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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
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 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.
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