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- NORTHDRAGON 3D WEBMAKER(TM)
- License Agreement
- ----------------------------------------
-
- PLEASE READ THIS LICENSE CAREFULLY BEFORE PROCEEDING WITH THIS
- INSTALLATION PROCESS. BY CLICKING ON THE "YES" BUTTON BELOW, AND
- BY USING THE ENGINE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY
- THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY
- THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON BELOW TO
- TERMINATE THE INSTALLATION PROCESS. THIS AGREEMENT COVERS THE
- NORTHDRAGON 3D WEBMAKER 1.0, MORFIT 3D ENGINE(TM) , THE MORFIT
- WORLD BUILDER(TM) 3.9 AND THE MORFIT TERRAIN BUILDER(TM) 3.0 AND
- ASSOCIATED MEDIA, AS MAY BE MADE AVAILABLE TO YOU FROM THIS
- DOWNLOAD PROCESS (COLLECTIVELY REFERRED TO HEREINAFTER AS
- THE "ENGINE").
- This License represents the entire agreement between you and NORTHDRAGON(TM)
- Ltd. ("NORTHDRAGON") concerning the use of the Engine Product and it supersedes
- any prior proposal, representation or understanding between the parties or between
- you and any other party in respect of the Engine.
-
- 1. License Grant. NORTHDRAGON hereby grants you, and you accept, a non-
- exclusive, royalty-free license to use the Engine only for the purpose of developing
- and running on-line 3D Web sites (3D Web site/s developed using the Engine are
- referred to hereinafter as "Application/s"). These applications are limited to no more
- than 5000 polygons per domain-name and/or per company. This license is specifically
- not to be utilized for the purpose of any application associated directly or indirectly to
- virtual trade shows. Any such utilization of the Engine shall be deemed as an
- infringement of NORTHDRAGON's copyrights.
-
- Using the Engine in off-line programs is totally forbidden under this license. For using
- the Engine in off-line applications, you should comply with the terms of MORFIT's SDK
- License.
-
- 2. NORTHDRAGON reserves the right to use some of the 3D area or all of it for the
- purpose of showing advertising and messages including messages urging you to
- register and pay for the full license. NORTHDRAGON reserves the right to open
- interstitials, popup windows, play sound, open another browser or any kind of other
- technique that is available by the Internet browser (collectively referred to hereinafter
- as "Advertising"). NORTHDRAGON has the right to change the advertising thechnique
- and its content at any time without giving any prior notification. Removing the
- advertising is only possible with the full version.
-
-
- 3. Other than the rights expressly set forth in section 1 above, no other right or interest
- whatsoever in or to the Engine is transferred or granted to you. Without limiting the
- foregoing,
- You may not:
- (I) reverse engineer, decompile or disassemble the Engine or any part thereof;
- (ii) modify, divide, part or revise the Engine or any part thereof, transfer, sub-license
- or otherwise use parts, portions or elements of the Engine, standing alone (as
- opposed to transferring or using the Engine as a whole).
-
- 4. NORTHDRAGON's Rights. You acknowledge and agree that the Engine includes
- proprietary products of MORFIT and NORTHDRAGON, protected under Patent Law,
- Copyright Law and Trade Secret Laws and other intellectual property rights, of general
- applicability. You further acknowledge and agree that between you and
- NORTHDRAGON, NORTHDRAGON solely owns and shall retain all right, title, and
- interest in and to the Engine. This License does not convey to you an interest in or to
- the Engine but only a limited right of use, revocable in accordance with the terms of
- this License Agreement.
-
- 5. NO WARRANTY; NO LIABILITY. The Engine is licensed "As is" and without
- warranty of any kind. NORTHDRAGON expressly disclaims any and all promises,
- representations, and warranties whether expressed or implied, including without
- limitation with respect to the Engine's condition, suitability, and conformity to any
- representation or description or its fitness for a particular use. NORTHDRAGON
- SHALL NOT BE LIABLE UNDER ANY CLAIM related to the Engine, this License
- or an Application, INCLUDING CLAIMS IN RESPECT OF INFRINGEMENT OF
- RIGHTS, INFRINGEMENT OF PATENT, COPYRIGHT, REGISTERED DESIGN
- OR TRADEMARK. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED
- BY APPLICABLE LAW, IN NO EVENT SHALL NORTHDRAGON BE LIABLE FOR
- ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
- WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
- BUSINESS PROFITS, BUSINESS INTERRUPTION) ARISING OUT OF THE USE
- OF OR INABILITY TO USE THE ENGINE, OR FOR ANY LOSS OF OR DAMAGE
- TO PROPERTY RELATING TO OR ARISING FROM THE USE OF THE ENGINE.
-
- 6. Trademarks. MORFIT(TM), NORTHDRAGON 3D (TM), Webmaker (TM), MORFIT
- 3D Engine (TM), MORFIT WORLD BUILDER(TM), MORFIT TERRAIN BUILDER(TM)
- and all Logos are either trademarks of NORTHDRAGON or have been authorized for
- use by NORTHDRAGON. No right, license, or interest to such trademarks are
- generated or granted hereunder.
-
- 7. Severability. Should any term or provision of the License Agreement be declared
- void or unenforceable by any court of competent jurisdiction, such declaration shall
- have no effect on the remainder of the License Agreement.
-
- 8. NO WAIVER. The failure of NORTHDRAGON to enforce any rights granted
- hereunder or to take action against you in the event of any breach hereunder shall
- not be deemed a waiver by MORFIT as to subsequent enforcement of rights or
- subsequent actions in the event of future breaches.
-
- 9. CHOICE OF LAW. This Agreement shall be governed by and construed in
- accordance with the laws of Israel.
-
-