Left Dakota Link-o-lator Manual
Eric Magnusson, John Cruise
- Software Design
- Special Thanks to
- Minimum System Requirements
Apple Macintosh computer; System 9.0 or higher.
ColorSync 3.01 or higher.
Minimum 15 MB Application RAM,
40 MB Recommended.
3534 B Larga Avenue
Los Angeles, CA 90039
Copyright© 2004 Left Dakota (a California Corporation). All rights reserved.
This manual, as well as the software described within, is furnished under license and may be used or copied only in accordance with the terms of this license. The material in this manual is furnished for information use only, is subject to change without notice, and is not warranted for accuracy.
This manual may not, in whole or in part, be copied, photocopied, reproduced, translated, or converted into an electronic or machine-readable form without written consent of Left Dakota. Art Link-o-lator, Link-o-lator, Megalink, and Maxi-Channel are trademarks of Left Dakota. All other trademarks used in this manual and are the property of their respective owners.
Left Dakota shall assume no liability for the cor rectness of any information contained in this docu ment pertaining to the description of products sup plied by third parties. Adobe, Acrobat, Exchange, Distiller, Acrobat Reader, Adobe Type Manager, Illustrator, PageMaker, Photoshop, PostScript, and PDF are registered trademarks of Adobe Systems Incorporated. Windows and Windows NT are reg istered trademarks or trademarks of Microsoft Corporation in the USA and/or other countries. Apple, Macintosh, Power Macintosh, LaserWriter, MacOS, MacOS X and ColorSync are trademarks of Apple Computer Inc. in the USA and/or other countries. QuarkXPress is a trademark of Quark Inc. PANTONE® and other Pantone Incorporated trademarks are the property of Pantone Inc., USA. All other trademarks are the property of their respective owners.
Left Dakota End User License
IMPORTANT: READ THIS LICENSE AGREEMENT CAREFULLY.
The following License Agreement applies to the purchaser of this software package. The opening of the seal on this software indicates your acceptance of the following License Agreement. This LEFT DAKOTA END-USER LICENSE AGREEMENT (the “License” or the “Agreement”) is a binding agreement between you (either an individual or an entity) and Left Dakota, a California Corporation (“Left Dakota”). By opening the sealed software product, you accept and agree fully with the provi sions of this License. If you do not accept these provisions, return this unopened software product and accompanying items (including written materials and packaging) to the seller within thirty (30) days of purchase for a full refund.
1. GRANT OF LICENSE
Left Dakota grants to you the non-exclusive right to use one copy of the enclosed Left Dakota software program (the Software) on a single computer, or on a number of computers specified in writing by Left Dakota in a license addendum or alternate license issued specifically to you. The Software is “in use” on a computer when it is loaded into than computer’s tem porary memory (i.e. RAM) or long-term storage (e.g.. hard disk, CD-ROM. or other storage device).
You agree to a non-exclusive license to use the Software, sole ly for your own customary business or personal uses. You shall retain full control over the use of the Software and you assume all risks and liability for results obtained by the use of the Software. Left Dakota shall have no liability to you or to any third party for any ordinary, special. exemplary or consequen tial damages or losses (including, without limitation, damages for loss of business profits, any other pecuniary loss) which might arise directly or indirectly by reason of the use of inabil ity to use the Software, even if Left Dakota has been advised of the possibility of such damages. You shall indemnify, defend and hold Left Dakota harmless from any loss, cost, damage, or expense, including attorneys’ fees, arising from any claim asserted against Left Dakota that is in any way associated with the matters set forth here in Paragraph 2. Because some states and countries do not allow the exclusion or limitation of liabil ity of consequential or incidental damages, the above limita tions may not apply.
No title to or ownership in the Software is transferred to you. Title to all applicable rights in patents and copyrights in the Software shall remain with Left Dakota and/or any third party vendors (“Vendors”) from whom Left Dakota has acquired rights to license components of the Software. The Software provided to you hereunder is proprietary to Left Dakota and/or Vendor, and you shall be bound by and observe the proprietary nature thereof as herein provided. Except as may be specifically authorized in writing by Left Dakota or as otherwise provided herein, you shall not provide or otherwise make available the Software or copies thereof to any third party.
4. TERM AND TERMINATION
The term of this License shall commence on the date of your purchase of the Software and shall continue until such time as you discontinue use of the Software, but otherwise shall be without restriction as to time. Left Dakota shall have the right to terminate this License if you fail to comply with the License terms and conditions. Upon expiration of the License term or upon termination by reason of your default, you shall immedi ately return or destroy the Software and copies thereof as directed by Left Dakota and, if requested by Left Dakota, to cer tify in writing as to the destruction or return of the Software and all copies thereof, the provisions of this License which protect the proprietary rights of Left Dakota shall continue in force after termination.
This computer software and all accompanying materials are COPYRIGHT © 2004 LEFT DAKOTA, a California Corporation. Any unauthorized duplication is prohibited. The Software is owned by Left Dakota and is protected by United States copy right laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g. a book or musical recording) except that you may both (a) make one copy of the Software solely for archival purposes, and (b) transfer the Software to the fixed storage media of a sin gle computer, provided you keep the original and no more than one copy solely for archival purposes. You shall not reproduce the written materials accompanying the Software. The unau thorized copying of the Software and the acquisition and/or use of unauthorized copies of the Software may be both criminal and civil offenses for which you may be liable for fines, dam ages and legal fees. If you attempt to use, copy or disclose any portion of the Software or any modification thereof in a man ner contrary to the terms of this license, Left Dakota shall have the right, in addition to other legal remedies, to injunctive relief enjoining such acts without the posting of a bond.
6. OTHER RESTRICTIONS
You may not rent or lease the Software to others, but you may transfer the Software and all accompanying written materials on a permanent basis provided you retain no copies and the recip ient agrees to the terms of this agreement. You may not reverse engineer, decompile, or disassemble the Software. If the Software has been updated, any transfer must include all versions. You agree that any profiles, color rendering dictionaries, links, or color separation tables which are created through the use of this software are subject to this License Agreement and may be used only to the extent that the Software may be used under this agreement. Without limiting the foregoing, sale, indirect wide distribution, or inclusion with another product as “value add” of such profiles, color rendering dictionaries, links, or color separa tions tables is prohibited without prior written consent of Left Dakota.
7. PATENT AND COPYRIGHT INDEMNIFICATION
Left Dakota shall defend any action, suit, or proceeding brought against you so far as it is based on a claim that the Software delivered hereunder infringes any United States patent or copy right, provided that you promptly notify Left Dakota of the action and you give full authority, information and assistance for the defense of the action. Left Dakota shall pay all damages and costs awarded therein against you, but shall not be respon sible for any compromise made without its consent. Left Dakota may, at its option and expense, replace or modify the Software so that infringement will not exist or refund to you the price thereof as depreciated or amortized by an equal amount over the lifetime of the Software as established by Left Dakota. Left Dakota’s commitment shall not extend to any infringement or claim thereof which is based upon the combination of the Software delivered hereunder with software not supplied by Left Dakota.
8. LIMITED WARRANTY
Left Dakota warrants that the Software will perform substantial ly in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase. Some states and countries do not allow limitations on duration of an implied warranty, so the above limitation may not apply.
9. CUSTOMER REMEDIES
Left Dakota’s and its suppliers’ entire liability and your exclu sive remedy shall be, at Left Dakota’s option, either (a) return of the price paid by you for the Software, or (b) replacement of the Software, which is returned to Left Dakota with a copy of your proof of purchase. Outside the United States, these reme dies are not available without proof of purchase from an authorized non-U.S. source (unless the Software was purchased directly from Left Dakota.)
10. NO OTHER WARRANTIES
Left Dakota and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular pur pose, with regard to the Software and the accompanying mate rials.
11. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the 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) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. the manufacturer is Left Dakota, a California Corporation, 3534B Larga Avenue, Los Angeles, California, 90039.
12. SUCCESSORS, ASSIGNMENT
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You shall not assign or sublicense your rights or obli gations under this Agreement except as provided herein.
13. COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between Left Dakota and you relative to this License. Any change hereto shall be effective only if in writing and signed by both a duly authorized agent of Left Dakota and you.
If any provision or portion thereof of this License is held to be invalid, void or unenforceable, the remaining provisions of this License shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. It IS EXPRESSLY UNDER STOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY, OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEPER ABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
15. EXPORT OR REEXPORT
You shall not, directly or indirectly, export or transmit any Left Dakota product covered by this Agreement to any country to which such transportation is restricted by applicable regulations or statutes of the United States or any agency thereof, without the prior written consent of the U.S. Department of Commerce, Washington D.C. 20230 and of any other required governmen tal agency.
16. LIMITATION OF LIABILITY
Under no circumstances shall Left Dakota be liable to your for any consequential, special, incidental or indirect damages of any kind arising from the use of the software or related docu mentation, even if left Dakota has been advised of the possi bility of such damages. In no event shall Left Dakota’s liability for any claim under any theory of liability, including negligence or contract, exceed your cost of purchasing the software.
17. GOVERNING LAW
This Agreement is governed by the laws of the state of California.