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Cinemage User Manual
Version 4.1.x ©2009
responsible for any copyright infringement that is caused or incurred by your failure to abide by the terms
of this Agreement. Subject to these restrictions, you may make a single backup copy of the Software. You
may use the backup copy solely for your archival purposes and to reinstall the Software on the Product.
You must reproduce and include any copyright notice on any copy. You may not sell, loan, rent, lease,
lend, transfer, assign or otherwise dispose to anyone else the backup copy. Except as expressly provided
in this Agreement or by local law, you may not otherwise make copies of the Software, including any
printed materials accompanying the Software (the "Documentation"). If this Software contains
Documentation, you may copy such Documentation for your internal use only. IF YOU TRANSFER
POSSESSION OF ANY COPY, OF THE SOFTWARE OR RELATED MATERIAL TO ANOTHER PARTY,
THIS LICENSE IS AUTOMATICALLY TERMINATED.
3.
Ownership of Software.
All title and intellectual property rights in and to the
Software (including but not limited to any images, photographs, animations, video, audio, music, text and
“applets”, incorporated into the Software), the Documentation and any copies of the Software or
Documentation are owned by or licensed to Cine-tal. You agree that no title to the Software or
Documentation is transferred to you, and that all rights not expressly granted to you in this Agreement are
reserved by Cine-tal. Use of any online services of Cine-tal may be governed by the respective terms of
use related to such services.
4.
Assignment/Sublicense.
Except as provided herein, or with Cine-tal’s prior
written consent, neither this Agreement nor any rights or obligations under this Agreement, in whole or in
part, shall be sublicensed, assigned or otherwise transferred and any attempt to sublicense, assign, or
transfer this Agreement or any rights or obligation under this Agreement shall be null and void.
5.
Termination.
This license is effective upon opening and using the Product and
also applies to any additional Upgrades you may receive from Cine-tal. You may terminate it at any time
by destroying the Software and the related material together with all copies, modifications, and merged
portions in any form. This license will also terminate upon conditions set forth elsewhere in this
Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such
termination: (a) to destroy the Software and Documentation together with all copies, modifications, and
merged portions in any form, and to provide Cine-tal with written certification of destruction; or (b) return
the Product together with the Software and Documentation and all copies, modifications, and merged
portions in any form to Cine-tal.
6.
Damages.
In the event the Agreement is terminated due to your breach of the
terms of this license, you agree to promptly return the Product, Software, and Documentation to Cine-tal,
including all copies. You further agree that it is virtually certain that Cine-tal would be damaged due the
unauthorized copying, distribution, or reverse engineering of the Software and that the precise amount of
such damages is difficult or impossible to calculate. Accordingly, you agree to the imposition of liquidated
damages in an amount equal to the maximum statutory damages available per infringing copy. Cine-tal
shall be entitled to its reasonable attorney's fees and costs associated with enforcing its rights under this
Agreement.
