CAREFULLY READ THE FOLLOWING LICENCE AGREEMENT BEFORE USING ANY CARTOONS OR SOFTWARE SUPPLIED BY Make 'Em Laugh. BY USING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
Definitions
The following definitions apply to the terms as they appear in this Agreement.
Software means the computer program(s) and images contained on the CD in this sealed package, all copies of any part of the computer program(s) or images, and all updates to the computer program(s).
Documentation means the user's manual(s) and other printed materials accompanying the Software.
Product means the Software and Documentation.
Agreement means this Consumer Agreement in its entirety.
Cartoons means the cartoon artwork contained on the CD as part of the software.
Make 'Em Laugh means the corporation Make 'Em Laugh Ltd., c/o PO Box 26204, Minneapolis, MN 55426-9788
The Product is owned by Make 'Em Laugh Ltd. under exclusive license from its suppliers and is protected by United States and international copyright laws and international trade provisions. You must treat the Product like any other copyrighted material. This Agreement and your right to use the Product terminate automatically if you violate any part of this Agreement. In the event of termination, you must immediately destroy all copies of the Product or return them to Make 'Em Laugh Ltd.
USAGE Make 'Em Laugh Ltd. grants you the right to:
Use one copy of the Software and the Cartoons on a single computer (Dedicated Computer"),
Copy the Software and the Cartoons onto the hard disk of your Dedicated Computer and retain the CD for archival purposes,
Change the storage format of the Cartoons (e.g. from TIFF to JPEG) provided the image itself is not altered
After written notification to Make 'Em Laugh Ltd., transfer the entire Product on a permanent basis to another person or entity, provided you retain no copies of the Software or the Cartoons and the transferee agrees to the terms of this Agreement,
Incorporate Cartoons in your Electronic documents stored locally provided they are duplicated in their entirety (i.e., as a complete comic strip or cartoon panel, unedited),
Distribute freely printed documents containing the Cartoons provided the document had no commercial value,
As an incidental part of any non-electronic product or collection of products which are distributed commercially (i.e., distributed for profit, such as a newsletter or general business correspondence) provided the use or distribution of any Cartoons does not constitute a substantial portion of the value of the goods distributed commercially.
For the purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device (other than a network server). You may access the Software from a hard disk or any other method you choose, so long as you otherwise comply with this Agreement. You may:
Not distribute Cartoons in any way as part of a software product or as part of an electronic document or collection or documents without written permission from Make 'Em Laugh Ltd.;
Not use a Cartoon as part of a company logo, on a poster, hat, T-shirt, or similar commercial product without written permission from Make 'Em Laugh Ltd. A product whose total production is less than 1000 pieces over all variants is not regarded as a commercial product.
Not have the Cartoon in any way convey endorsement of a product, service, person, or company;
Not sell a Cartoon on a greeting card, stationery, or any other commercial paper product where the Cartoon is the primary value of the commercial paper product (i.e. a Cartoon on a newsletter is acceptable as long as the written content of the newsletter is the primary value, whereas, a Cartoon acting as a logo or design on a piece of stationery is the primary value of the stationery);
Not modify, translate, or merge the Software with other programs, except for your personal use on a single computer;
Not copy the documentation; Not license, rent, or lease any portion of the Product;
Not reverse-engineer, disassemble, decompile, or make any attempt to discover the source code of the Software;
Not use the Cartoons in a newspaper, magazine, newsletter or other publication, whether it be for internal distribution or sale, if the value of the publication comes largely from the Cartoon(s) and not its contents or unless the circulation of the publication is measured by the Audit Bureau of Circulation in the USA or equivalent body in any other jurisdiction. Any such publication must contact Make 'Em Laugh (or explaining your requirements) and obtain a separate license before incorporating the Cartoon(s).
Make 'Em Laugh Ltd. warrants the CD(s) on which the Software is distributed to be free from defects in materials and workmanship and that the Software will perform substantially in accordance with the Documentation for a period of 360 days from your receipt of the Product. Any oral or written information, or advice given by Make 'Em Laugh Ltd. dealers, distributors, agents, or employees will in no way increase the scope of this warranty. If the Product fails to comply with the warranty set forth above, Make 'Em Laugh Ltd.'s entire liability and your exclusive remedy will be replacement of the CD or, at Make 'Em Laugh Ltd.'s option, Make 'Em Laugh Ltd.'s reasonable effort to make the Product meet the warranty set forth above. This limited warranty applies only if you return all copies of the Product, along with a copy of your paid invoice, to an authorized dealer of Make 'Em Laugh Ltd. within 360 days of the date you received the Product. If Make 'Em Laugh Ltd. is unable to make the Product conform to the above warranty, Make 'Em Laugh Ltd., at its option, will refund all or a fair portion of the price you paid for this package. Any replacement Software will be warranted for the remainder of the original 360-day warranty period or for 30 days from the date you received the replacement, whichever is longer. These remedies are not available outside of the United States and Canada.
Make 'Em Laugh Ltd. DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHT. YOU MAY HAVE OTHERS, WHICH VARY STATE TO STATE. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall Make 'Em Laugh Ltd. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, or other pecuniary loss) arising out of the use of or inability to use this Product of Make 'Em Laugh Ltd., even if Make 'Em Laugh Ltd. has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. The foregoing limitations of warranty and liability inure to the benefit of Make 'Em Laugh Ltd.'s partners having an interest in the package.
Product support for all of Make 'Em Laugh Ltd.'s Products is available only through our registered Technical Support Division for people living in the United States, Canada or Mexico.
This Agreement constitutes the entire agreement between you and Make 'Em Laugh Ltd. and supersedes any prior agreement concerning the contents of this package. It shall not be modified except by written agreement dated subsequent to the date of this agreement signed by an authorized Make 'Em Laugh Ltd. representative.
Make 'Em Laugh Ltd. is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Make 'Em Laugh Ltd. specifically agrees to the provision in writing.
This Agreement is governed by the laws of the State of Florida.
The Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and paragraph (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. The subcontractor/manufacturer is Make 'Em Laugh Ltd., PO Box 26204, Minneapolis, MN 55426-9788
If you wish to obtain additional Cartoons or other than expressly permitted under this Agreement, or if you have any questions concerning your rights under this Agreement. Unauthorized reproduction, transfer, or use of Make 'Em Laugh Ltd. Clip Art Cartoons may be a criminal offense under federal and/or state laws. Both the copyright holder(s) and exclusive licensee Make 'Em Laugh Ltd. will take any and all steps to protect our investment in this product, any copyrights, and the Cartoons.
Make 'Em Laugh Ltd. grants you the right to use this software on one computer, or CPU (central processing unit) only. However, we realize others in your office will see how much fun (and more profitable) your fax cover sheets, correspondence, newsletters, and other communications are because of Make 'Em Laugh!. They'll want to be in on the fun too. For this reason, we offer a simple low-cost, multi-user Site Agreements for each of the products in the Make 'Em Laugh! family. Click here for more details.