THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED
UNDER THE FOLLOWING LICENSE AGREEMENT AND ALL APPLICABLE
ADDENDA ("LICENSE") WHICH DEFINES WHAT YOU MAY DO WITH THE
PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR
REMEDIES. THIS LICENSE IS GRANTED BY ACTION TAPES, INC., A TEXAS
CORPORATION DOING BUSINESS AS G7 SOLUTIONS, FOR PRODUCTS
PURCHASED IN NORTH AMERICA.
THIS LICENSE INCLUDES THE FOLLOWING:
1. LICENSE AGREEMENT
2. ACTION TAPES, INC. GUIDELINES FOR THE USE OF IMAGES
3. OEM VERSION ADDENDUM TOTHE GENERAL LICENSE AGREEMENT
GENERAL LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS
PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT
INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS
LICENSE AND AGREE TO BE BOUND BYAND COMPLY WITH ITS TERMS. IF
YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT AND ALL
PACKAGING MATERIALS TO ACTION TAPES, INC., ATTN: CUSTOMER
SERVICE, 2517 MANANA DRIVE, DALLAS, TX 75220, WITHIN TEN (10) DAYS
OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND. THIS LICENSE
AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT ITAS
VALUABLE PROPERTY.
A. LICENSE:
ACTION TAPES, INC. ("we" or "us") provides you with digital media containing a
computer program, computer software, including its code, objects (including their
any images, photographs, templates, script, and/or "applets") incorporated into
the software, the accompanying printed materials, a License, and "online" or
electronic documentation (together called the "Product") and we grant you a
license to use the Product in accordance with the terms of this License. Any
supplemental software code and supporting materials provided to you as part of
Action Tapes, Inc.'s support shall be considered part of the Product and subject to
the terms and conditions of this License. The copyright and all other rights to the
Product shall remain with us and/or our licensors. You must reproduce any copyright
or other notice marked on the Product on all copies you make.
B. YOU MAY:
1. Install and use one (1) copy of the Product on a single computer. You may also
make and use a second copy of the Product on a home or portable computer
provided that copy is never loaded in the RAM on the home or portable computer
at the same time it is loaded in the RAM of the primary computer.
2. Store or install a copy of the Product on a storage device, such as a network
server, used only to install or run the Product on your other computers over an
internal network; however, you must acquire and dedicate a license for each
separate computer on which the Product is installed or run from the storage
device. A license for the Product may not be shared or used concurrently on
different computers.
3.Make one (1) copy of the Product for archive or backup purposes.
4. If this Product includes Clipart and/or Photo images, use the Clipart and/or Photo
images only if you comply with the terms set out in the ACTION TAPES, INC.
Guidelines for the Use of Clipart and Professional Images, included herein below.
5. If you have purchased this Product as an upgrade of either an ACTION TAPES,
INC. product or another vendor's product, you may continue to use your upgraded
product with this Product. If the Product you have purchased is an upgrade of an
ACTION TAPES, INC. product, you now may use that upgraded product only in
accordance with this License.
6. Use only one (1) of the language versions, if the Product provides you with a
selection of Multiple Language Versions.
7. Use this Product in conjunction with the copyrighted material of some third party,
so long as you (a) do not use the logo, name, or trademarks of ACTION TAPES,
INC. or its licensors (b} include a valid copyright notice on the Image and/or
design used, and (c) indemnify ACTION TAPES, INC. and its licensors against
any claims or lawsuits arising from your use or distribution of the Image and/or
design in any product that you create and/or distribute. ACTION TAPES, INC.
assumes no responsibility or liability for the distribution of such material, as you
(and not ACTION TAPES, INC.) assume all responsibility and liability for the
content of such materials and for suitability of the Product for the receipt of such
materials.
C. YOU MAY NOT:
1. Use the Product or make copies of it, except as permitted in this License.
2. Translate, reverse engineer, decompile, and/or disassemble the Product, except
to the extent the foregoing restriction is expressly prohibited by applicable law.
3. Rent, lease, assign, and/or transfer the Product, except as specifically set out in
Paragraph B above.
4.Modify the Product or merge all or any part of the Product with another program.
5. Redistribute the fonts or image files included with the Product.
6. Separate the component parts of the Product for use on more than one (1) computer.
7. Software Transfer. Once registration is completed and the software has been
registered. You can not transfer registration of the SOFTWARE (including all
component parts, the media and printed materials, any upgrades, this EULA and,
if applicable, the Certificate of Authenticity), to another person (either an individual
or a single entity). What this means is you can not sell, trade, or give away
the software to any other person. Activation codes will only be given to registered
users of this software.
If this Product is OEM:
8. You may not use or copy the Product if you received the Product as a stand-alone.
The Product must be purchased in conjunction with the ACTION TAPES, INC.
approved partner products or services described in the Warning located on the
Product storage media.
D. TERM:
This License shall remain in effect only for so long as you are in full and complete
compliance with the terms and conditions of this Agreement. This License will
terminate if you fail to comply with any of its terms or conditions. You agree, upon
termination, to destroy all copies of the Product. The Limitations of Warranties
and Liability set out below shall continue in full force and effect, even after any
termination.
E. WARRANTY:
WE WARRANT THAT THE MEDIA IN THIS PRODUCT WILL BE FREE FROM
DEFECT IN MATERIALS AND WORKMANSHIP FOR NINETY (90) DAYS FROM
THE DATE YOU ACQUIRE IT. IF SUCH A DEFECT OCCURS, RETURN THE
MEDIA TO US AT:ACTION TAPES, INC.,ATTN: CUSTOMER SERVICE, 2517
MANANADRIVE, DALLAS, TX 75220, AND WE WILL REPLACE IT FREE OF
CHARGE. THIS REMEDY IS YOUR EXCLUSIVE REMEDY FOR BREACH OF
THIS WARRANTY. IT GIVES YOU CERTAIN RIGHTS AND YOU MAY HAVE
OTHER LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO
JURISDICTION.
F. LIMITATION OF WARRANTIES AND LIABILITY:
EXCEPT FORTHE EXPRESS WARRANTY SET FORTH HEREIN ABOVE, THE
PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES
OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO,WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY
QUALITY, MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE,
OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF
DEALING OR OTHERWISE. THE ENTIRE RISKAS TO THE RESULTS AND
PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE
NOR OUR DIRECTORS,OFFICERS,AGENTS, LICENSORS, CONTRACTORS,
DEALERSAND/OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR
ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT
NOT LIMITEDTO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED
DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE
FORESEEABLE. WE ARE NOT RESPONSIBLE FOR CLAIMS BY A THIRD
PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR
DIRECTORS, OFFICERS, AGENTS, LICENSORS, CONTRACTORS, DEALERS AND
SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU
FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY
WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF
A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
G. U.S. GOVERNMENT RIGHTS:
With respect to any acquisition of the Product by or for any unit or agency of the
United States Government (the "Government"), the Product shall be classified as
"commercial computer software", as that term is defined in the applicable provisions
of the Federal Acquisition Regulation (the "FAR") and supplements thereto,
including the Department of Defense (DoD) FAR Supplement (the "DEARS").
The Product was developed entirely at private expense, and no part of the Product
was first produced in the performance of a Government contract. If the Product
is supplied for use by DoD, the Product is delivered subject to the terms of
this Agreement and either (i) in accordance with DFARS 227.7202-1 (a) and
227.7202-3 (a), or (ii) with restricted rights in accordance with DFARS 252-227-
7013 (c) (1) (ii) (OCT 1988), as applicable. If the Product is supplied for use by a
Federal agency other than DoD, the Product is restricted computer software
delivered subject to the terms of this Agreement and (i) FAR 12.212{a}; (ii) FAR
52.227-19; or (iii) FAR 52.227-14 (AIT III), as applicable. The contractor/manufacturer
is ACTION TAPES, INC., a Texas corporation doing business as G7
Solutions, 2517Maņana Drive, Dallas, TX 75220.
H. EXPORT CONTROLS:
If the Product is identified as a not-for-export product (for example, on the box,
media or during the installation process), then, unless you have exemption from
the United States Department of Commerce or other regulatory authority, as may
be designated from time to time, the following applies: EXCEPT FOR EXPORT
TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE PROGRAM MAY NOT
BE EXPORTED OUTSIDE OF THE UNITED STATES OR TO
ANY FOREIGN ENTITY OR "FOREIGN PERSON"AS DEFINED BYTHE U.S.
GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION,ANYONE
WHO IS NOTACITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF
THE UNITED STATES. BY AGREEING TO THE TERMS OF THIS LICENSE YOU
ARE WARRANTING TO ACTION TAPES, INC. THAT YOU ARE NOT A"FOREIGN
PERSON" OR UNDER THE CONTROL OF A"FOREIGN PERSON".
I. GENERAL:
This License is the entire agreement between us, superseding any other agreement,
and any discussions, oral or written, and may not be changed except by a
signed written agreement. This License shall be governed by and construed in
accordance with the laws of the State of Texas, excluding that body of law applicable
to choice of law and excluding the United Nations Convention on Contracts
for the International Sale of Goods and any legislation implementing such Convention,
if otherwise applicable. If any provision of this License is declared by a
Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a
provision shall be severed from the License and the other provisions shall remain
in full force and effect. Venue for any litigation brought relating to the Product or to
this License shall be in Dallas, Texas.
ACTION TAPES, INC. GUIDELINES FOR THE USE OF CLIPART AND STOCK
PHOTO IMAGES
ACTION TAPES, INC.'s products may contain numerous clipart and images (collectively
referred to as the "Images") which are either owned by ACTION TAPES,
INC. or are licensed from a third-party. As a user of ACTION TAPES, INC. products,
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
is in compliance with the Guidelines set out below, we recommend that you seek
the advice of your own attorney or legal counsel. ACTION TAPES, INC. will not
provide you with an opinion as to whether your use is in compliance with these
Guidelines.
License Agreement
A. YOUMAY, 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; provided you include a copyright notice in your
work reflecting on the copyright ownership of both you and ACTION TAPES, INC.
as follows:
"Copyright (c) 20___Action Tapes, Inc., its licensors and (YOUR NAME).All rights
reserved."
You may not, however, resell, sublicense or otherwise make available the Image(s)
for use or distribution separately or detached from the Product. The Images may
not be uploaded and/or downloaded to the Internet in any format.
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 which is prohibited by law.
2. Use or permit the use of the Image(s) or any part thereof as a trademark or servicemark,
or claim any proprietary rights of any sort in the Image(s) or any part
thereof.
3. Use any of the Image(s) related to identifiable individuals or entities for any commercial
purpose or in a manner which suggests their association with or endorsement
of any product or service.
4. Use the Image(s) in electronic format, on-line or in multimedia applications unless
the Image(s) are incorporated for viewing purposes only and no permission is
given to upload, download and/or save the Image(s) for any reason.
5. Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person
or legal entity.
6. Use the Product to violate any intellectual or other property right(s), including
copyrights.
7. Use any Image(s), except as expressly permitted by this License.
8. Software Transfer. Once registration is completed and the software has been
registered. You can not transfer registration of the SOFTWARE (including all
component parts, the media and printed materials, any upgrades, this EULA and,
if applicable, the Certificate of Authenticity), to another person (either an individual
or a single entity). What this means is you can not sell, trade, or give away
the software to any other person. Activation codes will only be given to registered
users of this software.
Government Crests, Seals and Other Official Insignia
The national, state, local, and municipal insignia which may be contained in this
Product are protected by various laws against misuse. Generally speaking, all
logos, insignia, patches, seals, flags and coats of arms are for official use only. It
is your responsibility to obey all national and international laws regulating display
of the insignia, seals, flags and coats of arms contained herein.
OEM EDITION ADDENDA TO THE GENERAL LICENSE AGREEMENT
OEM PRODUCT IS SOLD UNDER LICENSE INCONJUNCTION WITH ACTION
TAPES, INC.'S APPROVED PARTNER PRODUCTS OR SERVICES WHICH
ARE DESCRIBED IN THE WARNING LOCATED ON THE STORAGE MEDIA. IF
THIS PRODUCT IS IDENTIFIED AS AN OEM EDITION,YOUR USE OF THIS
PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE
AGREEMENT AS MODIFIED BYTHE TERMS OF THIS OEM EDITION ADDENDUM TO THE
GENERAL LICENSE AGREEMENT. IN THE EVENT OFANY
CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENTANDTHIS
OEM EDITION ADDENDUM, THE TERMS OF THIS OEM
ADDENDA TO THE GENERAL LICENSE AGREEMENT SHALLGOVERN.
NOT WITHSTANDING ANYTHING TO THE CONTRARY IN THE GENERAL LICENSEA GREEMENT,
YOU MAY NOT TRANSFER OR ASSIGN THE PRODUCT OR ANY COPY THEREOF,
OR YOUR LICENSE TO USE THE PRODUCT TO A THIRDPARTY.
Revised November 2006