PlantStudio Version 2.x Copyright Notice and License Agreement The PlantStudio software program (including all documentation and data files) is Copyright (c) 1998-2001 Cynthia F. Kurtz and Paul D. Fernhout All Rights Reserved http://www.kurtz-fernhout.com PlantStudio is a trademark of Cynthia F. Kurtz and Paul D. Fernhout. PLEASE READ THIS LICENSE CAREFULLY BEFORE DOWNLOADING OR USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE. ==== Terms "Publisher" refers to Kurtz-Fernhout Software. "Software" refers to any copy of this software program including all documentation and data files. "Registration Details" are a registration name and code provided by the Publisher in return for payment or other consideration. "Unregistered Software" refers to any copy of Software for which you have not received Registration Details from the Publisher. "Registered Software" refers to any copy of Software for which you have received Registration Details from the Publisher. ==== License The Software is licensed, not sold, to you by the Publisher for use only under the terms of this License, and the Publisher reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but the Publisher and its licensors retain ownership of the Software itself. ==== Unregistered Software The Publisher grants you a one-time temporary license to use the Unregistered Software for a trial period of up to ten (10) hours of total use beginning from the time of first use. For example, you may use the Unregistered Software for one hour per day on ten separate days. If you use the Unregistered Software beyond this evaluation use period, the Software must be registered with the Publisher by paying the required fee. In no event may the Software be used after the ten-hour evaluation use period unless it has been registered with the Publisher. Your license to use the Unregistered Software includes any updates provided during the evaluation use period. However, any such update does not extend your ten-hour evaluation use period. Use of the Unregistered Software after the ten-hour evaluation use period is in violation of U.S. and international copyright laws. UNDER NO CIRCUMSTANCES ARE YOU LICENSED TO DISTRIBUTE OR PUBLICLY PRESENT ANY OUTPUT (WITHOUT LIMITATION INCLUDING BITMAPS, SCREEN SHOTS, PRINTOUTS, DATA FILES OR PORTIONS OF DATA FILES, OR DERIVATIVE WORKS THEREOF) CREATED USING THE UNREGISTERED SOFTWARE. As a single exception to this, you may include a small amount of output created using the Unregistered Software as examples in a review of the Software for purposes of demonstrating the Software's capabilities to potential users. After you register the Software, you may then distribute works created by you while using the Unregistered Software. Provided that you verify and clearly state that you are distributing the Unregistered Software without Registration Details, you are hereby licensed to make as many copies of the Unregistered Software as you wish; give exact copies of the original Unregistered Software to anyone; and distribute the Unregistered Software in its unmodified form via electronic means. You are specifically prohibited from charging, or requesting donations, for any such copies, however made (except the cost of the media and a fair estimate of the costs of computer time or network time directly attributable to the copying); and from distributing the Software with other products (commercial or otherwise) without prior written permission from the Publisher. ==== Registered Software After registration the Software will be termed Registered Software. The Registered Software may be used by a single person who uses the Registered Software personally on one or more computers, or it may be installed on a single workstation used non-simultaneously by multiple people, but not both. The Software is being "used" when it is loaded into random access memory or installed on a hard disk or other storage device. You may access the Registered Software through a network, provided that you have obtained individual licenses for the Registered Software covering all workstations that will access the Registered Software through the network. For instance, if eight different workstations will access the Registered Software on the network, each workstation must have its own license, regardless of whether they use the Registered Software at different times or concurrently. The copy of the Software on the network server, if used solely to provide copies of the software to workstations, shall not be considered as being in use. You may make copies of the Registered Software in machine-readable form solely for your own backup purposes as long as all such copies, along with the original, remain in your possession or control. Additionally, a teacher at a qualified educational institution using a copy of the Registered Software with a class may install a copy of the Registered Software at home for the purpose of preparing materials for that class. A qualified educational institution is a K-12 school, college or university, home schooling environment, community arts or sciences center, adult education center, or technical or vocational school. Registration of the Software entitles you to use all minor versions of the Software (e.g., versions 1.2, 1.5, 1.9) up to but not including the next major version (e.g., versions 2.0, 3.0, 4.0). For example, if you register the Software version 1.1, you are entitled to use all minor versions of the Software up to but not including major version 2.0. Notwithstanding any other terms in this License, if the Registered Software is licensed as an upgrade or update, then you may only use the Registered Software to replace previously validly licensed versions of the same Registered Software. You agree that the upgrade or update does not constitute the granting of a second license to the Registered Software (i.e., you may not use the upgrade or update in addition to the Registered Software it is replacing, nor may you transfer the Registered Software which is being replaced to a third party). You may not transfer Registration Details to any other party without the express permission of the Publisher in writing. ==== Restrictions The Software contains trade secrets in its human-perceivable form and, to protect them, to the maximum extent permissible by law, YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DECRYPT, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, MERGE, ADAPT, TRANSLATE, SUB-LICENSE, RENT, LEASE, LOAN, OR ASSIGN THE SOFTWARE OR ANY DERIVATION OR ANY PART THEREOF. YOU MAY NOT CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. As a single exception, you may modify the provided examples as part of your use of the Software. ==== Support Services The Publisher may provide you with Support Services related to the Software at its discretion. Use of Support Services is governed by the Publisher's policies and programs described in the Software's documentation, and/or in other Publisher-provided materials. Any supplemental information provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this License. With respect to technical information, ideas, or suggestions you provide to the Publisher regarding the Software, whether or not solicited by the Publisher, you grant that the Publisher may use such information for its business purposes, including for product support and development, on a worldwide, perpetual, non-revocable, assignable, royalty-free basis. The Publisher will not utilize such information in a form that personally identifies you without your permission. ==== Export Law Assurances You may not use or otherwise export or re-export the 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, the Software may not be exported or re-exported to (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Department of Commerce's Table of Denial Orders. By using the 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. ==== Disclaimer of Warranty The Software is provided "AS IS" and without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE PUBLISHER DOES NOT WARRANT THAT THE SOFTWARE IS FIT FOR THE PURPOSE FOR WHICH YOU INTEND TO USE IT, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, THE PUBLISHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE PUBLISHER OR AN AUTHORISED REPRESENTATIVE OF THE PUBLISHER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Particular attention is brought to the purpose of the evaluation period, which is for you to determine fitness for purpose prior to paying the registration fee. ==== Limitation of Liability Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Software. In no event will the Publisher, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if the Publisher or a Publisher's representative has been advised of the possibility of such damage. THE PUBLISHER'S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE MONEY PAID FOR THE SOFTWARE THAT CAUSED THE DAMAGES. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ==== Use with Third-Party Software The Software may interoperate with other third party software such as without limitation MetaCreations Painter or Paint Shop Pro. THE PUBLISHER MAKES NO REPRESENTATIONS AS TO THE FITNESS OF SUCH THIRD PARTY SOFTWARE FOR ANY TASK OR THAT IT WILL INTEROPERATE AS EXPECTED. Any use of such third party software is governed by its respective license which may impose additional restrictions on its use. ==== Termination This License is effective until terminated. This License will terminate immediately without notice from the Publisher or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, Registration Details, all accompanying written materials and all copies thereof. The Disclaimer of Warranty and Limitation of Liability described here will survive any termination. ==== Complete Agreement This License constitutes the entire agreement between the parties with respect to the use of 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 the Publisher. ==== Governing Law This License will be construed under the laws of the State of New York in the USA. ==== Government Use The Software is provided with RESTRICTED RIGHTS. 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 DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Kurtz-Fernhout Software at 221 N. Greeley Ave, Chappaqua, NY 10514; see our web site at http://www.kurtz-fernhout.com for any updates to contact information. ==== General If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. The paragraph titles in this License are for reference only and do not constitute part of the License. All trademarks are the property of their respective owners.