Legal

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General Copyright Info

License

Description Of Other Rights And Limits

Upgrades

Copyright

Back Up Copy

U.S. Government Restricted Rights

Miscellaneous

Limited Warranty

Customer Remedies

No Other Warranties

Limitation of Liability

General Copyright Info

Chaparral Software & Consulting Services, Inc., the Chaparral Logo and Brushfire Logo are trademarks of Chaparral Software & Consulting Services, Inc. All other trademarks and registered trademarks are the property of their respective owners.

This manual and the Brushfire software are copyrighted 2001, 2002 by Chaparral Software & Consulting Services, Inc.

License

Agreement

Important – Read Carefully: This License Agreement is a legal agreement between you (either an individual or a single entity) and Chaparral Software & Consulting Services, Inc. ("Chaparral") for Brushfire, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Chaparral. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.

 

Software Product License

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

Grant Of License

This License Agreement grants you the following rights:

• Named User
You shall designate a single individual person, either yourself, or another member of your organization, to be the Named User for which this Grant of License applies.

• Applications Software
The Named User may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer, workstation, terminal, handheld PC, pager, "smart phone," or other digital electronic device ("COMPUTER"). The Named User may make a second copy for his or her exclusive use on a portable computer.

• Storage/Network Use
You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate NAMED USER who may RUN the SOFTWARE PRODUCT from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.

• Reservation Of Rights
All rights not expressly granted are reserved by Chaparral.

Description Of Other Rights And Limitations

• Not for Resale Software
If the SOFTWARE PRODUCT is labeled "Not For Resale" or "NFR", then notwithstanding other sections of this License Agreement, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell or otherwise transfer for value, the SOFTWARE PRODUCT or the output of the SOFTWARE PRODUCT.

• Limitations on Reverse Engineering
Decompilation and Disassembly: You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation.

• Separation of Components
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.

• Trademarks
This License Agreement does not grant you any rights in connection with any trademarks or service marks of Chaparral.

• Rental
You may not rent, lease, or lend the SOFTWARE PRODUCT or the use of the SOFTWARE PRODUCT.

• Software Transfer
This license is not transferable.

• Software Key Correction
In the event a Software Key is incorrectly generated, a new key may be requested within thirty days of purchase to correct the spelling of the Name, the Company or the Email Address of the Named User.

• Termination
Without prejudice to any other rights, Chaparral may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

Upgrades

If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Chaparral as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If the SOFTWARE PRODUCT (software programs or a component) upgrade was licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that product package and may not be separated for use on more than one COMPUTER.

Copyright

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, templates, Applescripts, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Chaparral or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License Agreement grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

Dual-Media Software
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user.

Back Up Copy

After installation of one copy of the SOFTWARE PRODUCT pursuant to this License Agreement, you may keep the original media on which the SOFTWARE PRODUCT was provided by Chaparral (if any) solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this License Agreement, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.

U.S. Government Restricted Rights

All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

 

Miscellaneous

If you acquired this SOFTWARE PRODUCT in the United States, this License Agreement is governed by the laws of the State of California.

If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply.

Should you have any questions concerning this License Agreement, or if you desire to contact Chaparral for any reason, please contact: Chaparral Software & Consulting Services, Inc., 429 Santa Monica Blvd., Suite 230, Santa Monica California 90401 USA.

Limited Warranty

LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE U.S. AND CANADA. Chaparral warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Chaparral shall be substantially as described in applicable written materials provided to you by Chaparral, and Chaparral support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

 

Customer Remedies

Chaparral’s and its suppliers’ entire liability and your exclusive remedy shall be, at Chaparral’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Chaparral’s Limited Warranty and which is returned to Chaparral with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Chaparral are available without proof of purchase from an authorized international source.

No Other Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHAPARRAL 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Chaparral or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Chaparral has been advised of the possibility of such damages. In any case, Chaparral’s entire liability under any provision of this License Agreement shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S. $5.00. However, if you have entered into a Chaparral Support Services Agreement, Chaparral’s entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

 

Copyright © 2001, 2002 Chaparral Software & Consulting Services, Inc.
 

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Revision 4 February 8, 2002