home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
BUG 6
/
BUGCD1997_09.BIN
/
INTERNET
/
SPCEBLDR
/
_SETUP.LIB
/
license.txt
< prev
next >
Wrap
Text File
|
1997-02-10
|
9KB
|
171 lines
PARAGRAPH INTERNATIONAL LICENSE AGREEMENT
Internet3D Space Builder v2.1
NOTICE TO USER:
THIS IS A CONTRACT. CAREFULLY READ THIS AGREEMENT
BEFORE YOU START USING THE PRODUCT. BY USING THE
PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE
TERMS, YOU MAY, WITHIN FIFTEEN (15) DAYS OF
PURCHASE, CONTACT PARAGRAPH TO RECEIVE A FULL REFUND.
GRANT. ParaGraph International, Inc., whose address is 1688 Dell
Avenue, Campbell, California 95008 ("ParaGraph") hereby grants to you a
non-exclusive license to use its accompanying software product,
the Internet3D Space Builder v2.1 ("Software") on the following terms:
You may:
(i) use the Software on any single computer for any commercial or
non-commercial purpose;
(ii) use the Software on a second computer so long as the first and
second computers are not used simultaneously; the Software is in
"use" when it is loaded into RAM, installed on a hard disk, or installed
on another storage device;
(iii) make a copy of the Software for archival purposes, provided
any copy must contain all of the original Software's proprietary
notices;
(iv) transfer the Software to a single recipient on a permanent
basis provided you retain no copies of the Software (including backup or
archival copies) and the recipient agrees to the terms and
conditions of this Agreement;
(v) distribute copies of your 3D Spaces; and
(vi) distribute clip media and 3D models delivered with the Software,
only in conjunction with content created by the Software. For any
distribution permitted hereunder, you agree to conduct such distribution in
accordance with the purposes set forth above; provided, however, that you include
Paragraph's and Paragraph's suppliers' copyright notices and Government end user
rights notices;
You may not:
(i) 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
any portion thereof;
(ii) copy the Software (except for back-up purposes);
(iii) rent or lease the Software;
(iv) remove any proprietary notices or labels on or embedded in the Software, or
content created by the Software; or
(v) use ParaGraph's or ParaGraph's suppliers' name, logos, or
trademarks in any manner including, without limitation, in your
advertising or marketing materials, except as is necessary to affix
the appropriate copyright notices as required herein.
TITLE. Title, ownership rights, and intellectual property rights in
and to the Software 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. ParaGraph warrants that the media containing the
Software, if provided by ParaGraph, is free from defects in material
and workmanship and will so remain for ninety (90) days from the date
you acquired the Software. ParaGraph's sole liability, and your sole
remedy, 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 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 IS A LIMITED WARRANTY AND IT IS THE ONLY
WARRANTY MADE BY PARAGRAPH. PARAGRAPH MAKES NO
OTHER WARRANTY, REPRESENTATION, OR CONDITION,
EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. 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.
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, 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.
EXPORT CONTROLS. None of the Software, any portion thereof, or
underlying information or technology may be downloaded or 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 for which export is otherwise restricted
or prohibited; 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, or any portion thereof, 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 of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
U.S. Government End Users. The Software is
"commercial computer software" as such term is used in 48 C.F.R.12.212
(SEPT 1995). Government end users acquire the Software under the
following terms:
(i) for acquisition by or on behalf of civilian agencies, consistent
with the terms set forth in 48 C.F.R. 12.212 (SEPT 1995); or
(ii) for acquisition by or on behalf of units of the Department of
Defense, consistent with the terms set forth in 48 C.F.R. 227.7202-1
(JUN 1995) and 227.7202-3 (JUN 1995).
---------------------------------------------------------------------
ParaGraph International, Inc.
http://www.paragraph.com