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All sales are final, software that has been activated can not be returned. Un-activated serial numbers can be returned within 30 days of purchase.
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Automatic Duck, Inc.
Software License Agreement
This is a legal agreement between you (either as an individual or as a corporate or other business entity) and Automatic Duck, Inc. By opening the enclosed disk package, downloading the Software, copying the Software, installing the Software, or by using the Software in any other way, you are agreeing to be bound by the terms of this Agreement. If you do not wish to agree to the terms of this Agreement, do not use the Software. Instead promptly a) return the unopened disk package and any accompanying materials to the place where you purchased them, and you will receive a full refund, or b) if you downloaded this software, destroy all copies in your possession, and contact the vendor whose web site you downloaded the software from for a refund.
License Agreement
1. Grant of License. This non-exclusive License Agreement permits you to use one copy of the enclosed Software on one single computer. This License is not transferable to other computers.
2. Copyright. The Software, including all software programs, manuals and other accompanying documentation, is owned by Automatic Duck, Inc. and is protected by United States and International Copyright laws and treaties. Some aspects of the Software may also be protected by U.S. and International trademark, trade secret and patent laws and treaties. All rights of any kind in the Software which are not expressly granted in this License are entirely and exclusively reserved to Automatic Duck, Inc.
You may install, use, access, display and run one copy of The Software along with a single copy of the host application with which the Software was designed to run. The host application must be legally licensed from the developer of the host application. There are measures designed into the Software to prevent you from using The Software with other installations of the host application. You agree that we may use these measures.
You may not share the Software across a network. For versions of The Software that tie to the host application serial number (Pro Export FCP 3.0, Pro Import FCP 2.0, Pro Import Cmb 1.0), once you have installed The Software with its host application, it can be moved to another system along with its host application provided The Software is also removed from the first system. For versions of The Software that tie to your computer's hardware (Pro Import AE 4.0), The Software can not move between systems except for cases of computer upgrade or replacement of failed computer, contact Automatic Duck, Inc. for details and restrictions. At no time can The Software be installed and used with more than one installation of the host application or on more than one computer. You may make one copy for archival or backup purposes.
3. Other Restrictions. In accordance with United States copyright law, you may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. Your license of The Software is non-transferrable.
4. Entire Agreement and Law Applicable. This License Agreement contains the entire understanding between the parties with respect to the matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, United States of America. Exclusive venue and jurisdiction for any action arising out of this Agreement shall be properly laid in the Superior Court of Washington for King County, or in the United States District Court for the Western District of Washington at Seattle, and you hereby consent to such jurisdiction and venue.
Limited Warranty
1. Limited Warranty. Automatic Duck, Inc. warrants for a period of thirty (30) days from the date of original delivery to you that the Software is free of material defects and will perform substantially in accordance with the specifications set forth in Automatic Duck, Inc.'s advertising and in the Documentation provided with the Software.
Automatic Duck, Inc. does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the software for any applications in which failure could cause any significant damage or injury to person or tangible or intangible property.
2. Program and Operating Platform Updates. Due to the complex nature of computer software, Automatic Duck, Inc. makes no guaranty that it will enhance the Software. Automatic Duck, Inc. makes no promise to keep the Software competitive in light of computer hardware and software evolution. In particular, Automatic Duck, Inc. can not and does not guarantee that the Software will work with future version of operating platforms such as Microsoft Windows and Mac OS and future versions of the host applications The Software was originally designed for.
3. Customer Remedies. During the warranty period, if the Software does not perform as warranted, your exclusive remedy shall be to send all copies of the Software and documentation to Automatic Duck, Inc., which shall, at its sole option, either refund the License fee or repair or replace the Software.
4. No Other Warranties. Automatic Duck, Inc. specifically disclaims all other warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, lack of viruses, and accuracy or completeness of the results of using the Software. Automatic Duck, Inc. shall not be liable for special, incidental, indirect, consequential, punitive or other damages including but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever a) arising out of or in any way related to the use of or inability to use the Software, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of this License Agreement, or b) arising from any breach of warranty, breach of contract, negligence, or any other legal theories, even if Automatic Duck, Inc. has been advised of the possibility of such damages. In no event shall Automatic Duck, Inc.'s liability for any damages to you or any other person ever exceed the price paid for the license to use the Software, regardless of any form of the claim.
5. Other Rights. This warranty gives you specific legal rights; you may have other rights which may vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or exclusions of incidental or consequential damages, so some of the above may not apply to you.
