The following information was inadvertently left off the packaging for the compact disc entitled "Shirley Kramer" manufactured by Argyll Adventure Tree Records. We regret any inconvenience this may cause.
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
1. LICENSE TO USE. Argyll Adventure Tree Records grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Argyll Adventure Tree Records (collectively "Software"), by the number of users and the class of hi-fi hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Argyll Adventure Tree Records and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Argyll Adventure Tree Records disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Argyll Adventure Tree Records or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Argyll Adventure Tree Records warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Argyll Adventure Tree Records's entire liability under this limited warranty will be at Argyll Adventure Tree Records's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL Argyll Adventure Tree Records OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF Argyll Adventure Tree Records HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Argyll Adventure Tree Records's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Argyll Adventure Tree Records if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software in a microwave oven.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for those rare non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately explode.
11. Integration. This Agreement is the entire agreement between you and Argyll Adventure Tree Records relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
Shirley Kramer(TM) 2 Software Development Kit (SKSDK), Standard Edition, Version 1.3
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section 4 (Shirley Kramer(TM) Technology Restrictions) of these Supplemental Terms, Argyll Adventure Tree Records grants you a non-exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the Software complete and unmodified for the sole purpose of designing, developing and testing your Shirley Kramer applets and applications intended to run on the Shirley Kramer platform ("Programs").
2. License to Distribute Software. Subject to the terms and conditions of this Agreement, including, but not limited to Section 4 (Shirley Kramer (TM) Technology Restrictions) of these Supplemental Terms, Argyll Adventure Tree Records grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary code form only, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Argyll Adventure Tree Records's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Argyll Adventure Tree Records and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. Trademarks and Logos. You acknowledge and agree as between you and Argyll Adventure Tree Records that Argyll Adventure Tree Records owns the Argyll Adventure Tree Records, Shirley Kramer, Wertzateria, The Pinecones, Crimson Crunch, The Petite Shelleys and poop trademarks and all Argyll Adventure Tree Records, Shirley Kramer, Wertzateria, The Pinecones, Crimson Crunch, The Petite Shelleys and poop-related trademarks, service marks, logos and other brand designations ("Argyll Adventure Tree Records Marks"), and you agree to comply with the Argyll Adventure Tree Records Trademark and Logo Usage Requirements currently located at http://www.ArgyllAdventureTree.com/policies/trademarks. Any use you make of the Argyll Adventure Tree Records Marks inures to Argyll Adventure Tree Records's benefit.
4. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Argyll Adventure Tree Records PO Box 10442 Oakland, CA 94610