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This is a legal agreement between you and CrystalGraphics,
Inc. regarding the PowerPlugs: Music for PowerPoint
Helper plug-in and the PowerPlugs: Music Annual Subscription
(which are separately and/or collectively referred to
herein as the "Product"). The term Software is defined
as the Music for PowerPoint Helper plug-in software
and associated files included with it. The term Content
is defined as any music clips downloaded by or for the
customer in connection with the PowerPlugs: Music Annual
Subscription. By using the Content or the Software,
you agree to be bound by this Agreement. If you do not
agree, promptly discontinue use and uninstall the Product
(both Software and Content).
The end user license agreement is as follows:
This is a perpetual License at will and can be terminated
by CrystalGraphics at any time. Your right of usage
under this Agreement is the non-exclusive, non-transferable
right to use the Product in whole or in part in connection
with PowerPoint, Flash or video presentations delivered
via PC, CD, DVD or through the Internet, but not through
radio or television broadcasts.
You may install and use one copy of the Product. You
may not make copies, reproductions, translations or
modifications of or to the Product except you may make
a single archive copy of the Product for backup purposes.
The same copyright notice and proprietary markings as
appears on the original Product must be contained on
the archive copy.
All equipment accessing Content must be at one physical
location and be operating under one organization and
used by just one individual. You may not disassemble,
create derivative works, modify, reverse engineer, adapt,
or decompile the Product.
Neither the Product nor any portion thereof may be distributed,
rented, sold, given away, leased, sub-licensed or loaned
in any form. Additionally, you agree to take all steps
necessary to prevent any third party from duplicating
or distributing any portion of the Product. Use of logos
or trademarks without authorization from the owner is
denied.
LIMITED WARRANTY
CRYSTALGRAPHICS, INC. IS NOT RESPONSIBLE FOR THE INSTALLATION,
USE OF OR RESULTS OBTAINED FROM THE PRODUCT OR DOCUMENTATION,
IF ANY. CRYSTALGRAPHICS DOES NOT WARRANT YOUR REQUIREMENTS
WILL BE MET WITH THE PRODUCT'S FUNCTIONS OR THAT THE
PRODUCT'S OR POWERPOINT'S OPERATION WILL BE ERROR-FREE
OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.
CRYSTALGRAPHICS HAS USED REASONABLE EFFORTS TO MINIMIZE
ERRORS OR DEFECTS IN THE PRODUCT AND DOCUMENTATION.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM
USE, OR INABILITY TO USE THE PRODUCT AND DOCUMENTATION.
THE PRODUCT AND DOCUMENTATION IS PROVIDED AS IS WITHOUT
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT WILL CRYSTALGRAPHICS OR ITS AUTHORIZED REPRESENTATIVES
BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOSS OF
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR THE USE OF OR INABILITY TO
USE SUCH CRYSTALGRAPHICS PRODUCT AND DOCUMENTATION EVEN
IF CRYSTALGRAPHICS, INC. OR ITS AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY
TO YOU.
CRYSTALGRAPHICS' ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY AGAINST CRYSTALGRAPHICS, INC. OR ITS AUTHORIZED
REPRESENTATIVES FOR LOSS OR DAMAGE CAUSED BY ANY FAILURE
OR DEFECT OF THE PRODUCT OR DOCUMENTATION, REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE
A FULL OR PARTIAL REFUND OF THE PRICE OF THE PRODUCT
IF THE PRODUCT IS PROPERLY RETURNED WITHIN 30 DAYS OF
PURCHASE.
AFTER 30 DAYS YOUR ONLY REMEDY IS THE REPLACEMENT OF
THE PRODUCT. CONTACT YOUR ORIGINAL SOURCE OF PURCHASE
TO RECEIVE INSTRUCTIONS ON OBTAINING REPLACEMENT PRODUCT.
THIS WILL BE EXCLUSIVE OF ALL OTHER REMEDIES AGAINST
CRYSTALGRAPHICS, INC. AND ITS AUTHORIZED REPRESENTATIVE,
EXCEPT FOR YOUR RIGHT TO CLAIM DAMAGES FOR BODILY INJURY
TO ANY PERSON.
This license will terminate automatically
without notice from CrystalGraphics if you fail to comply
with any provision of this license. Upon termination,
you shall destroy all copies of the Product, including
all the Software and Content. If any provision of this
Agreement is held invalid, the remainder of the Agreement
shall remain in full force and effect. This Agreement
shall be governed by the laws of the County of Santa
Clara, State of California, USA.
The Product, including associated Software and Content
is owned by CrystalGraphics or licensed to CrystalGraphics
and is protected by international copyright laws. "PowerPlugs"
and "PowerPlugs: Music" are trademarks of
CrystalGraphics, Inc. Software copyright © 2008
CrystalGraphics, Inc. Each of the PowerPlugs: Music
Annual Subscription clips (the Content) is protected
via the copyright © 2008 of its respective music
developers which include NorthPoint Creative, Nightingale
Music Productions, Inc., Manuel Marino, Lynn Publishing,
Sound Loop Studio, and Webtones Ltd. PowerPoint is a
registered trademark of Microsoft, Inc. All other trademarks
and copyrights are property of their respective owners.
All rights not specifically granted to you by this Agreement
are reserved.
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