📄 license.txt
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MACROMEDIA(r) SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA ") IS A LEGAL AGREEMENT BETWEEN YOU AND MACROMEDIA. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY MACROMEDIA HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
1. Definitions
(a) "Current Version" means the most current version, provided by Macromedia herewith, of the Software.
(b) "Education Version" means a version of the Software, so identified, for use by students and faculty of educational institutions, only.
(c) "End User Product" means an Output File, which contains the Macromedia Run-Time, generated by you. Examples of End User Products include the courseware, presentations, demonstration files, interactive multimedia material, interactive entertainment products and the like.
(d) "Macromedia" means Macromedia, Inc. and its licensors, if any.
(e) "Macromedia Run-Time" means that portion of the Software required in order for the End User Product to operate on hardware on which the Software itself is not resident.
(f) "Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only.
(g) "Output File" means an output file generated by you using the Software.
(h) "Prior Version" means, if Macromedia provides herewith a version of the Software that precedes the Current Version, such preceding version of the Software.
(i) "Software" means only the Macromedia software program(s) and third party software programs, in each case, supplied by Macromedia herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
(j) "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.
2. License Grants
(a) You may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. The foregoing notwithstanding, you may only use a Prior Version of the Software for the sole purpose of converting pre-existing files into a format compatible with a version of the Software subsequent to such Prior Version of the Software. A license for the Software may not be shared, installed or used concurrently on different computers.
(b) You may make copies of the End User Product, and the associated Macromedia Run-Time, and distribute those copies solely for internal use (i) by yourself or personnel within your organization or (ii) by one other party on whose behalf such End User Product was generated by you. You must enter into a separate Macromedia Run-Time Distribution Agreement if you wish to copy and distribute an End User Product, and its associated Macromedia Run-Time, other than as set forth in the first sentence of this Section 2(b). Please contact Macromedia for details regarding the Macromedia Run-Time Distribution Agreement. (You may telephone 800-449-3329 in the USA or see information regarding the Made With Macromedia Program on Macromedia's Web page: www.macromedia.com/support/programs/mwm/.). The foregoing notwithstanding, you may not distribute an End User Product the purpose of which is to replay the courseware, presentations, interactive multimedia material, interactive entertainment products and the like of others.
(c) In the event the Software is distributed along with other Macromedia software products as part of a suite of products (collectively, the "Studio"), the license of the Studio is licensed as a single product and none of the products in the Studio, including the Software, may be separated for installation or use on more than one computer.
(d) You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
(e) Education Versions may not be used for, or distributed to any party for, any commercial purpose.
(f) You agree that Macromedia may audit your use of the Software for compliance with these terms at any time, upon reasonable notice.
(g) Your license rights under this EULA are non-exclusive.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the Software.
(d) Other than with respect to a Trial Version or a Not For Resale Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, the Current Version and each of the Prior Versions included herewith, this EULA, and the serial numbers), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version or Not For Resale Version of the Software. If the copy of the Software is licensed as part of the Studio (as defined above), the Software shall be transferred only with and as part of the sale or transfer of the whole Studio and not separately.
(e) You may not modify the Software or create derivative works based upon the Software.
(f) You may not generate or create any Output File using a Prior Version of the Software, other than solely by converting a pre-existing file into a format compatible with a version of the Software subsequent to such Prior Version of the Software.
(g) The license of the Current Version and each of the Prior Versions of the Software provided herewith is licensed as a single product, and none of the Prior Versions of the Software provided herewith may be separated for installation or use on more than the single computer on which the corresponding Current Version is installed and used.
(h) End User Products of Education Version of the Software may not be distributed or used for any commercial purpose.
(i) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) download the Trial Version of the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one license to such Trial Version, (D) use or distribute any End User Product of the Trial Version of the Software for any commercial purpose and (E) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose.
(j) You shall not (A) use the Not for Resale Version of the Software for any purpose other than to review and evaluate the Software and (B) use or distribute End User Products of the Not for Resale Version of the Software for any commercial purpose.
(k) You may not export the Software or any End User Product into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(l) You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the Software is to be installed.
(m) In the event that you fail to comply with this EULA, Macromedia may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
4. Upgrades
If the copy of Current Version of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Current Version of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software, other than the Prior Versions of the Software provided herewith, or transfer it to another person or entity unless such transfer is pursuant to Section 3.
5. Prior Same Version License
If this copy of the Software is licensed as part of the Studio (as defined above), and you have a prior license to the same version, and the Studio was licensed to you with a discount based, in whole or in part, on your prior license to the same version, the Software is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your EULA with respect to such prior license and that you will not continue to install or use such prior license of the Software or transfer it to another person or entity.
6. Ownership
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