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License Agreement

The following is a legal software license agreement between you, the licensee and software end user, and FixerLabs Ltd. Read this license agreement carefully before using the product. The terms and conditions of this license are deemed to be accepted:

a) by FixerLabs Ltd upon dispatch/delivery/download of any software product including FocusFixer, ShadowFixer, NoiseFixer, TrueBlur, SizeFixer SLR or SizeFixer XL, hereafter referred to as the software by you; and
b) by the installation and use of the software by you.

 

Grant of License

This license entitles and permits you to use one copy of the software included in this package on any single computer. This license allows you to use the software software to enhance 15 images, that may or may not be different images, over a period of 15 days from your first use of the software. You acknowledge and accept that the software software is protected against unauthorized use, beyond the 15 uses or 15 days trial period, by means of a key and serial number. Following the trial period you are required to extend this license by purchasing a license key and serial number from FixerLabs Ltd (www.fixerlabs.com). You acknowledge and accept that if you extend the license beyond the 15 uses or 15 days period by purchasing a license key and serial number that the software software is fit for the purpose for which it was intended. For each software licensee, the program can be "in use" on only one computer at any given time. The software is "in use" when it is either loaded into RAM or installed into the hard disk or other permanent memory. This license does not allow the software to be installed on a network server for access by multiple simultaneous users and/or distribution to other computers. A special educational or commercial license permit from FixerLabs is required if the program is going to be installed on a network server for the sole purpose of allowing access by multiple simultaneous users and/or distribution to other computers. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES, OR ANY OTHER SAFETY-CRITICAL SITUATIONS IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your license to use the software software and your rights under this license will terminate automatically and immediately without notice from FixerLabs Ltd. if you fail to comply with any of the terms of this License.

 

Disclaimer of Warranty

You acknowledge and agree that use of the Software is at the your sole risk. The Software is provided "AS IS" and without warranty of any kind and FixerLabs Ltd 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. FIXERLABS LTD 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, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, FIXERLABS LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIXERLABS LTD OR A FIXERLABS LTD AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT FIXERLABS LTD OR A FIXERLABS LTD AUTHORIZED REPRESENTATIVE) SHALL 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 PREDJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING FIXERLABS LTD PRODUCTS OTHERWISE THAN IN THE ORDINARY COURSE OF BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FIXERLABS LTD'S NEGLIGENCE.

 

FixerLabs Ltd Limitation of Liability

FIXERLABS LTD SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE SOFTWARE, ITS USE OR OTHERWISE. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, FIXERLABS LTD EXPRESSLY EXCLUDES LIABILITY FOR NEGLIGENCE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE, ITS USE, THE SYSTEM OR IN RESPECT OF OTHER EQUIPMENT OR PROPERTY, OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. LIABILITY OF FIXERLABS LTD AND ITS SUPPLIERS TO THE YOU, IF ANY, FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS LICENSE, OR IN THE EVENT THAT ANY EXCLUSION CONTAINED IN THIS LICENSE SHALL BE HELD TO BE INVALID FOR ANY REASON AND FIXERLABS LTD BECOMES LIABLE FOR LOSS OR DAMAGE, SHALL BE LIMITED TO ONE US DOLLAR ($1.00).

 

Copyright

The software contained in this package is owned by FixerLabs and is protected by United Kingdom copyright laws, international treaty provisions, and all other applicable national laws. The software must be treated like all other copyrighted materials (e.g. books and musical recordings). This license does not allow the software to be rented or leased without express permission from FixerLabs Ltd, and any written materials or example images accompanying the software (if any) may not be copied.

 

U.S. Government Restricted Rights

The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs(c)(1),(2), and (3) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable, and any amendments thereto. The manufacturer is TA Vision Laboratories Ltd. (trading as FixerLabs Ltd.) Unit 28, WENTA Business Centre, Colne Way, Watford, WD24 7ND, UK. If this product was purchased in the United States, this Agreement is governed by the laws of the state of California; otherwise, local laws may apply.

 

Copyright of Sample Image Files

Any sample image files included with the software installation are copyrighted by FixerLabs Ltd. You may only use them for testing the software. Duplication or redistribution of these images is not permitted. FixerLabs Ltd. reserves all rights.

Copyright © FixerLabs 2003

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