Copyright: ©1996 Superscape VR plc. All rights reserved.
Citation: ©1996 Superscape VR plc. All rights reserved.


Superscape Software License and Limited Warranty Agreement

This Software License and Limited Warranty Agreement (this "Agreement") grants you a non-exclusive license to use the Superscape Ltd.  ("Superscape") software described below (the "Software"), under the following terms and conditions:

The "Software" licensed includes the object code version of all the software supplied to you with this Agreement and all upgrades, enhancements or improvements to any of such software subsequently supplied to you by Superscape or its authorized agents, distributors or resellers on any distribution media or via any form of electronic distribution.

SOFTWARE LICENSE.  The Software is owned by Superscape or its suppliers and is protected by United States and other country copyright laws and by international treaty provisions.  No rights are granted to you other than a license to use the Software on the terms expressly set forth in this Agreement. This Agreement imposes certain restrictions on your use of the Software.

You may:

(a) install the Software on any single computer

(b) use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person

(c) make copies of the Software for back-up purposes, but you may not use the back-up copies other than as a replacement for the original copy. You must include on the back-up copies all copyright and other notices included on the Software

You may not:

(a) make any copy of any of the Software other than for backup

(b) transfer or assign your rights to use the Software, including a transfer by operation of law

(c) permit other individuals to use the Software except under the terms listed above

(d) permit concurrent use of the Software

You acknowledge and agree that:

(a) the structure, sequence, organization and source code of the Software are valuable trade secrets of Superscape or its authorized licensor(s)

(b) you will not decompile, disassemble, reverse engineer the Software, or modify the Software in any way, except to the extent that the foregoing restriction is expressly prohibited by applicable law

(c) the export of the Software may be restricted by the export control laws of the United States of America and other countries. You agree to comply with all such export control laws

(d) 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 Agreement gives you no rights to such content

(e) upon any violation of any of the provisions of this Agreement, your rights to use the Software shall automatically terminate and you shall be obligated to return to Superscape or destroy all copies of the Software.

LIMITED WARRANTY.   Superscape warrants that under normal use and conditions for a period of 90 days from receipt (the "Warranty Period") the Software shall function substantially in accordance with the related user documentation provided by Superscape.  If you believe that you have discovered any such defect during the Warranty Period, please contact the person from whom it was purchased.  If such person is unable to help you, or if you obtained the product directly from Superscape, please contact Superscape.

REMEDIES.  Superscape and its suppliers' entire liability and your exclusive remedy under the foregoing warranty shall be, at Superscape's option:  (i) modification or replacement of the Software that does not meet Superscape's Limited Warranty, or (ii) return of the price paid.  Superscape shall have no responsibility, warranty or other obligations whatsoever as a result of (a) a combination of the Software with any program, equipment or device not supplied or recommended by Superscape, (b) any modification of the Software by any person other than Superscape, or (c) your failure to install promptly any updates provided by Superscape.

NO OTHER WARRANTIES.   THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES.  SUPERSCAPE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SUPERSCAPE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.  MOREOVER, THE PROVISIONS SET FORTH ABOVE STATE SUPERSCAPE'S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY.

Without limiting the generality of the foregoing, if the Software is Superscape's VRT software no warranty is made that such Software will generate computer programs with the characteristics or specifications desired by you or that the computer programs and data generated by such Software (the "Generated Code") will be error-free.

THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THESE DISCLAIMERS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

HIGH RISK ACTIVITIES.  The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as online control equipment 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").  Superscape and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

LIMITATION ON LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LIABILITY SHALL SUPERSCAPE OR  ITS  SUPPLIERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST SAVINGS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ARISING IN ANY WAY OUT OF THE SALE, LICENSE OR USE OF, OR INABILITY TO USE, ANY SUPERSCAPE PRODUCT, EVEN IF SUPERSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY.  Superscape's and its employees', representatives' and subsidiaries' liability for damages, regardless of the form of action, shall in all events be limited to the greater of US$500 and any license fee paid by you for the Software.

GENERATED CODE.  Superscape shall not have any right, title or interest in the Generated Code.  You agree to indemnify Superscape and its employees, representatives, and subsidiaries against any loss, liability or expense (including reasonable legal fees) arising out of or in connection with the use, marketing, licensing or sale of the Generated Code or the maintenance, support or other services or activities related thereto.

MISCELLANEOUS.  This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. 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 California law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. 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.

US 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)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to Superscape's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Superscape Ltd., c/o Superscape Inc., 2483 East Bayshore Road, #103, Palo Alto, California 94303.

"Superscape," the Superscape logo, "Viscape," "Visualiser" and "VRT" are the trademarks, and in some jurisdictions may be registered trademarks, of Superscape VR plc. or its affiliates.

Superscape VR plc 1996