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Update files |
| Before downloading, you must reaffirm the following conditions. The
following paragraphs are
from the Pangolin Software License Agreement and Limited Warranty, which applies to
all Pangolin software users. |
| By downloading and using the update files, I agree to the following License conditions: |
TERMS AND SCOPEIn consideration of payment of the
License fee, which is a portion of the price you paid, the software,
data, shows and documentation accompanying this License, whether on
CD, DVD, or any other media (the "Software") and related items
(QM2000 or FB3 hardware board, cable adapter, etc.: the "Hardware")
are licensed to you by Pangolin Laser Systems, Inc. You own any
media on which the Software is recorded, but Pangolin retains title
to the Software and Hardware. This License shall not be considered a
"sale" of the Software or Hardware. |
DISCLAIMER OF SOFTWARE WARRANTYThe Software is provided "AS IS" and without warranty of any kind except as noted above. PANGOLIN AND ITS REPRESENTATIVES OR AGENTS SHALL IN NO EVENT BE LIABLE FOR ANY GENERAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR OCCASIONED BY THE USE OF THIS PRODUCT. THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF ALL OTHER LIABILITIES ON THE PART OF PANGOLIN. ALL OTHER WARRANTIES INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY PANGOLIN AND ITS REPRESENTATIVES. Your sole remedy is to return the Software and Hardware for a refund within the first 90 days. |
MUSIC RIGHTS NOTICEAs part of the Software, shows may be included for which the laser artist has suggested particular songs or music. Pangolin has obtained appropriate music rights to any CD tracks, MIDI or waveform files which are furnished on the Software distribution media (e.g., disks or CD). For all other music, including commercial songs, Pangolin and the laser artist do not provide and are not responsible for performance, synchronization, reproduction or any other music-related rights. YOU ARE THEREFORE COMPLETELY AND SOLELY RESPONSIBLE FOR OBTAINING ALL NECESSARY MUSIC-RELATED RIGHTS AND CLEARANCES PRIOR TO PLAYING MUSIC IN SYNCHRONIZATION WITH ANY SHOWS INCLUDED WITH THE SOFTWARE, excepting music furnished on the Software distribution media. |
LASER SAFETY NOTICEPangolin does not warrant the use of the Software and Hardware as a means of implementing safety features. It is possible for the Software and Hardware to fail in such a way so as to increase the risk of unsafe laser exposure. YOU ARE THEREFORE COMPLETELY AND SOLELY RESPONSIBLE FOR SCAN-FAIL SAFEGUARDS, BEAM STOPS, AUDIENCE SEPARATION DISTANCES, AIRCRAFT OBSERVERS, MEASUREMENTS AND CALCULATIONS, AND/OR ANY OTHER MEASURES NECESSARY TO PREVENT THE SOFTWARE AND HARDWARE FROM PRESENTING A LASER SAFETY HAZARD. |
USE OF PANGOLIN-PROVIDED SHOW ELEMENTSOn the distribution media and
subsequent updates (such as those downloadable here), Pangolin
provides frames and animations (.LDB, .LDS files), and show
instructions (.SHO, .SHS files), as well as workspaces, fonts, and
other art-ware; collectively called "Pangolin-Provided Show
Elements" (PPSEs). In general, PPSEs may be included in productions
which are for your own use, or which are sold or transferred to
other licensed QuickShow users. |
LIMITATION OF LIABILITYPANGOLIN SHALL NOT BE RESPONSIBLE FOR DAMAGES FOR LOSS OF USE OR OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER COSTS, EXPENSES, OR DAMAGES, INCLUDING MUSIC RIGHTS AND LASER SAFETY RELATED DAMAGES, RESULTING FROM USE OF THE SOFTWARE AND HARDWARE, even if Pangolin has been advised of the possibility of such damages. You (and not Pangolin) assume the entire cost of all necessary servicing, repairs, safety measures or corrections. In no event shall Pangolin's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software and Hardware. |
LEGAL RIGHTSSome states or provinces do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state, or from province to province. |
U.S. GOVERNMENT USEIf you are acquiring the Software and Hardware on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: A) if the Software or Hardware is supplied to the Department of Defense (DoD), the Software and Hardware are classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" to the Software and Hardware as that term is defined in Clause 252.227-7013(c)(1) of the DEFARS; and B) if the Software or Hardware is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and Hardware will be defined in Clause 52.227-19(c)(2) of the FAR or, in Clause 18-52.227-86(d) of the NASA supplement to the FAR. |
NON-PAYMENT PENALTYPangolin may provide you with the Software and Hardware even though the mutually-agreed-upon purchase price has not been fully paid. Examples include: systems provided for demonstration purposes, systems provided on credit or time payments, or systems provided in return for goods or services not yet furnished. In the event of non-payment of money, or non-deliverance of goods or services, Pangolin may require return of the Software and Hardware at any time. Pangolin will refund any monies paid (less a rental fee of 1/24 of the value of the Software and Hardware per month held, and less shipping and related costs), or will return any goods or refundable services (less shipping and related costs) upon satisfactory return of the Software and Hardware. |
COPYRIGHTThe Software and Hardware is owned and copyrighted by Pangolin. You may not use, copy or transfer the Software or Hardware or any copy thereof except as expressly provided in this License. You may not decompile, reverse engineer, disassemble or otherwise reduce the Software (including Software on the Hardware board) to a human-perceivable form. |
PROHIBITED USESProhibited Uses include but are not limited to: use on more than one computer simultaneously; use at separated locations when the Pangolin Hardware is not transported between locations; use without the Hardware (when the Hardware is installed in another computer); modifications to the Software or Hardware made for the purpose of evading identification, serial numbers or copy protection; and any other uses which would not be possible for related hardware such as computers or lasers. IN ADDITION, USING THIS PRODUCT WITH INTENT TO COPY FEATURES, OR TO CREATE A PRODUCT THAT DUPLICATES ITS FUNCTIONALITY IS PROHIBITED. |
RESPONSIBILITY FOR VIOLATIONSYou are responsible for any
Prohibited Uses that violate this License, whether through intent or
negligence, act or omission. You shall not allow the Software or
Hardware to be copied by, given to, or otherwise distributed to any
other party for a Prohibited Use. You shall strictly control access
to the Software and Hardware so that no Prohibited Use occurs, with
or without your knowledge or consent. |
TRANSFERRING THE LICENSEYou may give, sell or transfer all your License rights to the Software and Hardware to another party, provided the other party accepts all terms and conditions of this License. Acceptance of the Software and Hardware shall automatically construe acceptance of the License rights. The new License holder becomes responsible for any violations or Prohibited Uses of this License. If it cannot be determined whether you or the new License holder is the responsible party, then you both will be held jointly and severally liable for the violation or Prohibited Use. (If you do not wish to be deemed responsible in such an indeterminate case, then do not transfer the Software and Hardware.) |
PROOF OF PURCHASEAs a condition of providing support
and updates, Pangolin may require proof of purchase such as
communication of the unique serial number in your Software and
Hardware or surrender of your original Pangolin-labeled media (e.g.,
disks or CD) or FB3 hardware. |
WHAT RELEASES ARE COVERED BY THIS AGREEMENTThis License Agreement covers any new
releases (bug fixes, updates or upgrades) of the Software and
Hardware with the same serial number. It also covers any new
Pangolin-Provided Show Elements distributed to LD2000 users.
Therefore, you cannot give older copies of the Software (previous
releases) to others. A violation of this License involving a
previous release shall be considered the same as a violation
involving your most current release. |
Lasershow Converter MAX, Lasershow Converter 4D, Lasershow Converter FLASHThe Lasershow Converter programs are fully covered by this agreement since they require Pangolin hardware in order to operate. The following notice applies: Lasershow Converter MAX includes David Gould Rendering Technology. Copyright ©2000, David Gould. |
LICENSE LENGTH AND TERMINATION PROCEDUREThis License is effective until terminated. You may terminate this License at any time by sending written notice to Pangolin Laser Systems, Inc. If you fail to comply with any provisions of this License, the License will terminate immediately without notice from Pangolin. Upon termination, whether by you (voluntarily) or by Pangolin (due to License violations), you must A) return the Software and Hardware to Pangolin, B) erase all copies of the Software, including backups and archival copies, and C) send a Certified or traceable (e.g., FedEx) letter to Pangolin indicating your compliance with this termination provision. |
EGREGIOUS VIOLATIONSIn addition to termination of your License, Pangolin may also take such other actions as are available at law or in equity for continuing, flagrant or egregious violations or Prohibited Uses. |
GOVERNING LAW AND SEVERABILITYThis license shall be governed and construed in accordance with the laws of the United States and the State of Florida. If for any reason a court of competent jurisdiction finds any provision of this License to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to the effect of the intent of the parties, and the remainder of the License shall continue in full force and effect. Venue for any legal action shall be Orange County, Florida, or if in Federal Court, the Middle District of Florida, Orlando Division. In connection with any litigation, including appellate proceedings, arising out of or under this Agreement, Pangolin shall be entitled to recover reasonable out-of-pocket costs and reasonable attorneys’ fees. |
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This page last updated: Monday, January 18, 2010 01:45 PM
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