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Cinemage User Manual
Version 4.1.x ©2009
Official Notices
Limitation of Liability
CINE-TAL SYSTEMS INC SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES; FOR DAMAGES THAT DIRECTLY OR INDIRECTLY ARISE FROM
YOUR USE OF, OR INABILITY TO USE, THE SYSTEM; FOR COMMERCIAL LOSS OF ANY KIND;
FOR THE PROCUREMENT OF SUBSITIUTE GOODS—WHETHER ARISING IN TORT, CONTRACT
OR ANY OTHER LEGAL THEORY, EVEN IF CINE-TAL SYSTEMS INC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, CINE-TAL SYSTEMS INC’S LIABILITY SHALL
BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SYSTEM GIVING RISE TO ANY
SUCH DAMAGE. THIS LIMITATION IS INTENDED TO LIMIT CINE-TAL SYSTEMS INC’s LIABILITY
AND SHALL NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
CINE-TAL FIRMWARE / SOFTWARE
LICENSE AGREEMENT AND HARDWARE WARRANTY
BEFORE YOU OPEN AND USE THE ENCLOSED PRODUCT THAT INCORPORATES THE
FIRMWARE & SOFTWARE SUBJECT TO THIS LICENSE, YOU SHOULD CAREFULLY READ THE
FOLLOWING LICENSE AGREEMENT AND WARRANTY. BY OPENING THE PACKAGE AND USING
THE PRODUCT/SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU
DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU SHOULD PROMPTLY RETURN THE
UNUSED PRODUCT TO CINE-TAL SYSTEMS, INC. ("Cine-tal"), AND YOUR MONEY WILL BE
REFUNDED. PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT
BETWEEN CINE-TAL AND YOU.
I. Firmware & Software License Agreement
WARNING:
THE FIRMWARE & SOFTWARE (HERINAFTER REFERRED TO AS “SOFTWARE”)
INSTALLED ON THE ENCLOSED PRODUCT IS PROTECTED BY COPYRIGHT LAWS AND
INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS
AND TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE, OR
ANY PORTION OF IT, MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES, AND WILL BE
PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW. THE SOFTWARE IS
LICENSED, NOT SOLD.
1.
Grant of License.
Subject to the terms and conditions of this Agreement and in
consideration for your purchase of the enclosed Cine-tal product (the "Product"), Cine-tal grants you a
nonexclusive, nontransferable, limited license, without right of sublicense, to use the software installed on
the Product and any updates and modifications to the Product (collectively “Software”) as set forth in this
Agreement. Cine-tal shall provide you with any enhancements, updates, modifications, patches, error
corrections or upgrades (collectively, "Upgrades") to the major version of its Software currently licensed to
you under this Agreement within a commercially reasonable time after its general public release. In the
event Cine-tal develops and releases a newer version of the Software, you are not entitled to such newer
version under this Agreement. This Agreement is for a license of intellectual property, and not for the sale
of goods (even though some tangible items may be provided) and not governed by the Uniform
Commercial Code.
2.
Restrictions.
The Software is protected by both United States copyright law and
international treaty provisions. Unauthorized copying of the Software is expressly forbidden. You may not
distribute copies of the Software to others, including but not limited to, your consultants, affiliates,
independent contractors, or any other third party. You may not modify, adapt, translate, reverse engineer,
decompile, disassemble, or create derivative works based on the Software. You may be held legally
