PRODUCT EVALUATION LICENSE FOR MONOLITH BETA SOFTWARE
By clicking on the "I ACCEPT" button below you agree to the terms and conditions of this Agreement. You must accept the terms of this Agreement in order to complete installation of the LithTech software game engine. Monolith will provide you (the "Recipient") with LithTech as well as related sample code to assist with writing game source code (e.g. how to make API calls), electronic documentation and information (collectively the "Product"). Monolith may, in its sole discretion, provide updated releases of the Product or related information to Recipient hereunder, in which case such further pre-releases and related information shall also be covered hereunder as "Product." The Product will be provided to you for evaluation purposes pursuant to the terms of this Agreement. In the event you desire to license the full version of the Product for distribution within its own game product, you may contact Monolith regarding license terms, via email at lithtech@lith.com or by conventional mail at
Monolith Productions, Inc.
10516 N.E. 37th Circle
Kirkland, Washington
98033
LICENSE
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold.
1. GRANT OF LICENSE. Monolith grants to Recipient a limited, non-exclusive, nontransferable, royalty-free license to use one copy of the code of the Product software on a single CPU residing on RecipientÆs premises, solely to evaluate the Product for possible incorporation and use in a software product to be developed by Recipient. All other rights are reserved to Monolith. Recipient shall not rent, lease, sell, sublicense, assign, distribute or otherwise transfer the Product, including any accompanying electronic documentation and information. Recipient may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Product is licensed as a single product. Its component parts may not be separated for use on more than one computer.
2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date accepted by Recipient and shall continue until terminated by Monolith in writing at any time, with or without cause, but in any event, this Agreement shall terminate one year from the date of RecipientÆs acceptance below. Upon the termination of this Agreement, Recipient shall promptly certify deletion and/or destruction of, all full or partial copies of the Product and related electronic documentation and information.
3. COPYRIGHT. All title and copyrights in and to the Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Product), the accompanying printed materials, and any copies of the Product are owned by Monolith or its suppliers. The Product is protected by copyright laws and international treaty provisions.
4. DISCLAIMER OF WARRANTY. THE PRODUCT IS DEEMED ACCEPTED BY RECIPIENT. THE PRODUCT IS PROVIDED *AS IS* WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONOLITH FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND ELECTRONIC DOCUMENTATION AND INFORMATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONOLITH OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF MONOLITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.
5. GOVERNING LAW; ATTORNEYS FEES. This Agreement shall be governed by the laws of the State of Washington and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of Washington. If either Monolith or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneysÆ fees.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The Product is 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 of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
Monolith Productions Inc.
10516 N.E. 37th Circle
Kirkland, Washington
98033
7. EXPORT RESTRICTIONS. Recipient acknowledges that the Product licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendments thereof. Recipient confirms that with respect to the Product, it will not export or re-export it, directly or indirectly, either to (i) any county that is subject to U.S. export restrictions (currently including, but not necessarily limited to, Iran, Iraq, Syria, Cuba, North Korea, Libya, and Sudan), or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; or (iii) any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government. Recipient further acknowledges that the Product may include technical data subject to export and re-export restrictions imposed by U.S.A. law.
8. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between Monolith and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of Monolith and Recipient.
9. PARTIES BOUND. The individual accepting this Agreement represents that he/she has authority to execute this agreement on behalf of such company and agrees that the Product (and any copies thereof) shall remain on the company premises, unless otherwise agreed by Monolith.
IN WITNESS WHEREOF, Recipient has caused this Agreement to be executed by its duly authorized representative.
