ParaGraph International Electronic End User License Agreement
Product: Home Space Builder 1.0 (Beta 2)
NOTICE TO USER:
THIS IS A CONTRACT. BY ACCESSING THE DEMONSTRATION VERSION OF THE HOME SPACE BUILDER 1.0 (BETA 2)
YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THIS IS A DEMONSTRATION VERSION OF THE HOME SPACE BUILDER 1.0 (BETA 2) AND HAS LIMITED FUNCTIONALITY AND CAPABILITY.
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 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.
ParaGraph's sole
liability for any breach of this warranty shall be, in ParaGraph's sole discretion: (i) to replace your
defective media; or (ii) if the above remedy is impracticable, to refund the
license fee you paid for the
Software. Replaced Software and Documentation shall be covered by this limited warranty for the
period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days
after the date of shipment to you of the replaced Software. Only if you inform ParaGraph of your
problem with the Software during the applicable warranty period and provide evidence of the date you
acquired the Software will ParaGraph be obligated to honor this warranty. ParaGraph will use
reasonable commercial efforts to replace or refund pursuant to the foregoing
warranty within thirty (30)
days of being so notified.
THIS SOFTWARE IS PROVIDED "AS-IS." PARAGRAPH MAKES NO EXPRESS WARRANTY AND NO WARRANTY OF
NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. PARAGRAPH DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. AS SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO
PARAGRAPH DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
LIMIITATION 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.
BY ACCESSING THE SOFTWARE, YOU HAVE INDICATED YOUR ACCEPTANCE OF THE FOREGOING LICENSE AGREEMENT.
