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- SOFTWARE LICENCE AGREEMENT FOR NEUTRON (TM)
-
- 1. Notice.
-
- WE ARE WILLING TO LICENSE THE ENCLOSED
- SOFTWARE TO YOU ONLY ON THE CONDITION THAT
- YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
- LICENCE AGREEMENT. PLEASE READ THIS LICENCE
- AGREEMENT CAREFULLY BEFORE OPENING THE
- SEALED DISK PACKAGE. BY OPENING THIS PACKAGE
- OR INSTALLING THE SOFTWARE YOU AGREE TO BE
- BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
- DO NOT AGREE TO THESE TERMS WE ARE UNWILLING
- TO LICENSE THE SOFTWARE TO YOU AND YOU SHOULD
- NOT OPEN THE DISK PACKAGE OR INSTALL THE
- SOFTWARE. IN SUCH CASE, PROMPTLY RETURN THE
- UNOPENED DISK PACKAGE AND ALL OTHER MATERIAL
- IN THIS PACKAGE ALONG WITH PROOF OF PAYMENT,
- TO THE AUTHORISED DEALER FROM WHOM YOU
- OBTAINED IT FOR A FULL REFUND OF THE PRICE
- YOU PAID. IF YOU PURCHASE THIS SOFTWARE
- FROM AN AUTHORISED DEALER, PLEASE NOTE THAT
- THE DEALER HAS AUTHORITY TO ENTER INTO THIS
- AGREEMENT ON OUR BEHALF.
-
- 2. Ownership and License
-
- (a) This is a license agreement and NOT an
- agreement for sale.
- (b) We continue to own the copy of the
- software contained in this package and
- all other copies that you are authorized
- by the Agreement to make (the
- "Software").
- (c) Your rights to use the software are
- specified in this Agreement and we
- retain all rights not expressly granted
- to you in this Agreement.
-
- 3. Permitted Uses
-
- You are granted the following rights to the
- Software:
- (a) Right to Install and Use
- You may install and use the Software on
- the hard disk drive of any compatible
- computer that you own.
- (b) Right to Copy
- You may copy the Software for FREE
- distribution provided you reproduce our
- copyright notice on each copy; and that
- you do NOT distribute the Software for
- monetary gain or as individual
- components. For clarity this means that
- if you distribute or redistribute the
- Software then it must be distributed
- or redistributed in its entirety, i.e.
- as a complete package and including this
- license agreement. The right to copy the
- Software is limited to the extent that
- it is only used for the purpose for
- which it is originally intended.
- (c) Right to Modify
- You may neither modify the Software nor
- merge it into another computer program.
- (d) Right to Transfer
- You may not sell, rent, lend, or lease
- this Software. However, you may
- transfer this license to use the
- Software to another party on a permanent
- basis by transferring this copy of the
- license agreement, at least one
- unaltered copy of the Software, and all
- documentation. Such other party shall be
- licensed under the terms of this
- Agreement upon its acceptance of this
- Agreement by its initial use of the
- Software.
- (e) Identity of Licensee; Purpose of
- License
- This license is personal to the licensee
- identified as the purchaser of the
- software and/or any person to whom this
- license is transferred in accordance
- with Clause 3(d). In the case of an
- individual purchaser or authorized
- transferee, the license granted herein
- is for the benefit only of that
- individual. In the case of a corporate
- purchaser or authorized transferee, the
- license granted herein is for the
- benefit only of that corporation's
- employees and authorized agents. The
- intended purpose of use of the software
- is as follows:
- NEUTRON is an ATOMIC3D animation
- viewer.
-
- 4. Prohibited Uses
-
- You may not, without written permission from
- us:
- (a) Use, store, copy, modify, merge, or
- transfer copies of the Software or
- documentation except as provided in
- this Agreement;
- (b) Use any back-up or archival copies
- of the Software (or allow anyone
- else to use such copies) for any
- purpose other than to replace the
- original copy in the event it is
- destroyed or becomes defective;
- (c) Disassemble, decompile or "unlock"
- reverse translate, or in any manner
- decode the Software for any reason
- except as permitted by Article 6 of
- the EU Software Directive
- (91/250/EEC); or
- (d) Sublicense, sell, lease, or rent
- the Software.
-
- 5. Limited Warranty
- We make the following limited warranties, for
- a period of 30 days from the date you
- acquired the Software from us, or from our
- authorized dealer:
- (a) Media
- The disks and documentation in this
- package will be free from defects in
- materials and workmanship under normal
- use. If the disks or documentation fail
- to conform to this warranty, you may, as
- your sole and exclusive remedy, obtain
- (at your option) either a replacement
- free of charge or a full refund if you
- return the defective disk or
- documentation to us with a dated proof
- of purchase.
- (b) Software
- The copy of the Software in this package
- will materially conform to the
- documentation that accompanies the
- Software. If the Software fails to
- operate in accordance with this
- warranty, you may, as your sole and
- exclusive remedy, return all of the
- Software and the documentation to the
- authorized dealer from whom you acquired
- it, along with a dated proof of
- purchase, specifying the problem, and we
- will provide you either with a new
- version of the Software or a full refund
- (at your option).
- (c) Warranty disclaimer
- We do not warrant that this Software
- will meet your requirements or that its
- operation will be uninterrupted or
- error-free. We exclude and expressly
- disclaim all express and implied
- warranties or conditions not stated
- herein.
- (d) Savings
- Some Member States of the European Union
- and States of the United States of
- America do not allow the exclusion of
- certain implied warranties or
- conditions, so the above exclusion may
- not apply to you, and does not exclude
- any implied warranties or conditions
- which may not under applicable law be
- excluded. This limited warranty gives
- you specific legal rights and is in
- addition to any other legal rights you
- may have, which vary from one Member
- State to another. THIS AGREEMENT DOES
- NOT AFFECT YOUR STATUTORY RIGHTS.
-
- 6. Limitation of Liability
-
- (a) Our liability to you for any losses
- shall not exceed the amount you
- originally paid for the Software.
- (b) In no event will we be liable to you for
- any indirect or consequential damages
- (including loss of profits) even if we
- have been advised of the possibility of
- such damages.
- (c) Nothing in this Clause limits our
- liability to you in the event of death
- or personal injury resulting from our
- negligence.
-
- 7. Confidentiality - Non US users only
-
- (a) The Software and documentation relating
- thereto contains confidential
- information and you agree not to
- disclose such information to any third
- party other than our own employees or
- authorized agents without our prior
- consent.
- (b) The obligation of confidentiality under
- paragraph (a) of this Clause includes
- any confidential information relating to
- the Software which is obtained by you as
- the result of any analysis or
- decompilation permitted under Articles
- 5(3) and 6 of the EU Software Directive
- (91/250/EEC).
- (c) This Clause shall survive the
- termination of this Agreement.
-
- 8. United States Government Restricted
- Rights.
-
- The enclosed Software and documentation are
- provided with Restricted Rights. Use,
- duplication or disclosure by the US
- Government or any agency or instrumentality
- thereof is subject to restrictions as set
- forth in subdivision c(1)(ii) of the Rights
- in Technical Data and Computer Software
- clause at 48 C.F.R. 252.227-7013, or in
- subdivision c(1) and (2) of the Commercial
- Computer Software - Restricted Rights Clause
- at 48 C.F.R. 52.227-19, as applicable.
- Contractor/Manufacturer is Nucleus
- Interactive, Inc. at 12011 San Vicente Blvd.
- Los Angeles, CA 90049
-
- 9. Export Controls - Non United States
- Users
-
- You agree that you will not directly or
- indirectly transfer the Software or
- documentation to any country to which such
- transfer would be prohibited by any
- applicable export control laws.
-
- Export Controls - United States Users
-
- You agree that you will not directly or
- indirectly transfer the Software or
- documentation to any country to which such
- transfer would be prohibited by the US Export
- Administration Act and the regulations issued
- thereunder.
-
- 10. Termination
- (a) This license and your right to use the
- Software automatically terminates if
- you:
- (i) fail to comply with any provisions
- of this Agreement.
- (ii) destroy the copies of the Software
- in your possession or voluntarily
- return the Software to us, or
- (iii) transfer the Software to
- another party in accordance with
- Clause 3(d).
- (b) Upon termination you will destroy or
- return to us all copies of the Software
- and documentation other than those
- copies transferred to another party in
- accordance with Clause 3(d).
- (c) Otherwise, the restrictions on your
- rights to use the Software will expire
- upon expiration of the copyright of the
- Software.
- (d) Except in cases of serious or
- irremediable breach, we will give you
- notice of any breach and a reasonable
- opportunity to cure the breach before
- the Agreement is terminated under sub-
- Clause (a)(i) above.
-
- 11. Miscellaneous Provisions
-
- (a) This Agreement will be governed by and
- construed in accordance with the
- substantive laws of England whose courts
- shall have jurisdiction over all
- disputes which may arise between us.
- (b) This is the entire agreement between us
- relating to the contents of this
- package, and supersedes any prior
- purchase order, communications,
- advertising or representations
- concerning the contents of this package.
- (c) No change or modification of this
- Agreement will be valid unless it is in
- writing and is signed by us.
-
- Canadian Transactions:
-
- If you acquired this Software in Canada, you
- agree to the following:
- The parties hereto have expressly required
- that the present Agreement and its Exhibits
- be drawn up in the English language. / Les
- parties aux presentes ont expressement exige
- que la presente convention et ses Annexes
- soient redigees en langue anglaise.
-
- If you have any questions about this
- Agreement, write to us at:
- Nucleus Interactive, Inc., 12011 San Vicente
- Blvd., Los Angeles, CA 90049, or call us on
- Tel: 440-1600 Fax: (310) 440-1623
- email:sales@atomic3d.com.
-
- You may download updates and new Art GroupPacks
- (AGPs) from our WEB/FTP site on
- ftp.atomic3d.com or www.atomic3d.com
-