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Multiple LED-Wiz™ ActiveX Control V.89 Documentation (Preliminary) Ithaca Digital Visual Technologies Inc / www.GroovyGameGear.com
User License:
Multiple LED-Wiz Control
Copyright © 2006, IDVT Inc. / GroovyGameGear.com
All rights reserved.
Web site: http://www.groovygamegear.com
LICENSE AGREEMENT
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE
"SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL
AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS
AGREEMENT.
1. LICENSE GRANT. Ithaca Digital Visual Technologies, Inc. ("IDVT") grants you a license to use this SOFTWARE on any Personal Computer ("PC") to which an
LED-Wiz™ is physically connected. "You" means the company, entity or individual to whom the aforementioned PC belongs. "Use" means storing, loading,
installing, executing or displaying the SOFTWARE. Distribution of components of the SOFTWARE, as a part of another software package, is only permissible when
accompanied by this agreement and when permission is expressed in writing from an officer of IDVT. This license is not transferable to any other hardware product
or other company, entity, or individual. Permission to distribute the SOFTWARE is not transferable, assignable, saleable, or franchisable. Each entity wishing to use
or distribute the package must independently satisfy the terms of this license.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by IDVT. Your license confers no title or ownership in the SOFTWARE and should not be construed as a
sale of any right in the SOFTWARE.
3. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual
property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of
IDVT and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the
same proprietary notices which appear on and in the SOFTWARE.
4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
5. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except
as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.
6. U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall
be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013 (Oct 1988)
and FAR 52.227-19 (Jun 1987). The Contractor is IDVT.
7. NO OTHER WARRANTIES. IDVT DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. IDVT DISCLAIMS ALL OTHER WARRANTIES WITH
RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
8. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. IDVT DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE,
WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NEITHER IDVT NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS
SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
SUCH SOFTWARE, EVEN IF IDVT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE
BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
9. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of
this license.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL IDVT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF
IDVT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL IDVT'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
11. GOVERNING LAW. This agreement shall be governed by the laws of the New York State, excluding the application of its conflicts of law rules and shall inure to
the benefit of IDVT and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related
to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Tompkins County, NY. The parties hereby consent to in
personam jurisdiction of said courts.
12. ENTIRE AGREEMENT. This is the entire agreement between you and IDVT which supersedes any prior agreement or understanding, whether written or oral,
relating to the subject matter of this license.
13. RESERVED RIGHTS. All rights not expressly granted here are reserved to IDVT.
