READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDE THE SOFTWARE LICENSE AND THE LIMITED WARRANTY (collectively, the "Agreement"). IF YOU DO NOT ACCEPT OR AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, RETURN THE SOFTWARE IN ITÆS UNOPENED CONTAINER WITHIN FIFTEEN (15) DAYS OF PURCHASE FOR A REFUND. INCLUDE A COPY OF THE SALES RECEIPT.
1. License to Use. AccelGraphics, Inc. ("AGI") grants you ("Customer") a nonexclusive and nontransferable license ("License") to use the enclosed AGI graphics software library and accompanying documentation ("Software") to develop and compile software applications that use the Software ("Applications"). This License does not grant the right to distribute any form of the Software with or without Applications
2. Restrictions. The Software is copyrighted and title to all copies is retained by AGI. This program is licensed to you for use under the terms of this Agreement. This license is not a sale. Title and copyrights to the software and any copy of the software made by you remain with AGI. Unauthorized copying of the Software, or failure to comply with the restrictions below, will result in automatic termination of the license and will make available to AGI other legal remedies.
You May:
o Make one (1) copy of the Software in machine readable form solely for backup purposes, provided that you reproduce all copyright and proprietary notices on the copy.
You May Not:
o Make copies of the documentation or program disks except for the one (1) backup copy.
o Distribute Software or Applications which incorporate the Software in any manner.
o Loan, rent, sell, sublicense or otherwise transfer the software and/or documentation.
o Modify, translate, reverse engineer, decompile, disassemble, create derivative works based on or copy (except for the backup copy) the Software.
o Remove any proprietary notices, labels or marks on the Software of AGI or its licensors.
o Export or reexport, whether directly or indirectly, the Software, or any direct or derivative products thereof, outside the United States without first obtaining the appropriate government export licenses and approvals, and obtaining an export license from AGI.
3. Limited Warranty. AGI warrants that the media on which the Software is furnished will be free of defects in materials and workmanship under normal use for a period of thirty-six (36) months from the date of purchase, as evidenced by a copy of your receipt. Otherwise, the Software is provided "AS IS," without a warranty of any kind. This warranty extends only to Customer as the original licensee. AGI's entire liability and Customer's exclusive remedy under this warranty will be the correction of defects in media or replacement of the media, or if correction or replacement is not reasonably achievable by AGI, the refund to Customer of the license fee, upon return of the software.
4. Disclaimer of Warranty. EXCEPT AS SPECIFIED IN THIS LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. AGI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
5. Limitation of Liability. IN NO EVENT WILL AGI BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF AGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Confidentiality. The Software is confidential and proprietary information of AGI and/or its licensors. Customer agrees to take adequate steps to protect the Software from unauthorized disclosure, copying or use.
7. Termination. This License is effective until terminated. Customer may terminate this License by destroying all copies of the Software including accompanying documentation. This license will terminate immediately without notice from AGI if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software
8. U.S. Government Restricted Rights. If Customer is acquiring the Software on behalf of the U.S. Government, the following provisions apply. If the Software is supplied to the Department of Defense ("DOD"), the Software is subject to "Restricted Rights" as that term is defined in the DOD Supplement to the Federal Acquisition Regulations in paragraph 252.227-7013(c). If the Software is supplied to any unit or agency of the United States Government other than DOD, the government's rights in the Software will be defined in paragraph 52.227-19(c)(2) of the Federal Acquisition Regulations. Use, duplication, reproduction or disclosure by the Government is subject to such restriction. Contractor/Manufacturer is:
AccelGraphics, Inc., 1873 Barber Lane, Milpitas, CA 95035 USA.
9. Governing Law. This License is made under and will be governed by the laws of the State of California, USA, excluding its choice of law provisions.
10. Integration. This Agreement between Customer and AGI is the entire agreement between Customer and AGI relating in any way to the Software. This Agreement supersedes any proposal or prior agreement, oral or written and any other communication relating to the subject matter of this Agreement. No variation of the terms of this Agreement or different terms will be enforceable against AGI unless AGI gives its express consent, including an express waiver of the terms of this Agreement, signed in writing by an officer of AGI.
IF YOU HAVE ANY QUESTIONS REGARDING THIS LICENSE, PLEASE CONTACT US IN WRITING AT:
