Animations (C) 1997 Nova Development Corporation, (C) 1997 IA Users Club, (C) 1997 Ezone, (C) 1997 Ogdemli Feldman Design and (C) 1997 WWWeb.Ready Corporation. Rights of all parties reserved.
Animation Explosion (hereinafter the "Software") is provided to you under license. No sale has occurred. This license agreement defines the ways in which you can use the Software and the animations it contains. License agreements included with GIF Animator and GIFmation define the terms for their use. Please read the corresponding agreement prior to using the software.
Please read this agreement as carefully as you would read any other legal document. If you find that its terms do not meet your needs or that you cannot agree to all of the conditions of this license, you may return the complete Software product with proof of purchase to Nova Development Corporation within 30 days for a full refund.
However, using the animations will indicate your acknowledgment that you have read this agreement and your acceptance of its terms.
1. Copyright. The Software, its documentation and related materials are copyrighted, 1997, by Nova Development Corporation and its licensors.
2. License. Nova Development Corporation grants you a nonexclusive license to use the Software and its contents in accordance with the terms of this license.
3. Use of Software. You may use the Software to develop web sites on one computer at a time. Nova Development sells site licenses separately, should you desire to use the Software to create web sites on multiple computer systems.
4. Copying the Software. You may not copy or reproduce any part of the Software, manual, or related documentation, except as permitted by the Copyright Act of the United States, Title 17, United States Code. You may not copy, lend, lease, rent, decompile, reverse-engineer, disassemble, or alter the Software in any way or remove or alter copyright notices.
5. Use of Animations; Distribution. You may modify and customize the animations, incorporate them into web pages, and distribute them as part of those pages via the Internet and Intranet systems. In no case may you distribute any of the files individually; sell, or receive any type of consideration for, the animations themselves or images derived therefrom; or offer any number of animations or images derived therefrom as part of your own library or other software product. Web developers may, however, distribute to their clients the files needed for their clients' sites in the ordinary course of business and, of course, charge for their services.
6. U.S. Government Restricted Rights. The Software and accompanying user documentation are licensed to the U.S. Government with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and the Commercial Computer Software clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Nova Development Corp., 23801 Calabasas Road, Suite 2005, Calabasas, California 91302.
7. Responsibility. Your own good judgment should guide you in the responsible use of the animations contained in the Software. You shall be completely responsible for the results of your use of the animations. You should be careful not to use the animations to create work that might be considered obscene by your government(s) and not to use animations that resemble well-known persons in a manner that suggests their endorsement of your product, service or cause.
In addition, certain animations may contain logos or other matter that are the trademarks, service marks or trade names of third parties. They are provided for convenience only to those users of the Software who are authorized by those third parties to reproduce their trademarks in print. Know your rights and always seek direct permission from the work's owner if you intend to use a third party's trademark.
8. Assignment. If you eventually sell the license to, or otherwise legally transfer, this Software to another party, that other party must agree to all of the terms of this license, and you may not retain any copies of the Software, documentation and related materials. All of your rights under this license will then cease.
9. Term. Your rights hereunder shall continue until the earlier of (a) your transfer of all rights to the Software as provided in Section 8 or (b) your failure to comply with any of the terms and conditions of this license.
10. Limited Warranty. Nova Development only warrants the media and documentation contained herein to be free from physical defects for a period of 90 days following your purchase of the product. If a physical defect occurs within that period, return the CD-ROM(s) or documentation to Nova Development for a free replacement. Except for those additional rights which might exist in your jurisdiction, the foregoing remedy is your sole remedy for breach of this warranty.
11. Limitations. With the exception of the foregoing express warranty, the Software is licensed to you "as is." Nova Development hereby disclaims any and all implied warranties, including without limitation warranties of fitness for a particular purpose, merchantability and non-infringement. Nova Development does not warrant, guarantee, or make any representations regarding the use or the results of the use of the Software in terms of its correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the Software is assumed by you. Nova Development, its management, dealers, agents, licensors and suppliers will not be liable to you or anyone else for consequential, incidental, indirect or special damages arising out of the use of the Software. In no event will Nova Development's total liability for damages ever exceed the price you have paid for this Software, regardless of the nature of the claim. Certain states and jurisdictions do not permit certain of these exclusions and limitations. Therefore, parts of this limitation of warranties and liability may not apply to you.
12. Money Back Guarantee. In addition to the Limited Warranty in Section 10, a limited-time money back guarantee is offered by Nova Development, as promoted on the outside of the Software box. If for any reason you are not satisfied with the Software, you may return it within 30 days for a complete refund. Most resellers will provide this refund to you directly. If the store where you purchased the Software does not offer a money back guarantee, you may return the complete Software package directly to Nova. You will need to call Nova Development at (818) 591-9600 for a return authorization number. Then send the Software, along with the original store receipt, to the attention of Returns Department at the address on the outside of the Software box. Note that Nova cannot accept returns without prior authorization.
13. Miscellaneous. This license constitutes the entire agreement between you and Nova Development Corporation and supersedes all prior understandings. Should any of the provisions of this license be found unenforceable by a court of competent jurisdiction, the remaining provisions shall nonetheless remain in full force and effect. This license agreement shall be governed by, and construed in accordance with, the laws of the State of California.