Welcome. David Myriad www.bigfoot.com/~davidmyriad Please read the terms of the License Agreement below. License Agreement This is a legal agreement between you and Myriad Images covering your use of this software. Be sure to read the following agreement before using the software. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("THE LICENSE") BEFORE USING THIS PRODUCT ("THE SOFTWARE"). THE SOFTWARE IS A PROPRIETARY PRODUCT OF DAVID MYRIAD ROSENBAUM ("THE AUTHOR") AND IS PROTECTED BY COPYRIGHT LAW. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MUST PROMPTLY DISPOSE OF ANY COPIES OF THE SOFTWARE IN YOUR POSSESSION. Legal Stuff: The software is owned by Myriad Images and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material (e.g. a book or musical recording). Although copyrighted, this software is being licensed to you for personal use. However, ownership of and interest in this software shall remain with Myriad Images. Use and distribution of this software is governed by the following terms in an effort to reasonably ensure that this software will remain freely available for end users and that no one other than Myriad Images will derive a commercial benefit from distributing this software. 1. License The Software is licensed, not sold, to you by the Author. All copies and distributions of the Software which this License authorizes you to make are also governed by the terms of this License. All rights pertaining to the Software that are not expressly granted to you in this License are retained by the Author. In the thirty (30) days following the date on which you first installed the Software on one or more of the computers owned by you, and prior to the date on which you purchase the Software ("The Evaluation Period"), the Author grants you a non-exclusive right to use the Software on any computers owned by you. Following the expiration of the Evaluation Period, you may continue to use the Software provided that you purchase one of the following options: a) A single license for each computer on which you have installed the Software ("Single User License"). b) A license for each computer in your organization within a 160 kilometer (100 mile) radius of your site ("Site License"). c) A license for each computer in your organization, regardless of geographic location ("Worldwide License"). The purchase of a Single User License gives you the right to continue to use the Software following the expiration of the Evaluation Period on a single computer owned by you. If you would like to use the Software on more than one computer, you must purchase multiple Single Licenses or purchase a Site License or Worldwide License as appropriate. The purchase of a Site License gives you the right to continue to use the Software following the expiration of the Evaluation Period on any computer owned by you or your organization within a 160 kilometer (100 mile) radius of your site. Members, employees, or agents of your organization who use the Software are also governed by the terms of this License and you agree to inform them of the restrictions and rights contained herein. The purchase of a Worldwide License grants you the right to continue to use the Software following the expiration of the Evaluation Period on any computer owned by you or your organization regardless of geographic location. Members, employees, or agents of your organization who use the Software are also governed by the terms of this License and you agree to inform them of the restrictions and rights contained herein. Upon purchase of a Single User License, Site License, Worldwide License, or at the discretion of the Author, you will experience a sense of great inner peace. Prior to your entry of this worthy status, the Software is considered unregistered ("The Unregistered Software"). LICENSE AGREEMENT "You," "your," and the "user" refers to any person or entity which acquires or uses this software. "Software" refers to any computer programs identified at the start of this documentation file, together with all codes, techniques, software tools, formats, designs, concepts, methods, ideas, and documentation associated with the computer program(s). The term also includes all copies of any part of the software and documentation. This software is owned by Myriad Images and contains valuable and proprietary information of Myriad Images. If you violate any part of this agreement, your right to use this software terminates automatically. In the event of termination of this agreement, you must destroy all copies of this software and derivatives of this software in your possession and cease distributing the same. 2. Ownership We are more than happy to allow you to distribute our software. You may not rent or lease the software, nor may you modify, adapt, translate, reverse engineer, decompile, or disassemble the software. If you violate any part of this agreement, your right to use this software terminates automatically and you then must destroy all copies of this software in your possession. Ownership of the legal rights, titles, and interest in the Software remains solely with the Author. These rights may include copyrights, trademarks, trade secrets, and other rights as applicable. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute, duplicate, create derivative works based on the Software, or transmit the Software over a network except as expressly permitted under the terms of this License. This software is being licensed to you as provided by the terms of this agreement. You may: 1. Use this software on as many computers as you want at any given time. 2. Make as many backup copies of this software as you want. 3. Terminate this agreement at any time by destroying all copies of this software and cease distributing the same. You may not: 1. Create any derivative works from this software for distribution. 2. Reverse engineer, disassemble, decompile, or otherwise attempt to discover the logic or source code to this software. This software may be distributed for non-commercial purposes in which no fees of any kind are charged for the disk or method it is distributed. Contact Myriad Images at the address within this document if you have any questions about its redistribution. 3. Duplication and Distribution of the Unregistered Software Prior to the expiration of the Evaluation Period, and in accordance with the other terms of this License, the Author grants you the non-exclusive right to duplicate and install the Unregistered Software on any computer owned by you. Unless expressly prohibited by the Author, such as may be the case with non-public pre-release versions of the Software, the Unregistered Software may be distributed through the internet, electronic bulletin boards, and other computer networks, or from person to person. Whenever the Unregistered Software is distributed, all files accompanying the Unregistered Software (the documentation, and any other accompanying files) must be distributed along with the Unregistered Software. The accompanying files and the Unregistered Software must be distributed intact and in their original form, without modification and without exception. If the Unregistered Software and all accompanying files are contained in a single Installer program, only that Installer may be distributed. Distributors of the Unregistered Software may not sell, charge for, or otherwise demand payment for the Unregistered Software for their own profit, or otherwise misrepresent or misconstrue the terms of the License under which the Software may be purchased by the end user. The Unregistered Software may not be distributed on computer- readable material such as floppy disk or CD-ROM without informing the Author. CD-ROM distributors may charge end users for those costs associated with the distribution of the material upon which the Unregistered Software is recorded, such as the costs associated with materials, postage, packaging, or labor. CD-ROM distributors may attempt to make a direct profit from such charges. CD-ROM distributors may provide end users with copies of the Unregistered Software free-of-charge for the purpose of promoting or marketing another product by which the distributors hope to make a profit (such as a magazine), as long as the other terms of this License with respect to the distribution of the Unregistered Software are met. 4. Duplication and Distribution of the Registered Software The Author grants the purchaser of a Single User License the right to make two (2) copies of the Registered Software for their own personal archival purposes, for as many computers as they have purchased Single User Licenses. The purchaser of a Single User License may duplicate the Registered Software and install it on a computer different from the computer for which the Single User License was purchased, provided that the Registered Software on the original computer is then promptly deleted. The purchaser of a Site License or Worldwide License may duplicate and install the Registered Software on any machine governed by the terms of the Site License or Worldwide License as detailed in section one (1) of this License. You may not distribute the Registered Software in any other way, including but not limited to any computer-readable material, floppy disk, CD-ROM, computer network, electronic bulletin-board service, or the Internet, electronic bulletin board service, the Internet, oral, written, or signed communication, telephone, telegraph, or fax machine. 5. Warranty and limitations of liability The software and related documentation are provided "AS IS" and without warranty of any kind and Myriad Images expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Myriad Images be liable for any incidental, special or consequential damages that result from the use or inability to use the software or related documentation, even if Myriad Images has been advised of the possibility of such damages. This Agreement shall be governed by the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. The software and documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Manufacturer is Myriad Images, P.O. Box 21701, El Sobrante, CA 94820-1701. THE SOFTWARE IS PROVIDED "AS IS". USE THE SOFTWARE AT YOUR OWN RISK. THE AUTHOR MAKES NO WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO ORAL OR WRITTEN COMMUNICATION FROM OR INFORMATION PROVIDED BY THE AUTHOR OR MYRIAD IMAGES SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL THE AUTHOR OR MYRIAD IMAGES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN ALL JURISDICTIONS. YOU MAY HAVE ADDITIONAL RIGHTS AND SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. In no event shall the Author's total liability to you for actual damages, from any cause whatsoever and regardless of the form of the action, whether in contract, product liability, tort (including negligence), or otherwise, exceed US $50. Disclaimer of warranty: In using this software, you understand and agree that this software is provided "as is" without warranty of any kind. The entire risk as to the results and performance of using this software lies entirely with you, the user. The author does not make any warranties, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to this software. In no event shall the author be liable for any consequential, incidental, or special damages whatsoever (including without limitation damages for loss of critical data, loss of profits, interruption of business, and the like) arising out of the use or inability to use this software. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Although Myriad Images would appreciate any feedback and bug reports, Myriad Images shall not be responsible for correcting any problems which you discover or otherwise help you maintain and use this software. Furthermore, the author may at any time replace, modify, alter, improve, enhance or change this software. 6. Export You agree to comply with the laws and regulations of the United States of America and other countries regarding the export of computer software as those laws and regulations pertain to the Software governed by this License. 7. Governing law This License shall be governed by the laws of the State of California, and the United States of America, and the Planet Earth. 8. Severability If a court of competent jurisdiction finds any portion or portions of this License to be unenforceable, the remainder of this License shall continue in full force and effect. 9. Amendments This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes any prior agreements or understandings. No amendment to this License will be binding unless agreed to and signed by the Author in writing. Complete agreement: This agreement constitutes the entire agreement and supersedes any prior agreements between you and the author concerning this software. This agreement cannot be amended, modified, or waived except in writing. General: If any provision of this agreement shall be found to be unenforceable, it shall be deemed severed from the remainder of this agreement. This agreement shall be construed in accordance with the laws of the State of California. Any arbitration or litigation relating to this agreement shall take place in the State of California. Copyrights (c)1997-1998 David Myriad Rosenbaum All Rights Reserved Worldwide Trademarks All trademarks are held by their respective owners. Apple, ResEdit, Power Macintosh, Mac, and Macintosh are registered trademarks of Apple Computer, Inc. MacOS, Finder, Balloon Help, and System 7 are trademarks of Apple Computer, Inc. PowerPC is a registered trademark of International Business Machines Corporation. Resorcerer is a trademark of Mathemæsthetics, Inc. BBEdit is a trademark of BareBones Software. CodeWarrior is a trademark of Metrowerks, Inc. Myriad Images and the Myriad Images logo are trademarks of David Myriad Rosenbaum. Other brand names, software titles, company names or products mentioned in this documentation are trademarks, registered trademarks, or tradenames of their respective holders. Our lawyers are much too happy. Revised 7/22/98