SPLASH TECHNOLOGY, INC.— LICENSE AGREEMENT
SPLASH TECHNOLOGY, INC.provides this program, and
licenses its use. The program includes the type software and
font outlines to which the type vendor retains all right, title and
interest. The type software and font outlines are licensed to
you as part of and under the terms and conditions of this
license agreement. You assume responsibility for the selection
of the program to achieve your intended results, and for the
installation, use and results obtained from the program.
You may:
a. use the program on a single machine;
b. copy the program into any machine-readable or printed
form for backup or modification purposes in support of your
use of the program on the single machine. (Certain programs,
however, may include mechanisms to limit or inhibit copying.
They are marked “copy protected.”);
c. modify the program and/or merge it into another pro-
gram for your use on the single machine. (Any portion of this
program merged into another program will continue to be sub-
ject to the terms and conditions of this Agreement.); and,
d. assign your rights under this Agreement to a third party
who notifies SPLASH TECHNOLOGY, INC.that it agrees to be
bound by this Agreement prior to assignment. At the same
time of such assignment, you must either transfer all copies of
the program whether in printed or machine-readable form to
the same party or destroy any copies not transferred; this
includes all modifications and portions of the program con-
tained or merged into other programs.
If the program includes an M Series Vewer “Client Soft-
ware” or Printer Description Files (“PPD”), for only the Viewer
and Printer Description Files software you may:
a. copy, install and use the Remote Viewer and Printer
Description Files software on an unlimited number of CPUs,
and
b. make one copy of the M Series Viewer disk in machine-
readable form for backup purposes only, in addition to c. and
d. above.
You must reproduce and include the SPLASH TECHNOL-
OGY, INC.copyright notice on any copy, modification or portion
merged into another program.
You may not use, copy, modify, or transfer the program, or
any copy, modification or merged portion, in whole or in part,
except as expressly provided in this license.
The license is effective until terminated. You may terminate
it at any other time by destroying the program together with all
copies, modifications and merged portions in any form. It will
also terminate if you fail to comply with any term or condition
of this Agreement. You agree upon such termination to destroy
the program together with all copies, modifications and
merged portions in any form.
DISCLAIMER AND LIMITED WARRANTY
SPLASH TECHNOLOGY, INC.warrants the media on
which the program is furnished to be free from defects in
materials and workmanship under normal use for a period of
ninety (90) days from the date of delivery to you as evidenced
by a copy of your receipt.
SPLASH TECHNOLOGY, INC.’s entire liability and your
exclusive remedy as to a medium shall be, at SPLASH TECH-
NOLOGY, INC.’s option, either the return of the purchase price
or replacement of the medium that does not meet SPLASH
TECHNOLOGY, INC.’s “Limited Warranty” and which is
returned to SPLASH TECHNOLOGY, INC.or an authorized
SPLASH TECHNOLOGY, INC.dealer with a copy of your
receipt. If failure of any medium has resulted from accident,
abuse, or misapplication, SPLASH TECHNOLOGY, INC. shall
have no responsibility to replace the medium or refund the pur-
chase price. Any replacement medium will be warranted for
the remainder of the original warranty period or 30 days,
whichever is longer. This warranty gives you specific legal
rights. You may have other rights, which vary from state to state.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PRO-
GRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU.
SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND
NOT COLORAGE INC., ITS DISTRIBUTORS, OR DEALERS)
ASSUME THE ENTIRE COST OF ALL NECESSARY SER-
VICING, REPAIR OR CORRECTION.
SPLASH TECHNOLOGY, INC.does not warrant that the
functions contained in the program will meet your require-
ments or that the operation of the program will be uninter-
rupted or error free. IN NO EVENT WILL COLORAGE INC.,
ANY DISTRIBUTOR OR DEALER BE LIABLE TO YOU FOR
ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST
SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE SUCH PROGRAM EVEN IF COLORAGE INC., ITS
DEALERS OR DISTRIBUTORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY
CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
You acknowledge that the structure and organization of the
program is the valuable trade secret of SPLASH TECHNOL-
OGY, INC.and is licensed to you on a non-exclusive basis. You
agree to hold such trade secrets in confidence. You further
agree not to translate, disassemble or reverse engineer the
program, in whole or in part. SPLASH TECHNOLOGY,
INC.retains title to the program.
You may not sublicense, assign or transfer the program or
license except as expressly provided for in this Agreement.
Any attempt otherwise to sublicense, assign or transfer any of
the rights, duties or obligations hereunder is void.
This Agreement will be governed by the laws of the Com-
monwealth of Massachusetts.
Should you have any questions concerning this Agree-
ment, you may contact SPLASH TECHNOLOGY, INC.by writ-
ing to SPLASH TECHNOLOGY, INC.Sales and Service, 555
Del Rey Avenue, Sunnyvale, CA 04086.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER
AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN YOU AND
COLORAGE INC. WHICH SUPERSEDES ANY PROPOSAL
OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN YOU AND COLOR-
AGE INC., RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.
NOTICE TO GOVERNMENT END USERS
If this program is acquired by or on behalf of any unit or
agency of the United States Government this provision
applies. This software (a) was developed at private expense,
and no part of it was developed with government funds, (b) is a
trade secret of SPLASH TECHNOLOGY, INC.for all purposes
of the Freedom of Information Act, (c) is “restricted computer
software” submitted with restricted rights in accordance with
52.227-19(a)-(d) of the Commercial Computer Software-
Restricted Rights Clause and its successors as expressly
stated in SPLASH TECHNOLOGY, INC.’s standard commer-
cial agreement incorporated into the contract or purchase
order between SPLASH TECHNOLOGY, INC.and the govern-
ment entity, (d) in all respects is proprietary data belonging
solely to SPLASH TECHNOLOGY, INC.and (e) is unpublished
and all rights are reserved under the copyright laws of the
United States.
For units of the Department of Defense (DOD), this pro-
gram is licensed only with “Restricted Rights” as that term is
defined in the DOD Supplement to the Federal Acquisition
Regulations, 252.227-7013(c)(1)(ii) and its successors and:
Use, duplication or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at 252.227-
7013. SPLASH TECHNOLOGY, INC., 555 Del Rey Avenue,
Sunnyvale, CA 04086.
If this program was acquired under a GSA Schedule, the
Government has agreed to refrain from changing or removing
any insignia or lettering from the program or the documenta-
tion that is provided or from producing copies of manuals or
media (except for backup purposes and in accordance with the
terms hereof) and (1) Title to and ownership of this program
and documentation or any reproduction thereof shall remain
with SPLASH TECHNOLOGY, INC.; (2) Use of this program
and documentation shall be limited to the facility for which it is
acquired; and (3) If the use of this program is discontinued at
the installation specified in the purchase/delivery order and the
Government desires to use it at another location, it may do so
by giving prior written notice to SPLASH TECHNOLOGY, INC.,
specifying the type of equipment and new location site. Gov-
ernment users other than under a DOD contract or GSA
schedule are hereby notified that use of this program is subject
to restrictions that are the same or similar to those set forth
above.
EUROPEAN COMMUNITY PROVISIONS
If this Software is used within a country of the European
Community, nothing in this Agreement shall be construed as
restricting any rights available under the European Community
Software Directive, O.J. Eur. Comm. (No. L. 122) 42 (1991).
Rev. 6/94
SPLASH TECHNOLOGY, INC.— LICENSE AGREEMENT
BY OPENING THE SEALED MEDIA PACKAGE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, RETURN THE UNOPENED PACKAGE WITHIN 10 DAYS TO THE
LOCATION WHERE YOU OBTAINED IT FOR A FULL REFUND.