PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PROCEEDING. This Agreement licenses the software to you and contains warranty and liability disclaimers. By selecting the "Yes" button, you are confirming your acceptance of the software and agreeing to become bound by the terms of this Agreement. If you do not wish to do so, select the "No" button and do not install the software.
1. DEFINITIONS
(a) "CYBERWORLD Software" means the software program covered by this Agreement, and all related updates supplied by CYBERWORLD International Corporation.
(b) "CYBERWORLD Product" means the CYBERWORLD(r) Viewer and CYBERWORLD(r) Builder Software and any related documentation, models and multimedia content (such as animation, sound and graphics), and all related updates supplied by CYBERWORLD International Corporation.
2. LICENSE
This Agreement allows you to:
(a) Use the CYBERWORLD Product on a single computer solely for the purpose of evaluation or review.
(b) Make one copy of the CYBERWORLD Product in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original.
(c) Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a Site or Network License, please contact CYBERWORLD Corporation.
3. RESTRICTIONS
You may not make or distribute copies of the CYBERWORLD Product, or electronically transfer the CYBERWORLD Product from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the CYBERWORLD Software to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the CYBERWORLD Product or any part thereof.
4. OWNERSHIP
The foregoing license gives you limited rights to use the CYBERWORLD Product. You do not become the owner of, and CYBERWORLD International Corporation retains title to, the CYBERWORLD Product, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by CYBERWORLD Corporation.
5. DISCLAIMER OF WARRANTIES AND OF TECHNICAL SUPPORT:
The CYBERWORLD Product is provided to you free of charge, and on an "AS IS" basis, without any technical support or warranty of any kind from CYBERWORLD International Corporation including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.
6. LIMITATION OF DAMAGES:
CYBERWORLD INTERNATIONAL CORPORATION SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CYBERWORLD INTERNATIONAL CORPORATION OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between CYBERWORLD International Corporation and you. You agree that CYBERWORLD International Corporation would not be able to provide the CYBERWORLD Software on an economic basis without such limitations.
8. GENERAL:
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: CYBERWORLD International Corporation 7380 Sand Lake Road, Suite 500 Orlando, FL 32819 USA, Attention: Chief Financial Officer.
CYBERWORLD is registered trademark of CYBERWORLD International Corporation
