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TOONKIT CARTOON BUILDER SOFTWARE LICENCE AGREEMENT
ToonKitsm Cartoon Builder v. 1.0
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Important Notice: This ToonKit Software License Agreement (relating to the ToonKit Cartoon Builder application and its associated applications, such as ToonKard, etc.) Supersedes Any Previous ToonKit Printed or Electronic License Agreement.

BY INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT INSTALL THE SOFTWARE. IF SOFTWARE HAS ALREADY BEEN INSTALLED DELETE IMMEDIATELY.

TOONKIT SOFTWARE LICENSE AGREEMENT

This Agreement sets forth the terms and conditions of your use of the accompanying ToonKit software product(s) (the "Software"). As used in this Agreement the terms "Creators" and "Licenser" shall both refer to John G. Keating and Gerard P. O'Grady, the creators of ToonKit.

LICENSE GRANT. The Licenser grants you a non-exclusive license to use the Software and accompanying digital assets ("Digital Assets"), subject to the limitations below. If the Software is Standard (Standard meaning the original, generic versions of ToonKit, its associated applications, and/or its respective Digital Assets), there is no fee for this license. If the Software is any ToonKit application software product other than Standard Software this license grant is subject to the payment of applicable license fees. The license granted under this Agreement does not grant you any right to any change, enhancement or update to the Software or accompanying Digital Assets.

LIMITATIONS ON USE. With respect to all Software and accompanying Digital Assets, you may not:
  • modify, translate, reverse engineer, disassemble, or create derivative works based on the Software;

  • rent, lease, grant a security interest in, or otherwise transfer rights to the Software;

  • remove or alter any servicemark, trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software, or in copies you have made of the Software.

  • distribute individual files, only the original archive may be distributed, complete with this licence agreement.


DISCLAIMER OF WARRANTY FOR SOFTWARE. Software is provided on an "as is" basis, without warranty of any kind, including without limitation the warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective in any respect, you and not the Licenser or its distributors assume the entire cost of any service and repair. You yourself must determine that the Software sufficiently meet your requirements. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the Software is authorised hereunder except under this Disclaimer.

THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY THE LICENSER. THE LICENSER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. NO DISTRIBUTER, AGENT, OR LICENCEE OF THE LICENSER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.

TITLE. Title, ownership rights, and intellectual property rights in the Software, Digital Assets, and Documentation shall remain the Creators (namely John G. Keating and Gerard P. O'Grady). You acknowledge such ownership and intellectual property rights and will not take any action to jeopardise, limit or interfere in any manner with the Creators' ownership of - or rights - with respect to the Software, Digital Assets, and Documentation. The Software, Digital Assets, and Documentation are protected by copyright and other intellectual property laws and by international treaties.

TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Digital Assets. In the case of licensed software your obligations to pay accrued charges and fees shall survive any termination of this Agreement.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL THE LICENSER OR ITS DISTRIBUTERS, AGENT, OR OTHER LICENCEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE LICENSER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT THE LICENSER RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF THE LICENSER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

ToonKitsm Cartoon Builder, ToonKardsm Card Creator, and ToonViewsm Card Viewer are servicemarks of the Creators.

The Creators retain intellectual rights (including but not limited to servicemarks, trademarks, copyrights, and patents) to the unique processes (software and otherwise) used within the ToonKit applications. These intellectual rights are independent of this licence agreement. As such, any instances where the agreement is found to be non-enforceable, or any timespan associated with this licence, does not relate or impinge on the intellectual rights of the Creators.

This agreement and all relationships construed in relation to International law.

TKL#1999-01-27-A


Copyright © 1999, John G. Keating & Gerard O'Grady First time visitors, please read the Legal document.