VRML 2.0 Sourcebook (2nd Edition)/VRML 2.0 Sourcebook CD [md5 fed90f4f9c39d5a60d477058775c7e21].iso/software/okino/demos/nugraf/disk1/_setup32.lib/LICENSE.TXT

Text File | 1996-07-16 | 6KB | 90 lines

This license agreement only covers the evaluation version of the
NuGraf Rendering System software. If you purchased a retail
copy of the software then the license agreement provided along
with the distribution package (in hardcopy form) supercedes this
online license agreement.


        OKINO COMPUTER GRAPHICS LICENSE AGREEMENT
   for the evaluation version of the NUGRAF (R) RENDERING SYSTEM


GRANT OF LICENSE. Subject to the terms and conditions contained herein, Okino
Computer Graphics, Inc. of Ontario, Canada ("LICENSOR") grants to you
("LICENSEE") a non-exclusive, non-transferable right to: (i) install and use
the accompanying demonstration version of the NuGraf Rendering System
software (the "LICENSED SOFTWARE") on a single computer (one central
processing unit); and (ii) make archival copies of the LICENSED SOFTWARE for
back-up purposes only for use with the same computer. LICENSEE agrees to
affix a label to the archival copies which contains the copyright and trade-
mark notices printed on the original diskette from which the copy is made.

RESTRICTIONS. The LICENSED SOFTWARE may be used for evaluation purposes
only. The LICENSEE may not: (i) rent, lease or resell the LICENSED SOFTWARE
in any form; or (ii) duplicate, distribute, publish, transfer, sublicense, or
make the LICENSED SOFTWARE and related documentation available in any form to
other organizations or persons except for backup purposes and for the purpose
of installing the LICENSED SOFTWARE; or (iii) modify or adapt the LICENSED
SOFTWARE and the related documentation in whole or in part including but not
limited to translating or creating derivative works; or (iv) electronically
transfer the LICENSED SOFTWARE from one computer to another over a network or
by any other means; or (v) assign, sublicense or transfer any license granted
herein; or (vi) modify, translate, reverse engineer, decompile, or
disassemble the LICENSED SOFTWARE or any portion of it or otherwise attempt
to determine the underlying source code of the LICENSED SOFTWARE.

COPYRIGHT. The LICENSED SOFTWARE and its related documentation are
copyrighted by LICENSOR and is protected by copyright law and international
treaty provisions. The LICENSED SOFTWARE is proprietary to us and contains
valuable trade secrets. Ownership of the LICENSED SOFTWARE and the
intellectual property of the LICENSED SOFTWARE is not transferred by this
Agreement, and remains with LICENSOR. The LICENSED SOFTWARE is licensed to
LICENSEE for use as permitted by this Agreement.

TERMINATION. This Agreement is effective until terminated. This Agreement
and LICENSEE'S license to use the LICENSED SOFTWARE will automatically
terminate without notice if LICENSEE fails to comply with any provision of
this Agreement. Upon termination of this Agreement: (i) LICENSEE shall cease
all use of the LICENSED SOFTWARE and related documentation; and (ii) LICENSEE
shall certify the return or destruction of the LICENSED SOFTWARE and related
documentation, including copies. The following shall survive any termination
of this Agreement: (i) All disclaimers of warranties and limitation of
liability set forth in this Agreement; and (ii) the Confidentiality provision
of this Agreement

CONFIDENTIALITY. The LICENSED SOFTWARE is confidential and proprietary to
LICENSOR and its suppliers. LICENSEE agree not to disclose or provide copies
of the LICENSED SOFTWARE to any other party, or use the LICENSED SOFTWARE for
any other purpose than as provided in this Agreement. All rights not
expressly granted herein are reserved by LICENSOR.

LIMITED WARRANTY. To the maximum extent permitted by law: (i) The LICENSED
SOFTWARE is provided "AS IS" without warranty of any kind; and (ii) LICENSOR
disclaims all other warranties or conditions, express or implied, oral or
written, including, but not limited to the implied warranties or conditions
of merchantability, quality, fitness for any particular purpose, suitability,
performance and support or maintenance of the LICENSED SOFTWARE (save as
expressly set out herein); and (iii) the LICENSEE shall use the LICENSED
SOFTWARE at its own risk

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by
law, in no event will LICENSOR be liable for any damages whatsoever
(including, without limitation, damages for loss of use of the software, loss
of profits, business interruption, loss of data or other business
information, or other incidental or consequential damages) arising out of
the use of, or inability to use, the LICENSED SOFTWARE and its accompanying
documentation, even if LICENSOR, or any agent of LICENSOR has been advised of
the possibility of such damages. Some states or provinces do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to LICENSEE.

GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of Canada and the Province of Ontario.

GENERAL. This Agreement may not be assigned or transferred without the prior
written consent of LICENSOR. No waiver of any breach of any provision of
this Agreement shall constitute a waiver of any other breach of any provision
hereof, and no waiver is effective unless made in writing. All headings are
solely for convenience and shall not be considered in interpreting this
Agreement.