Copyright © 1999 by Amiga International Inc., Germany. All rights Reserved. This document may not in whole or in part, be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine readable form without prior consent, in writing, from Amiga International Inc. If this product is being acquired for on behalf of the United States of America, its agencies and/or instrumentalities, it is provided with RESTRICTED RIGHTS, and all use, duplication, or disclosure with respect to the included software and documentation is subject to the restrictions set forth in subdivision (b)(3)(ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013 of the DOD FAR. Unless otherwise indicated, the manufacturer/integrator is Amiga International Inc., Germany.
With this document AMIGA International Inc. makes no warrenties or representations, either expressed or implied, with respect to the products described herein. The information presented herein is being supplied on an "AS IS" basis and is expressly subject to change without notice. The entire risk as to the use of this information is assumed by the user.
IN NO EVENT WILL AMIGA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY CLAIM ARISING OUT OF THE INFORMATION PRESENTED HEREIN, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF IMPLIED WARRENTIES OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APLLY.
Amiga, the Amiga logo, AUTOCONFIG, AmigaDOS, Kickstart and Workbench are trademarks of Amiga Development LLC in the United States and other countries.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE RETURN THE AMIGA SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the ªAmiga Software´) are licensed to you by Amiga International, Inc. or its local subsidiary, if any (ªAmiga´). You own the media on which the Amiga Software is recorded but Amiga and/or Amiga's licensor(s) retain title to the Amiga Software. The Amiga Software in this package and any copies which this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions.
This License allows you to install and use the Amiga Software on a single Amiga-labeled or Amiga-licensed computer at a time. This License does not allow the Amiga Software to exist on more than one computer at a time. You may make one copy of the Amiga Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Amiga Software in whole or part or transmit the Amiga Software over a network or from one computer to another. This license allows you to install or operate the Amiga Software only on a computer system that had a version of Amiga OS installed on it at the time you acquired such computer system. THE AMIGA SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE AMIGA SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from Amiga if you fail to comply with any term(s) of this License.
3. Limited Warranty on Media (if applicable).
Amiga warrants the media on which the Amiga Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Amiga's option, a refund of the purchase price of the product containing the Amiga Software or replacement of the Amiga Software which is returned to Amiga or an Amiga authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. AMIGA SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on Amiga Software.
You expressly acknowledge and agree that use of the Amiga Software is at your sole risk. The Amiga Software is provided ªAS IS´ and without warranty of any kind and Amiga and Amiga's licensor(s) (for the purposes of provisions 3 and 4, Amiga and Amiga's licensor(s) shall be collectively referred to as "Amiga") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. AMIGA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AMIGA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE AMIGA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AMIGA SOFTWARE WILL BE CORRECTED. FURTHERMORE, AMIGA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AMIGA SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMIGA OR AN AMIGA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE AMIGA SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMIGA OR AN AMIGA AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING AMIGA PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY AMIGA`S NEGLIGENCE.
5. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AMIGA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Amiga's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
6. Export Law Assurances.
You may not use or otherwise export or reexport the Amiga Software except as authorized by United States law and the laws of the jurisdiction in which the Amiga Software was obtained. In particular, but without limitation, the Amiga Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Amiga Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Government End Users.
If the Amiga Software is supplied to the United States Government, the Amiga Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Amiga Software are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability.
If there is a local subsidiary of Amiga in the country in which the Amiga Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the Amiga Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Amiga.