8. NO OTHER WARRANTIES
Except for the above express limited warranties, Serif and its
suppliers make and licensee receives no warranties or
conditions, or terms, express, implied, statutory, or in any
communication with licensee. To the maximum extent
permitted by applicable law, Serif and its suppliers disclaim all
other warranties and conditions, either express or implied,
including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title and non-
infringement, with regard to the software product and the
provision of or failure to provide support services. Licensee
shall be solely responsible for the selection, use, efficiency and
suitability of the software product and serif shall have no
liability therefor. Serif shall have no liability for, nor obligation
to indemnify licensee regarding actions alleging the
infringement of proprietary rights by the software product. Serif
does not warrant that the operation of the software product will
be uninterrupted or error free or that the software product will
meet licensee’s specific requirements. The Limited Warranty
gives you specific legal rights. You may have others, which
vary from state/jurisdiction to state/jurisdiction.
9. LIMITATION OF LIABILITY
In no event will Serif or its suppliers be liable for loss of data,
corruption, lost profits, cost of cover, or other special,
incidental, punitive, consequential, or indirect damages arising
from the use of the software product (including any
accompanying documentation), however caused and on any
theory of liability. This limitation will apply even if Serif or an
authorized distributor has been advised of the possibility of
such damage. In no event will Serif’s liability exceed the
amount paid for the software product. Licensee acknowledges
that the amounts paid by licensee for the software product
reflect this allocation of risk. Some states or other jurisdictions
do not allow the exclusion or limitation of liability for
incidental or consequential damages, so the above limitations
and exclusions may not be applicable in certain instances. None
of the above affects the statutory rights of licensees residing in
the United Kingdom.
10. NOT FOR RESALE SOFTWARE
If the Software Product is labeled “Not for Resale” or “NFR,”
then, notwithstanding section 1 of this License, your use of the
Software Product is limited to use for demonstration, test, or
evaluation purposes.
11. NO RENTAL; OTHER TRANSFERS
You may transfer this License to another computer or
workstation only on a permanent basis (that is, with no intent to
transfer again) provided the computer, workstation, or other
digital electronic device from which you have transferred this
License no longer accesses or otherwise utilizes the Software
Product, and the Software Product is used in accordance with
the terms of this License Agreement.
12. TERMINATION
You may terminate this License Agreement at any time. Serif
may terminate this License Agreement if you fail to comply
with the terms and conditions of this License Agreement. In
either event, you must destroy all copies of the Software
Product.
13. UPGRADE
If this License is an “Upgrade,” you must have a valid license
for the Prior Software for this License Agreement to be valid,
and this License Agreement must be used to replace such
license for the Prior Software. The total number of license
“Upgrades” you may acquire may not exceed the total number
of computers, workstations, or other digital electronic devices
that were licensed to access or otherwise utilize the Software
Product at the time you upgraded the Software Product.
14. GUIDELINES FOR THE USE OF DIGITAL
CONTENT IMAGES
This product contains numerous clipart and photo images and/or
video and audio media files (collectively referred to as the
“Digital Content”) which are either owned by Serif or licensed
from a third party. As a user of this product you are free to use,
modify, and publish the Digital Content as you wish subject to
the restrictions set out below. If you are uncertain as to whether
your intended use complies with the guidelines set out below,
we recommend that you seek the advice of your own attorney or
legal counsel.
A. YOU MAY, subject to any restrictions set out below:
1. Incorporate any Digital Content into your own original work
and publish, display, and distribute your work in any media.
You may not, however, resell, sublicense, or otherwise make
available the Digital Content for use or distribution separately
or detached from a product or Web page. For example, the
Digital Content may be used as part of a Web page design, but
may not be made available for downloading separately or in a
format designed or intended for permanent storage or reuse by
others. Similarly, clients may be provided with copies of the
Digital Content (including digital files) as an integral part of a
work product, but may not be provided with the Digital Content
or permitted to use the Digital Content separately or as part of
any other product;
2. Make one (1) copy of the Digital Content for backup or
archival purposes.
B. YOU MAY NOT:
1. Create scandalous, obscene, defamatory, or immoral works
using the Digital Content nor use the Digital Content for any
other purpose prohibited by law;
2. Use or permit the use of the Digital Content or any part
thereof as a trademark or service mark, or claim any proprietary
rights of any sort in the Digital Content or any part thereof;
3. Use the Digital Content in electronic format, on-line, or in
multimedia applications unless (a) the Digital Content is
incorporated for viewing purposes only and (b) no permission is
given to download and/or save the Digital Content for any
reason;
4. Rent, lease, sublicense, or lend the Digital Content, or a copy
thereof, to another person or legal entity. You may, however,
transfer all your license to use the Digital Content to another
person or legal entity, provided that (a) you transfer the Digital
Content and this License, including all copies (except copies
incorporated into your work product as permitted under this
License), to such person or entity, (b) that you retain no copies,
including copies stored on a computer or other storage device,
and (c) the receiving party agrees to be bound by the terms and
conditions of this License;
5. Use any Digital Content except as expressly permitted by this
License.
15. MISCELLANEOUS
This Agreement shall not be governed by the 1980 U. N.
Convention on Contracts for the International Sale of Goods;
rather, this Agreement shall be governed by English law. This
Agreement constitutes the entire agreement between Serif and
Licensee and supersedes all prior agreements, understandings,
communications, advertising, proposals or representations, oral
or written, by either party. If any provision of this Agreement is
held invalid or unenforceable, such provision shall be revised to
the extent necessary to cure the invalidity or non-enforceability,
and the remainder of this Agreement shall continue in full force
and effect. This Agreement shall be amended only by an
executed writing by authorized representatives of both parties.
