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neutron
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license.txt
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1996-09-07
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11KB
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315 lines
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