CAREFULLY READ THE FOLLOWING LICENCE AGREEMENT BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
The following definitions apply to the terms as they appear in this Agreement:
Software means the computer program(s) contained on the CD in this sealed package, all copies of any part of the computer program(s), and all updates to the computer program(s).
Documentation means the user's manual(s) and other printed materials accompanying the Software. Product means the Software and Documentation.
Agreement means this Licence Agreement in its entirety.
Cartoons means the cartoon artwork contained on the Software.
Make 'Em Laugh. means Make 'Em Laugh Ltd.
The Product is owned by Make 'Em Laugh., under exclusive licence from its suppliers and is protected by United States and international copyright laws and international trade provisions. You must treat the Product like any other copyrighted material. This Agreement and your right to use the Product terminate automatically if you violate any part of this Agreement. In the event of termination, you must immediately destroy all copies of the Product or return them to Make 'Em Laugh. In return for you having purchased the Product, Make 'Em Laugh. licences you (subject to the restrictions set out below) to:
use one copy of the Cartoons on a single computer ("Dedicated Computer");
copy the Cartoons onto the hard disk of your Dedicated Computer and retain the CD for archival purposes;
after written notification to Make 'Em Laugh., transfer the entire Product on a permanent basis to another person or entity, provided you retain no copies of the Cartoons and the transferee agrees to the terms of this Agreement;
incorporate Cartoons in your electronic documents stored locally provided Cartoons are duplicated in their entirety (i.e., as a complete comic strip or cartoon panel, un-edited);
distribute freely any printed documents containing the Cartoons provided the document has no commercial value;
use the cartoons as an incidental part of any non-electronic product or collection of products which are distributed commercially (i.e., distributed for profit, such as a newsletter or general business correspondence) provided the use or distribution of any Cartoons does not constitute a substantial portion of the value of the goods distributed commercially. For the purposes of this section, "use" means loading the Software into RAM, as well as installation onto a hard disk or other storage device (other than a network server). You may access the Software from a hard disk or any other method you choose, so long as you otherwise comply with this Agreement.
You may not:
use a cartoon in or allow it top be used in or printed in any newspaper, magazine or publication of any sort which accepts paid advertising and has a circulation of more than 10,000 copies;
distribute Cartoons in any way as part of a software product or as part of an electronic document or collection of documents without written permission from Make 'Em Laugh.;
use a Cartoon as part of a company logo, on a poster, hat, T-shirt, or similar commercial or promotional product produced in quantity totalling over 1000 pieces without written permission from Make 'Em Laugh;
let the Cartoon in any way convey endorsement of a product, service, person, or company;
sell a Cartoon on a greeting card, stationery, or any other commercial paper product where the Cartoon is the primary value of the commercial paper product (i.e. a Cartoon on a newsletter is acceptable as long as the written content of the newsletter is the primary value, whereas selling stationary with a Cartoon acting as a logo or design on a piece of stationery is the primary value of the stationery);
modify, translate, or merge the Cartoons with other programs, except for your personal use on a single computer; copy the documentation;
licence, rent, or lease any portion of the Product; reverse-engineer, disassemble, decompile, or make any attempt to discover the source code of the Software;
resize a cartoon to a size greater than 8.5 inches by 11.00 inches.
Make 'Em Laugh warrants the CD(s) on which the Software is distributed to be free from defects in materials and workmanship and that the Software will perform substantially in accordance with the Documentation for a period of 360 days from your receipt of the Product. Any oral or written information, or advice given by Make 'Em Laugh's dealers, distributors, agents, or employees will in no way increase the scope of this warranty. The following provisions set out Make 'Em laugh's entire liability (including any liability for the acts and omissions of its dealers, distributors, agents, employees or sub-contractors) to you in respect of: any breach of its contractual obligations arising under this agreement; any representation statement or tortious act or omission including negligence arising under or in connection with this agreement. YOUR ATTENTION IS DRAWN IN PARTICULAR TO THESE PROVISIONS Any act or omission on the part of Make 'Em Laugh or its employees, agents or sub-contractors falling within the above provisions is called "an event of default". Make 'Em Laugh's liability to you for death or injury resulting from its own or that of its employees, agents or sub-contractor's negligence shall not be limited. If the Product fails to comply with the warranty given above Make 'Em Laugh's entire liability and your exclusive remedy will be replacement of the CD or, at Make 'Em Laugh's option, Make 'Em Laughs reasonable effort to make the Product meet the warranty. This only applies if you return all copies of the Product, along with a copy of your paid invoice, to an authorised dealer of Make 'Em Laugh within 360 days of the date you received the Product. If Make 'Em Laugh is unable with reasonable efforts to make the Product conform substantially in accordance with the Documentation for the period of 360 days from the date of your receipt, Make 'Em Laugh at its option will refund all or a fair portion of the price you paid for the Product. Any replacement software will be warranted for the remainder of the original 360 day warranty period or for 30 days from the date you receive the replacement, whichever is the longer. Make 'Em Laugh will accept liability to you in respect of damage to your tangible property resulting from the negligence of Make 'Em Laugh or its employees, agents or sub-contractors but the Company's entire liability in respect of any events of default shall be limited to damages of an amount equal to the price you paid for the Product but this is subject to the provisions of the clause above relating to death or injury.
Apart from the conditions above, Make 'Em Laugh shall not be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, or other pecuniary loss) arising out of the use of or inability to use this Product of Make 'Em Laugh., even if Make 'Em Laugh. had been advised of the possibility of such damages or if the loss was reasonably foreseeable. The foregoing limitations of warranty and liability inure to the benefit of Make 'Em Laugh's partners having an interest in the package.
Product support for all of Make 'Em Laugh's Products is available only through our European Technical Support Division for people living in the European Community who have returned their registration card. This Agreement constitutes the entire agreement between you and Make 'Em Laugh. and supersedes any prior agreement concerning the contents of this package. It shall not be modified except by written agreement dated subsequent to the date of this agreement signed by an authorised Make 'Em Laugh. representative. Make 'Em Laugh. is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Make 'Em Laugh. specifically agrees to the provision in writing. This Agreement is governed by the laws of England.
Make 'Em Laugh. grants you the right to use this software on one computer, or CPU (central processing unit) only. However, we realise others in your office will see how much fun (and more profitable) your fax cover sheets, correspondence, newsletters, and other communications are because of Make 'Em Laugh! They'll want to be in on the fun too. For this reason, we offer low-cost, multi-user Site Agreements for each of the products in the Make 'Em Laugh! family. Only by owning this software under one of our Site Agreements can you legally copy and use the Cartoons on additional computers. To purchase a Site Agreement for your company, fax 01480 497458 and ask for a Multi-Site licenced agreement. We will fax back a Site Agreement for you to complete and return to us. That's all you need to do! Without a Site Agreement, this software may not be loaded onto any kind of computer network. Please contact Make 'Em Laugh. directly with any questions you might have about our Site Agreements.