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License Agreement
The following license agreement applies to downloaded copies of Triscape
software, including for evaluation or for plugging into your web browser.
The software program along with all data and documentation (the "Software")
is licensed by Triscape, Inc. ("Triscape") for use by you (the "Licensee") on
a single computer. "Viewer" refers software available at triscape.com that is
described as "free" or recorded by FxFoto on CD-ROM and that shows but does not
create FxFoto slide show and collage presentations.
"Plug-In" refers to client software available at triscape.com that is described
as "free" and that downloads and adds into a web browser.
"Registration Number" refers to a personalized alphanumeric key
which is entered into the Software.
Only one copy of the Software may be made, except that one additional copy may
be made for backup purposes only. The Licensee may copy the Software onto
additional computers or removable media provided that the Software is used only
on one computer at a time and always by the same person and that no other person
ever uses the Software. Otherwise, a separate license is required for each
single computer on which the Software will be used.
Triscape retains title and ownership of the Software recorded on the original
media and all subsequent copies of the Software, regardless of the form or
media in which or on which the original or other copies may exist. This
license is not a sale of the Software or any copy.
The license may be permanently transferred to another licensee if you retain no
copies of the Software and if the recipient agrees to all terms. However the
license may not be rented or leased or otherwise transferred on a temporary
basis.
The Licensee agrees not to disclose the Software or any Registration Numbers
provided for the Software to any third party and to take all reasonable
precautions to preclude access of unauthorized persons to the Software and
Registration Numbers. The Licensee agrees not to reverse engineer, de-compile,
disassemble, or modify the Software.
A copy of the Software marked "Deluxe" or "Creative", with full features,
requires a Registration Number and is licensed for an agreed fee
for an unlimited period of time. A copy of the Software
marked "Standard Edition", with limited features, is licensed without charge
for an unlimited period but may require on-line registration.
An unregistered copy of the Software marked "Evaluation Edition",
with full features, may only be used for a period
of fifteen consecutive days and this license expires fifteen days
after the Software is first installed or used as an evaluation copy.
Viewer and Plug-In software, also not registered,
are automatically licensed without a time limit
and free of charge.
Some editions of FxFoto include extra scrapbook backgrounds and clipart
embellishments in folders with designer credits and copyright restrictions.
If included, these images are copyright by their designers
and may be used for non-commercial purposes only.
The Licensee may use this art work in collages and slide shows, but
may only distribute the images as part of larger works that are for home use
and that are not sold commercially.
This license shall terminate immediately if the Licensee fails to comply with
any of the terms of this agreement. If this license was purchased, it shall
terminate immediately if Triscape is not fully compensated for the agreed
purchase price in a timely manner. Otherwise, this license shall remain in
force until terminated by the Licensee upon one month's prior written notice.
SOFTWARE DISCLAIMER OF WARRANTY and HARDWARE LIMITED WARRANTY
Triscape makes no representations or warranties with regard to this Software
including, but not limited to any implied warranties of merchantability and
fitness for a particular purpose. Triscape does not warrant, guarantee, or
make any representations regarding the use, or the results of use, of the
Software in terms of correctness, accuracy, reliability, currentness, or
otherwise. Triscape shall not be liable for errors or omissions contained in
this Software, any interruptions of service, loss of business or anticipatory
profits and/or for incidental or consequential damages in connection with
furnishing, performance or use of the Software even if Triscape has been
advised of the possibility of such damages. The Software is licensed as is.
The Licensee assumes the entire risk as to the results and performance of the
Software.
Triscape warrants to the original Licensee that any media on which the Software
is distributed are free from defects under normal use and service for a period
of ninety (90) days from the date of delivery. Triscape's entire liability and
Licensee's exclusive remedy as to the media shall be, at Triscape's option,
either (a) return of any purchase price or (b) replacement of the media that
does not meet this Limited Warranty.
The above are the only warranties of any kind, either express or implied,
including but not limited to implied warranties of merchantability and fitness
for a particular purpose, that are made by Triscape on this product. Because
some states do not allow the exclusion or limitation of liability or
consequential or incidental damages, the above limitation may not apply to you.
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