Download Now 8/Download Now V8.iso/Program/InternetTools/HyperCosmPlayer/HypercosmPlayer1_3_2Windows.exe/License.txt

Text File | 2000-02-29 | 11.6 KB | 206 lines

END-USER LICENSE AGREEMENT FOR HYPERCOSM 3D PLAYER TM SOFTWARE


IMPORTANT - READ CAREFULLY: This End User License Agreement (the
"Agreement") is a legal agreement between you (either an individual or a
single entity) and Hypercosm, Inc. ("Hypercosm TM") for the version of the
Hypercosm 3D Player TM Software you are about to download or install (the
"Software") and any of the following, if provided to you with the Software:
"online" or electronic documentation and models and multimedia content
included with the Software provided to you by Hypercosm (collectively, the
Software and such associated materials and content are referred to as the
"Product").  This Agreement licenses the Product to you and contains
important legal provisions including warranty and liability disclaimers. By
clicking the "I Agree" button below, you agree to be bound by the terms of
this Agreement.

If you do not agree to the terms of this Agreement, click the "I Do Not
Agree" button.  If you click the "I Do Not Agree" button or do not click
the "I Agree" button, then you are not authorized to use the Product.

1.    GRANT OF LICENSE

This Agreement grants you the following rights:

Installation and Use.  You may install and use an unlimited number of
copies of the Product.

Right to Copy.  You may make an unlimited number of copies of the Product
for your own use.  You may also make an unlimited number of copies of the
Product for others, provided you distribute the copies pursuant to the
Right to Distribute section below.  You must reproduce on any copy you make
all copyright and trademark notices and any other proprietary legends found
on the original Product.

Right to Distribute.  You may distribute the Product to others or allow
others to make a copy of the Product for their use, provided that: (a) the
version of the Product that you distribute or make available for copying by
others must be the most recent version of the Product that has been
released by Hypercosm (if such version is licensed under different
distribution rules, then you will not have the right to distribute the
Product except as provided in the license for that version); and (b) before
you distribute the Product to others or allow others to make copies of the
Product, you must first require them to agree to the terms of this
Agreement and inform them that this Agreement will be enforceable by
Hypercosm against them.

Upgrades or Updates.  This Agreement does not give you a right or license
to any updates or upgrades that Hypercosm may make available to the
Product.  However, if Hypercosm does provide you in the future with any
updates or upgrades to the Product without requiring a separate license
agreement, then such updates or upgrades shall be considered a part of the
Software and Product for all purposes of this Agreement.

2.    OTHER RESTRICTIONS AND OWNERSHIP

Non-exclusivity and Revocability.  This license is non-exclusive and
revocable. Hypercosm retains the right to license others as it considers
appropriate.

Separation of Components.  The Software and associated content are licensed
together, solely as a single Product.  You will not separate these
component parts or any parts of the Software for use on more than one
computer or make copies of any content files or applets separate from any
permitted copying of the Product as a whole.

Modifications, Reverse Engineering.  You will not modify or create any
derivative works based on the Product or any part of the Product.  You
agree that you will not reverse engineer, decompile, or disassemble the
Product, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.

Ownership; Reservation of Rights.  This license gives you limited rights to
the Product.  You do not own the Product or any intellectual property
rights in the Product. All title and copyrights to the Software and the
Product (including but not limited to any images, photographs, animations,
video, audio, music, text or other content or "applets" incorporated into
the Product) are owned by Hypercosm and its suppliers.  The Product is
protected by copyright laws and international treaty provisions.
Therefore, you must treat the Product like any other copyrighted material
in light of the express rights granted to you in this Agreement.  ALL
RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY HYPERCOSM.

U.S. Export Rules.  You will not export or re-export, directly or
indirectly, the Product or any part of the Product into any country
prohibited by the United States Export Administration Act and regulations
thereunder.  You acknowledge that when you download the Product, you are
not located in a country into which the export of the Product is prohibited
by the United States Export Administration Act and regulations thereunder.

U.S. GOVERNMENT RESTRICTED RIGHTS.  This Product is provided with
RESTRICTED RIGHTS.  Use, duplication or disclosure by the Government is
subject to restrictions set forth in this Agreement and the restricted
rights applicable to commercial computer software  (under DFARS
252.227-7013 or FAR 52.227-19 or parallel regulations, as applicable).  The
Manufacturer is Hypercosm, Inc., 3230 Deming Way, Middleton, WI, 53562 USA.

3.    DISCLAIMER OF WARRANTIES, SUPPORT AND LIABILITY.

NO WARRANTIES.  YOU ACKNOWLEDGE THAT THE PRODUCT WAS PROVIDED TO YOU FREE
OF CHARGE AND THIS PRODUCT IS PROVIDED TO YOU "AS IS."  TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, HYPERCOSM AND ITS SUPPLIERS DISCLAIM
ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE, ANY IMPLIED WARRANTY AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE PRODUCT OR AGAINST NON-INFRINGEMENT, AND ANY
IMPLIED WARRANTIES RELATING TO THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES OR ANY UPDATES OR UPGRADES TO THE PRODUCT. YOU MAY HAVE
OTHER LEGAL RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.

NO LIABILITY FOR DAMAGES.  IN NO EVENT SHALL HYPERCOSM OR ITS SUPPLIERS BE
LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT, THE USE OF
OR INABILITY TO USE THE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, EVEN IF HYPERCOSM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.

NO LIABILITY FOR CONSEQUENTIAL OR OTHER DAMAGES.  IN NO EVENT SHALL
HYPERCOSM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS ARISING OUT OF THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE
PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
HYPERCOSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE
LIMITATION ON DAMAGES IN THIS PARAGRAPH IS INDEPENDENT OF AND IN ADDITION
TO OTHER PROVISIONS IN THIS AGREEMENT RELATING TO REMEDIES OR LIABILITIES
AND SHALL BE ENFORCEABLE EVEN IF SUCH OTHER PROVISIONS ARE UNENFORCEABLE OR
FAIL OF THEIR ESSENTIAL PURPOSE.  BECAUSE SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.

4.    ADVERTISING AND DATA

You understand and agree to the following:

During the period that a content applet is being downloaded to your
computer for use by the Product, the Product may automatically place an
advertisement from one of Hypercosm's advertisers on the screen and that
Hypercosm will receive revenues from such advertisements.  In addition,
while the applet is displayed on your screen, the Product may place a small
advertisement in the corner of the content being displayed to you. You also
understand that the Product will communicate with Hypercosm's web site to
permit Hypercosm to track the advertising.  The Product may also transmit
data relating to or derived from your use of the Product or any content or
web sites accessed by use of the Product, or from the content that you
access with the Product (collectively, the "Data").  You will have no
control over whether any advertising plays while you are using the Product
or whether such Data is collected.  You will have no right to any revenues
generated by Hypercosm or another party by the use of the Product by you or
for any other revenues or fee with respect to the advertising or Data.  The
advertising displayed by the Product may or may not be targeted to the
content or nature of the web site you are viewing when the advertising is
displayed.  In most cases, the advertising displayed will be determined by
Hypercosm in conjunction with its advertisers and is not endorsed,
sponsored or approved by the web site at which it is being played.  The web
site owners and operators likely will have no affiliation with the
advertisers or Hypercosm other than the participation, if any, by the web
site owner in one or more incentive programs offered by Hypercosm.
Hypercosm may, consistent with any restrictions under the law, collect the
Data and Hypercosm will own all of the Data it collects and may use such
Data as it deems appropriate, all without any payments to you.  You hereby
release Hypercosm, its advertisers and any web site from any Claims based
on, relating to, or arising out of any advertising occurring during your
use of the Product, other than Claims against the advertiser that would be
available with respect to advertising in any other medium by that
advertiser, and any claims based on Hypercosm's collection, use, transfer
or licensing of the Data.  "Claim" includes any claim or demand, including,
without limitation, penalties, interest, reasonable attorneys' fees and
costs claimed, demanded, or incurred in connection with any claim or
demand.

5.    GENERAL

Governing Law and Forum.  This Agreement shall be governed by and construed
in accordance with the State of Wisconsin without giving effect to the
principles of conflict of law thereof.  To the extent permitted by
applicable law, any actions brought by any party with respect to this
Agreement or the Product shall be brought exclusively in courts located in
Dane County, Wisconsin, and each party hereto hereby consents to the
personal jurisdiction of such courts.

Complete Agreement.  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.  Any representation, promise, warranty, covenant or undertaking
not expressly set forth in this license shall not be deemed a part of the
Agreement or otherwise legally effective.

Severability.  If a term or condition of this license is invalid or
unenforceable, the remaining terms and conditions will remain in full force
and effect.

Termination.  Hypercosm may terminate this Agreement and/or revoke any or
all licenses described in this Agreement at any time.  Sections 2-5 of this
Agreement shall survive termination.

Amendment.  Hypercosm reserves the right, in its sole discretion, to
change, modify, add or remove all or part of this Agreement.  Hypercosm
will notify you of any modifications or amendments to this Agreement by
posting a notice on the web site on which this Agreement is located. As
used throughout this Agreement, the phrase "Agreement" shall include any
amendments or modifications to the Agreement expressed herein.

Hypercosm 3D Player License - last modified 2/29/00