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- 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.