VRML Tools for 3D Cyberspace/VRML_Tools_For_3D_Cyberspace.iso/hsb_beta/license.txt

Text File | 1996-07-01 | 8KB | 126 lines

     ParaGraph International Electronic End User License Agreement

               Product: Home Space Builder 1.0 (Beta 2)


NOTICE TO USER:

THIS IS A CONTRACT.  BY ACCESSING HOME SPACE BUILDER 1.0 (BETA 2)
ON YOUR COMPUTER, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

GRANT.  ParaGraph International, a Colorado general partnership whose address
is 1688 Dell Avenue, Campbell, California 95008 ("ParaGraph") hereby grants to you
a non-exclusive license to use its accompanying software product ("Software") and
accompanying documentation ("Documentation") on the following terms:

You may: use the Software on any single computer for research and development, testing,
demonstration, to create your personal 3D home page or any other non-commercial use;
use the Software on a second computer so long as the first and second computers are
not used simultaneously; or copy the Software for archival purposes, provided any copy
must contain all of the original Software's proprietary notices.

You may not: use the Software for any commercial purposes, including but  not
limited to  building a 3D home page for your commercial use or building 3D home
pages for third parties;  modify, translate,  reverse engineer,  decompile,  disassemble
(except  to the extent applicable laws specifically prohibit such  restrictions) or  create
derivative works based on the Software or Documentation; copy the  Software or
Documentation (except for  back-up  purposes); rent, lease, transfer or otherwise
transfer rights to the  Software  or  Documentation;  or remove any proprietary   notices
or  labels on the Software or Documentation.

SOFTWARE.  If you receive your first copy of the Software electronically, and a second copy on
media, the second copy may be used for archival purposes only. This license does not grant
you any right to any enhancement or update.

TITLE.  Title, ownership rights, and intellectual property rights in and to the Software and
Documentation shall remain in ParaGraph and/or its suppliers. The Software is protected by
the copyright laws of the United States and international copyright treaties. Title, ownership
rights, and intellectual property rights in and to the content accessed through the Software
is the property of the applicable content owner and may be protected by applicable copyright
or other law. This License gives you no rights to such content.

LIMITED WARRANTY.  You acknowledge and agree that
   (i) the Software is not an official product, nor part of any official product, that has
       been commercially released for sale by ParaGraph;
   (ii) the Software is not in final form and may contain errors, design flaws or other problems;
   (iii) the Software is not expected to function fully or adequately upon installation and it is
        expected and anticipated that further testing, modification and development will be
        necessary to make the Software functional;
   (iv) it may not be possible to make the Software functional;
   (v) use of the Software may result in unexpected results, loss of data, project delays or
        other unpredictable damage or loss; and
   (vi) ParaGraph is under no obligation to release and/or offer for sale a commercial version of
        the Software or any product incorporating the Software, and ParaGraph has the right to
        unilaterally abandon development of the Software at any time and without any obligation
        or liability to you.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY PARAGRAPH.
PARAGRAPH MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF
NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED
WARRANTY PERIOD; SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO
PARAGRAPH DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications
are made to the Software by you during the warranty period; if the media is
subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement,
then this warranty shall immediately be terminated. This warranty shall not apply if the Software
is used on or in conjunction with hardware or Software other than the unmodified version of
hardware and Software with which the Software was designed to be used as described in the
Documentation.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PARAGRAPH OR ITS SUPPLIERS OR
RESELLERS 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 GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF PARAGRAPH'S LIST PRICE
FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF PARAGRAPH
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 DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

TERMINATION.  This license will terminate automatically if you fail to comply with the limitations
described above. On termination, you must destroy all copies of the Software and Documentation.

EXPORT CONTROLS.  None of the Software or underlying information or technology may be
downloaded or otherwise exported or reexported
   (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran,
      Syria or any other country to which the U.S. has embargoed goods; or
   (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals
        or the U.S. Commerce Department's Table of Deny Orders. By downloading or using
        the Software, you are agreeing to the foregoing and you are representing and warranting
        that you are not located in, under the control of, or a national or resident of any such country
        or on any such list.

MISCELLANEOUS.  This Agreement represents the complete agreement concerning
this license between the parties and supersedes all prior agreements and representations
between them. It may be amended only by a writing executed by both parties.
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
CONTAINED IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable. This Agreement
shall be governed by and construed under California law as such law applies to agreements
between California residents entered into and to be performed within California, except as
governed by Federal law. The application the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.

U.S. 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)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in
similar clauses in the NASA FAR Supplement.

Contractor/manufacturer is ParaGraph International, a Colorado general partnership, 1688
Dell Avenue, Campbell, California 95008.