Boot Disc 19/boot-disc-1998-03.iso/3DfxWeb/License.txt

Text File | 1997-10-10 | 10KB | 151 lines

TORCH END USER EVALUATION LICENSE

Use of Torch and the documentation related thereto, hereinafter the "Software,"
is subject to the following license agreement (the "Agreement").  By clicking on
the "Accept" button, you hereby accept these terms and conditions:

1.    Newfire, Inc. ("Newfire") grants you, until 8/1/98, free of charge, a
personal and non-exclusive license to use the Software on any single computer
within a Internet Browser or as a stand alone engine for the purpose of viewing
multimedia data.

2.    You may not (a) permit other individuals to use the Software except under
the terms of this Agreement, (b) modify, translate or create derivative works
based on the Software, or (c) remove any proprietary notices or labels on the
Software.

3.    The Software is protected by copyright laws of the United States and
international copyright treaty provisions.  The Software, or any portion
thereof, may not be reproduced, rented, leased or in any other manner
redistributed without the prior written consent of Newfire.  You acknowledge
that the Software in source code form remains a confidential trade secret of
Newfire and/or its suppliers and therefore you agree not to modify the Software
or attempt to decipher, decompile, disassemble or reverse engineer the Software,
except to the extent applicable laws specifically prohibit such restriction.

4.    Title, ownership rights, and intellectual property rights in and to the
Software shall remain in Newfire and/or its suppliers.  Title, ownership rights,
and intellectual property rights in and to the content accessed or displayed
through the Software is the property of the applicable content owner and may be
protected by applicable copyright or other law.  This Agreement gives you no
rights to such content.

5.    You may not download and install or otherwise export or re-export the
Software or any underlying information or technology except in full compliance
with all United States and other applicable laws and regulations, including,
without limitation, all United States Department of Commerce or export laws.  By
downloading and installing the Software, you are agreeing to the foregoing and
you are representing and warranting that you are not located in, under control
of, or a national or resident of any country to which the export of the Software
is prohibited.

6.    THE SOFTWARE IS LICENSED TO YOU "AS IS".  TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, NEWFIRE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND
CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY
QUALITY, AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY
JURISDICTION.

NEWFIRE 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,
NEWFIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.  SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.

7.    The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale in enabling the viewing of interactive 3-D files in
hazardous environments requiring fail safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the failure
of the Software could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities").  Newfire and its
suppliers specifically disclaim any express or implied warranty of fitness for
High Risk Activities.

8.    WHILE EVERY EFFORT IS MADE TO ENSURE THAT THE SOFTWARE AND ITS
DOCUMENTATION ARE FREE FROM DEFECT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NEWFIRE, ITS DISTRIBUTORS, DEALERS,
SUPPLIERS, OR EMPLOYEES 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 PROFIT OR GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES OCCASIONED BY THE USE OF THE SOFTWARE.  IN NO EVENT WILL NEWFIRE BE
LIABLE FOR ANY DAMAGES, EVEN IF NEWFIRE 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 STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
APPLY TO YOU.

9.    If you are a unit or agency of the United States Government or are
acquiring the Software for any such unit or agency, the Software and related
documentation are deemed to be "commercial computer software" and "commercial
computer software documentation," respectively, pursuant to DFAR Section
227.7202 and FAR Section 12.212(b), as applicable. Any use, modification,
reproduction, release, performing, displaying or disclosing of the Software
and/or related documentation by the United States Government or any of its
agencies shall be governed solely by the terms of this Agreement and shall be
prohibited except to the extent expressly permitted by the terms of this
Agreement.  Any technical data provided that is not covered by the above
provisions is deemed to be "technical data - commercial items" pursuant to DFAR
Section 227.7015(a).  Any use, modification, reproduction, release, performing,
displaying, or disclosing of such technical data shall be governed by the terms
of DFAR Section 227.7015(b).

10.    Unless terminated sooner, this  Agreement will terminate without notice
from Newfire on 8/1/98.  Notwithstanding the preceding sentence,  this Agreement
will terminate immediately without notice from Newfire if you fail to comply
with any provision of this Agreement.  You may terminate this Agreement at any
time by destroying the Software and all backup copies thereof.  Upon termination
you must, within ten (10) days of such termination, erase the Software, and all
portions thereof, from all computer memories and storage devices within your
possession or control.

11.    This Agreement shall be binding upon Newfire's and your permitted
successors and  assigns.  However, neither this Agreement, nor any license, nor
any part of the Software may be assigned, sublicensed, sold, mortgaged, or
pledged by you without the prior written consent of Newfire.  Newfire will not
unreasonably withhold written consent to assign as long as the proposed assignee
agrees to be bound by the terms of this Agreement.

12.    This Agreement constitutes the entire agreement between the parties and
supersedes any other communications or advertising with respect to the Software.
Notwithstanding the foregoing, to the extent that any court, tribunal, or other
governmental authority of competent jurisdiction determines that any terms of
this Agreement are in conflict with the terms of any statute, treaty, or
regulation, the conflicting terms of this Agreement shall be superseded only to
the extent necessary by the terms required by such law, statute, treaty, or
regulation.  If any provision of this Agreement shall be otherwise unlawful,
void, or for any reason unenforceable, then that provision shall be enforced to
the maximum extent permitted so as to effect the parties' intent.  In either
case, the remaining provisions of this Agreement shall remain in full force and
effect.  This Agreement is governed by the laws of the State of California,
U.S.A., excluding conflict of laws provisions and the 1980 United Nations
Convention on Contracts for the International Sale of Goods.  Newfire's failure
to enforce any provision of this Agreement shall not be deemed a waiver of such
provision.  The parties confirm that it is their wish that this Agreement, as
well as other documents relating hereto, have been and shall be written in the
English language only.  Les parties aux presentes confirment leur volonte qui
cette convention de meme que tous les documents y compris tout avis qui s'y
rattache, soient rediges en langue anglaise.

13. This agreement does not allow you to distribute Torch with your content, or
use it as embedded technology with your content. If you are interested in
distributing Torch or any Newfire related technology you must sign a
Distribution Agreement. To get the Distribution Agreement, contact
[e-mail].

Product and company names appearing in Newfire products and materials are used
for identification purposes only and may be trademarks or registered trademarks
of their respective companies.  Registered and unregistered trademarks used in
any Newfire products and materials are the exclusive property of their
respective owners.