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Be sure that you have read and accept the terms of the Stagecast Software Privacy Policy and Legal Notices and the terms of the following Stagecast License Agreement:
STAGECAST SOFTWARE, INC.
LICENSE AGREEMENT FOR
STAGECAST CREATOR EVALUATION VERSION AND PLAYER RELEASE 2.0
AUGUST 14, 2001 VERSION
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE LICENSED SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE LICENSED SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD, INSTALL OR USE THE LICENSED SOFTWARE.
THIS LICENSE APPLIES TO FREE STAGECAST PRODUCTS ONLY. IT DOES NOT APPLY TO ANY PRODUCTS OFFERED BY STAGECAST FOR SALE.
1.License. All software, sims, art, sounds, fonts and documentation (the "Installed Software"), including the Stagecast installer program (the "Installer"), accompanying this License (collectively, the "Licensed Software") are licensed, not sold, to you by Stagecast and its licensors, except for third-party products (the "Distributed Software") which are licensed, not sold, to you by their respective licensors. You will own any media on which the Licensed Software is recorded but Stagecast and its licensors retain title to the Licensed Software. The Licensed Software and any copies which this License authorizes you to make are subject to this License.
The Licensed Software, and all intellectual property contained therein, are, and shall remain the sole and exclusive property of Stagecast and its licensors.
Stagecast is merely distributing the Distributed Software to you. Each component of the Distributed Software is subject to its own license agreement by its respective supplier. Each such license agreement is available either (a) as part of the Licensed Software in the folder entitled "Licenses" or (b) in the separate folder or installer for that component. By entering into this License, you also agree to be bound by the terms of such license agreements applicable to the Distributed Software.
2.License and Restrictions. Stagecast hereby grants to you a non-exclusive, non-transferrable license to: (I) install and use the Installed Software on any number of computers under your control and (ii) copy and distribute the Installer, but not the Installed Software, to other individuals without limitation. You may copy the Installed Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law, you may not, and shall not authorize any third party to: (i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, transfer, assign, distribute, sublicense, create derivative works from the Licensed Software or transmit the Installed Software over a network; (ii) translate the Licensed Software into another computer language or reproduce or distribute the Licensed Software other than specifically authorized in this License. The Licensed Software will be deemed accepted on delivery, and you hereby waive any and all rights of rejection.
You acknowledge that the Licensed Software may contain code to deactivate or delete it after a certain time ("time bombs") or other license management software. This License (and your license to the Licensed Software) shall automatically terminate on the earlier of: (a) your failure to comply with any of its terms or (b) the end of the period set in any time bomb or any other license management device. In the event of termination, you shall immediately destroy all copies of the Licensed Software licensed under this License.
3.Limited Warranty. THE LICENSED SOFTWARE AND ALL OTHER MATERIALS PROVIDED HEREIN ARE PROVIDED "AS IS", AND STAGECAST AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS AS TO TITLE, NONINFRINGEMENT, QUALITY, MERCHANTABILITY AND FITNESS FOR PURPOSE. Some jurisdictions do not allow the foregoing disclaimer of warranties, so this limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
4.Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL STAGECAST OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR THE LICENSED SOFTWARE. IN NO EVENT SHALL STAGECAST'S OR ITS SUPPLIERS' TOTAL LIABILITY TO YOU FOR ANY DAMAGES EXCEED $50. Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.
5.Export. You may not use or otherwise export or re-export the Licensed Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, none of the Licensed Software may be used or otherwise exported or re-exported (i) into (or to a national resident of) a United States embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By downloading or installing the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. The foregoing provision shall survive any expiration or termination of this License.
6.U.S. Government End Users. The Licensed Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Licensed Software with only those rights set forth herein.
7.Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of California without giving effect to conflicts of laws principles. Both parties submit to jurisdiction in California and further agree that any cause of action arising under this License shall be brought in a state or federal court in San Mateo or Santa Clara County, California, save that Stagecast may bring actions in any court worldwide for infringement of its proprietary rights in the Software and other matters relating to the same subject matter. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
8.Complete Agreement. This License constitutes the entire agreement between the parties with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Stagecast.
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