1.License to Use. Customer is granted a non-exclusive and non-transferable license (“License”) for the use of the “Open GL® Compatible Library from Conix Graphics” software in machine-readable form, together with the accompanying documentation (“Software”), by the number of users for which the applicable fee has been paid.
2.License to Develop. This License authorizes Customer to develop software programs utilizing the Software. However, in the event that Customer desires to develop software programs which incorporate portions of Software (“Developed Programs”), the following provisions apply, to the extent applicable: Developed Programs may be used and distributed, but only on computer equipment licensed to utilize Software, unless an additional License Agreement has been executed by Conix Graphics and Customer; and Customer agrees to indemnify, hold harmless and defend Conix Graphics and its licensors from and against any claims or suits, including attorney’s fees, which arise or result from distribution or use of Developed Programs to the extent such claims or suits arise from the development performed by Customer.
3.Restrictions. Software is copyrighted and title to all copies is retained by Conix Graphics and/or its licensors. Customer shall not make copies of Software, other than a single copy of Software for archival purposes and, if applicable, Customer may, for its internal use only, print the number of copies of on-line documentation for which the applicable fee has been paid, in which event all proprietary rights notices on Software shall be reproduced and applied. Except as specifically authorized in Paragraph 2 above or unless enforcement of this provision is prohibited by applicable law, Customer shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software is not designed or licensed for use in on-line control equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines.
4.Confidentiality. Software is confidential and proprietary information of Conix Graphics and/or its licensors. Customer agrees to take adequate steps to protect Software from unauthorized disclosure or use.
5.Limited Warranty. Conix Graphics warrants that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished will be free of defects in materials and workmanship under normal use. Except as stated in the preceding sentence, the Software is provided “AS IS”. This limited warranty extends only to Customer as the original licensee. Customer’s exclusive remedy and Conix Graphic's entire liability under this limited warranty will be, at Conix Graphics option, to repair or replace the Software, or refund the license fee paid therefore.
6.Disclaimer of Warranty. Except as specified in this license, all express or implied conditions, representations and warranties, including any implied warrant of merchant ability, fitness for a praticular purpose or non-infringement, are hereby excluded to the extent allowed by applicable law.
7. Limitation of Liability. In no event will Conix Graphics be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages however caused and regardless of the theory of liability arising out of the use or inability to use software, even if Conix Graphics has been advised of the possibility of such damages. In no event shall Conix Graphic's liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the license fee paid by Customer for Software. The foregoing limitations shall apply even if the above stated warranty fails of its essential purpose.
8.Termination. This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Conix Graphics if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.
9.Export Regulations. Software, including technical data, is subject to U. S. export control laws, including the U. S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Customer shall indemnify and hold Conix Graphics harmless from and against all liability, loss, cost, damage, or expense, including attorney’s fees, which arise or result from Customer’s failure to so comply.
10.U.S. Government Restricted Rights. If Customer is acquiring Software, including accompanying documentation, on behalf of the U. S. Government, the following provisions apply. If Software is supplied to any unit or agency of the United States Government, Software is subject to : ”Restricted Rights” as that term is defined in paragraph 52.227-19(c)(2) of the Federal Acquisition Regulations (“FAR”) or, if supplied to the Department of Defense (“DoD”), in paragraph 252.277-7013(c)(1) of the DoD Supplement to the FARs. Use, duplication, reproduction or disclosure by the Government is subject to such restrictions or successor provisions. Contractor/ Manufacturer is: Conix Graphics
11.Governing Law. This Agreement is made under, shall be governed by and construed in accordance with the laws of the State of Texas, USA, excluding its choice of law provisions.
12.Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provision are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in Conix Graphic's opinion deletion of any provisions of the License by operation of this paragraph unreasonable compromises the rights or liabilities of Conix Graphics or its licensors, Conix Graphics reserves the right to terminate the License and refund the fee paid by Customer as Customer’s sole and exclusive remedy.
13.Integration. This Agreement is the entire agreement between Customer and Conix Graphics relating to Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party.
OpenGL is a registered trademark of Silicon Graphics, Inc.
Power Macintosh is a registered trademark of Apple Computer, Inc.
