on any computer or other device that is not a Personal Computer (as defined above). You may not modify, translate, reverse engineer, decompile, disassemble, (except to the extent applicable laws prohibit such restriction), or create derivative works based on the Software, copy the Software (except as specified above), rent, lease, transfer, license or otherwise transfer rights to the Software, or remove any proprietary notices, licenses, displays, installation procedures or labels on or in the Software, whether set forth in text files or on media.

 

DISCLAIMER OF WARRANTY: THE SOFTWARE IS LICENSED ON AN AS-IS BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND AND ITERATED DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Iterated assume the entire cost of any service and repair. This Disclaimer of Warranty constitutes an essential part of the License Agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

 

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL ITERATED OR ITS SUPPLIERS, LICENSORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ITERATED BE LIABLE FOR ANY DAMAGES IN EXCESS OF ITERATED'S LIST PRICE LICENSEE FEE FOR THE SOFTWARE, IF ANY, EVEN IF ITERATED SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

 

TITLE: Title, ownership rights, and intellectual property rights in and to the Software shall remain in Iterated and/or its licensors or suppliers. The Software is protected by copyright laws of the United States and international copyright treaties. You are permitted to use only one copy of the Software, even if you receive multiple copies, whether via download or on magnetic media. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner, and may be protected by copyright or other applicable law. This License gives you no rights to such content.

 

TERMINATION: This License will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software and documentation.

 

MISCELLANEOUS: This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations  between the parties. This  Agreement may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL  ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent  necessary to make it enforceable. This Agreement shall be governed by and construed under Georgia substantive law as such applies to agreements between Georgia residents entered into and performed within Georgia, except as governed by United States Federal law. You consent to the jurisdiction of the state and federal courts in the State of Georgia, U.S.A. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 

U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by or for the U.S. Government is subject to restrictions set forth in DFARS 252.227-7013 (c)(1)(ii), FAR 52.227-19, and Clause 18-52.227-86(d) of NASA Supplement to the FAR, as applicable. Contractor/manufacturer is Iterated Systems, Inc., 3525 Piedmont Road, Seven Piedmont Center, Suite 600, Atlanta, Georgia, U.S.A. 30305-1530.