Be sure to read the license information at the bottom of this document! By installing and using this software, you agree to abide by the terms listed in the license. If you do not agree to these terms, do not install the software. If you encounter problems with this software, or have any comments, please send mail to betatest@liveupdate.com. We value your input! Installation Instructions The Crescendo PLUS 1.2 Beta small version is a self-extracting archive, Cp16b5.exe. After executing this file by double-clicking on it, you should have at least the following files: Cp16b5.exe 43,448 03-29-96 11:11a Readme.wri 11,264 03-29-96 10:01p Npmidi16.dll 136,512 03-29-96 2:13p Crestest.htm 1,685 03-17-96 7:21a Crestest.mid 9,121 02-11-96 11:23a Note that your file dates and sizes may differ, depending on the revision level. Small Version This version of Crescendo PLUS is of minimal size so that it can be delivered to you by ftp and e-mail. It requires a very simple manual installation. System Requirements This 16-bit Windows 3.1 version of Crescendo requires the following: Microsoft Windows 3.1 the 16-bit Windows 3.1 version of Netscape Navigator, version 2.0 or greater Manual installation To install Crescendo, move the Npmidi16.dll to the Netscape plugins directory. If you know how to do this, move the file, close Navigator down and restart it, and Crescendo PLUS is installed! Additional details on manual installation Netscape Navigator 2.0 has a directory called "plugins" directly under the directory where it stores the Netscape.exe file. A good way to find this is to use the Windows "Find" facility, and search for "plugins." This is the directory where you should m ove the file Npmidi16.dll. If you have two or more plugins directories on your system, you probably have more than one copy of Navigator, and you should move a copy of Npmidi16.dll into each of these plugins directories. Testing Crescendo - How to verify a correct installation - DO THIS! 1. To verify that Navigator has found Crescendo PLUS, select "Help/About Plug-ins" from the menu bar. This shows a listing of file MIME types which all your installed plugins recognize. You should see at least four entries for Crescendo, as follows: audio/x-mid application/x-midi audio/x-midi audio/midi If you see these, you have installed Crescendo PLUS in the right place, and it's ready to go. 2. From the Navigator menu, open the Crestest.htm file using the menu pick "File/Open File", setting the file type to *.mid, and browsing your way to this directory. This web page will load Crescendo, and you should hear music! (If you don't, the page h as help for you.) From this page, there are links to more pages which you can use to test and explore Crescendo PLUS. Now you're ready for music surfing the web, including visiting the winners of the Crescendo Cool Site of the Day awards at http://www.liveupdate.com/sod.html! Authoring Information If you are a web page author, make sure you put the control panel or some kind of link back to the Crescendo web site (http://www.liveupdate.com/crescendo.html) on your site, so you viewers can also be listeners. A good line of text to go with this link is "This site best heard with..." Additional important authoring information is on http://www.liveupdate.com/embed.html. Uninstalling Crescendo Delete the Npmidi16.dll from the plugins directory, and restart Navigator. To uninstall temporarily, rename the file so it doesn't start with "Np" (e.g. XNpmidi16.dll), and restart Navigator. Change the name back when you want to activate Crescendo PLUS again, and restart Navigator. Thank you for testing Crescendo PLUS, and "Spread the Music!" the LiveUpdate team Important License Information: BY INSTALLING THE ATTACHED SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND. LIVEUPDATE CRESCENDO OR CRESCENDO PLUS END USER LICENSE AGREEMENT REDISTRIBUTION NOT PERMITTED This Agreement has 3 parts. Part I applies if you have not purchased a license to the accompanying software (the "Software"). Part II applies if you have purchased a license to the Software. Part III applies to all license grants. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact LiveUpdate on the Internet at http://www.liveupdate.com/crescendo.html. PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT. LiveUpdate grants you a non-exclusive license to use the Software free of charge if (a) you are a student, faculty member or staff member of an educational institution (K-12, junior college, college or library) or an employee of an organization which meets LiveUpdate's criteria for a charitable non-profit organization; or (b) your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to 30 days; evaluation use by others is not subject to this 30 day limit. Government agencies (other than public libraries) are not considered educational or charitable non-profit organizations for purposes of this Agreement. If you are using the Software free of charge, you are not entitled to hard-copy documentation, support or telephone assistance. If you fit within the description above, you may use the Software in the manner described in Part III below under "Scope of Grant." DISCLAIMER OF WARRANTY. Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not LiveUpdate assume the entire cost of any service and repair. In addition, the security mechanisms implemented by LiveUpdate software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID GRANT. Subject to payment of applicable license fees, LiveUpdate grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant." LIMITED WARRANTY. LiveUpdate warrants that for a period of thirty (30) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. LiveUpdate does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. LiveUpdate also warrants that the media containing the Software, if provided by LiveUpdate, is free from defects in material and workmanship and will so remain for thirty (30) days from the date you acquired the Software. LiveUpdate's sole liability for any breach of this warranty shall be, in LiveUpdate's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) LiveUpdate advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform LiveUpdate of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will LiveUpdate be obligated to honor this warranty. LiveUpdate will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY LIVEUPDATE. LIVEUPDATE MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO LIVEUPDATE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS SCOPE OF GRANT. You may: * use the Software on any single computer; * use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; * use the Software on a second computer so long as only one copy is used at a time; * copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. You may not: * permit other individuals to use the Software except under the terms listed above; * permit concurrent use of the Software; * modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; * copy the Software other than as specified above; * rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or * remove any proprietary notices or labels on the Software. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in LiveUpdate and/or its suppliers. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. . LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LIVEUPDATE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LIVEUPDATE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LIVEUPDATE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LIVEUPDATE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. MISCELLANEOUS. If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Massachusetts law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to LiveUpdate's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is LiveUpdate, a division of LABTECH, 400 Research Drive, Wilmington, MA 01877.