TimeLinear Pro 2.38.0

TimeLinear 2.358

WESNELSON SOFTWARE END USER LICENSE AGREEMENT

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT

('EULA') IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN

INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR

AN ENTITY, AN ENTITY) AND WESNELSON. READ IT

CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND

USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE

TimeLinear 2.358

WESNELSON SOFTWARE END USER LICENSE AGREEMENT

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT

('EULA') IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN

INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR

AN ENTITY, AN ENTITY) AND WESNELSON. READ IT

CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND

USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE

SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY

DISCLAIMERS. BY SELECTING THE 'I ACCEPT' BUTTON IN

MACROMEDIA CENTRAL AND USING THE SOFTWARE, YOU ARE

CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING

TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO

NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL

THE SOFTWARE.

1. Definitions

(a) 'WESNELSON' means WESNELSON and its licensors, if any.

(b) 'Software' means the TIMELINEAR software program and any

third party software programs contained therein, in each case supplied by

WESNELSON herewith, and corresponding documentation, associated

media, printed materials, and online or electronic documentation, and all updates

or upgrades of the above that are provided to you.

(c) 'Software Trial Application' means a version of the Software, so identified,

to be used only to review, demonstrate and evaluate the Software for a limited

time period. The Software may have limited features and will cease operating

after a predetermined amount of time due to an internal mechanism within the

Software or within Macromedia Central.

2. License Grants

(a) You may install and use the Software on up to three (3) desktop computers

that have a Windows PC operating system (including desktop PC versions of

Windows 95, 98, 2000, NT, ME and XP (Home and Professional), a Macintosh

desktop operating system, a Linux desktop operating system, provided, however,

that, notwithstanding anything contrary contained herein, you may not use the

Software on any non-PC product or any embedded or device versions of the

above operating systems, including, but not limited to, mobile devices, internet

appliances, set top boxes (STB), handhelds, PDAs, phones, web pads, tablets,

game consoles, TVs, DVDs, gaming machines, home automation systems, kiosks

or any other consumer electronics devices or mobile/cable/satellite/television or

closed system based service. A license for the Software may not be shared,

installed or used concurrently on different computers.

(b) Your license rights under this EULA are non-exclusive.

3. License Restrictions

(a) You may not make or distribute copies of the Software, or electronically

transfer the Software from one computer to another or over a network.

(b) You may not alter, merge, modify, adapt or translate the Software, or

decompile, reverse engineer, disassemble, or otherwise reduce the Software to a

human-perceivable form.

(c) You may not sell, rent, lease, or sublicense the Software.

(d) You may not modify the Software or create derivative works based upon the Software.

(e) You may not export the Software into any country prohibited by the United

States Export Administration Act and the regulations thereunder.

(f) In the event that you fail to comply with this EULA, WESNELSON

may terminate the license and you must destroy all copies of the

Software (with all other rights of both parties and all other provisions of this

EULA surviving any such termination).

(g) Unless otherwise provided herein, you shall not (A) in the aggregate, install

or use more than one copy of the Software, (B) download the Software Trial

Application under more than one username, (C) alter the contents of a hard drive

or computer system to enable the use of the Software Trial Application for an

aggregate period in excess of the trial period for one license to such Software

Trial Application, or (D) use the Software Trial Application for a purpose other

than the sole purpose of determining whether to purchase a license to a

commercial version of the Software.

4. Ownership

The foregoing license gives you limited license to use the Software.

WESNELSON and its suppliers and partners retain all right, title and

interest, including all copyright and intellectual property rights, in and to, the

Software and all copies thereof. All rights not specifically granted in this EULA,

including Federal and International Copyrights, are reserved by

WESNELSON, its suppliers and its partners.

5. WARRANTY DISCLAIMER

(a) WESNELSON AND ITS SUPPLIERS AND PARTNERS

DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER

EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND

TITLE OR QUIET ENJOYMENT. WESNELSON DOES NOT

WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL

OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES

REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED

ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS

NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS

ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING

WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION,

MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES,

AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR

TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.

WESNELSON SPECIFICALLY DISCLAIMS ANY EXPRESS

OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH

RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE

LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF

DELIVERY.

(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY

WESNELSON, ITS DEALERS, DISTRIBUTORS, AGENTS OR

EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY

INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

(d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF

IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT

APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL

RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT

VARY FROM STATE TO STATE.

(e) WESNELSON shall have no responsibility if

the Software has been altered in any way, or FOR ANY

failure THAT arises out of use of the Software with

other than a recommended hardware configuration,

PLATFORM OR OPERATING SYSTEM.

6. LIMITATION OF LIABILITY

(a) NEITHER WESNELSON NOR ITS SUPPLIERS AND

PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR

ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR

CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,

DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS

DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS

INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR

INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY

OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF

WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT

LIABILITY OR OTHERWISE, EVEN IF WESNELSON OR

ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS

FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) WESNELSON'S TOTAL LIABILITY TO YOU FOR

ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE

LIMITED TO $1.

(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR

EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL

DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT

APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS

THAT VARY FROM STATE TO STATE.

(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED

TO APPLY TO ALL ASPECTS OF THIS EULA.

7. Basis of Bargain

The Warranty Disclaimer and Limited Liability set forth above are fundamental

elements of the basis of the agreement between WESNELSON and

you. WESNELSON would not be able to provide the Software on an

economic basis without such limitations. Such Warranty Disclaimer and Limited

Liability inure to the benefit of WESNELSON's licensors.

8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND

This Software and the documentation are provided with 'RESTRICTED RIGHTS'

applicable to private and public licenses alike. Without limiting the foregoing,

use, duplication, or disclosure by the US Government is subject to restrictions as

set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3

(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995),

FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: WESNELSON,

2274 E. Sunshine

Ste. 1

Springfield MO 65804.

9. (Outside of the USA) Consumer End Users Only

The limitations or exclusions of warranties and liability contained in this EULA

do not affect or prejudice the statutory rights of a consumer, i.e., a person

acquiring goods otherwise than in the course of a business.

The limitations or exclusions of warranties, remedies or liability contained in

this EULA shall apply to you only to the extent such limitations or exclusions are

permitted under the laws of the jurisdiction where you are located.

10. Third Party Software

(a) This Software does utilize third party software consisting of the Microsoft .NET framework.

11. Genera cl

This EULA shall be governed by the internal laws of the State of MISSOURI,

without giving effect to principles of conflict of laws. You hereby consent to the

exclusive jurisdiction and venue of the state courts sitting in GREENE

County MISSOURI or the federal courts in the 7TH

to resolve any disputes arising under this EULA. In each case this

EULA shall be construed and enforced without regard to the United Nations

Convention on the International Sale of Goods.

This EULA contains the complete agreement between the parties with respect to

the subject matter hereof, and supersedes all prior or contemporaneous

agreements or understandings, whether oral or written. You agree that any varying

or additional terms contained in any purchase order or other written notification

or document issued by you in relation to the Software licensed hereunder shall be

of no effect. The failure or delay of WESNELSON to exercise any

of its rights under this EULA or upon any breach of this EULA shall not be

deemed a waiver of those rights or of the breach.

No WESNELSON dealer, agent or employee is authorized to make

any amendment to this EULA.

If any provision of this EULA 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 EULA will remain in full force

and effect.

All questions concerning this EULA shall be directed to: WESNELSON,

jbrawner@trialpoint.net,

Attention: Jason Brawner.

WESNELSON and other trademarks contained in the Software are

trademarks or registered trademarks of WESNELSON in the

United States and/or other countries. Third party trademarks, trade names,

product names and logos may be the trademarks or registered trademarks of their

respective owners. You may not remove or alter any trademark, trade names,

product names, logo, copyright or other proprietary notices, legends, symbols or

labels in the Software. This EULA does not authorize you to use WESNELSON's

or its licensors' names or any of their respective trademarks.