CyberMotion 3D-Designer (c)Copyright 1995-2005 Reinhard Epp Software. All Rights Reserved. 1. If you use the shareware evaluation version of CyberMotion 3D-Designer, SECTION 1 applies to you. 2. If you use the registered version of CyberMotion 3D-Designer, SECTION 2 applies to you. 3. If you want to distribute the shareware evaluation version of CyberMotion 3D-Designer, SECTION 3 applies to you. SECTION 1. END-USER LICENSE AGREEMENT FOR THE SHARWARE EVALUATION VERSION OF CyberMotion 3D-Designer This is a legal Agreement between you (either an individual or an entity) and Reinhard Epp Software, pertaining to the "use" of the shareware evaluation of CyberMotion 3D-Designer ("SHAREWARE"). The SHAREWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., a hard disk or other storage device) of that computer. You acknowledge that this SHAREWARE is copyrighted by Reinhard Epp Software, and is protected by German copyright laws and international treaty provisions. You must treat the SHAREWARE as you would any other copyrighted material (e.g., a book or musical recording). You are granted a non-exclusive license to use the SHAREWARE. You are not obtaining title to the SHAREWARE or any copyright rights. Reinhard Epp Software retains title and ownership of the SHAREWARE. You may not sublicense, rent, lease, modify, translate, reverse engineer, decompile, or disassemble the SHAREWARE for any purpose. By distributing this SHAREWARE, you agree to be bound by the terms and conditions as set forth in SECTION 3 of this document. If Reinhard Epp Software provides to you any software feature enabling codes, passwords, or procedures, you agree to hold them in strict confidence. Making any such code, password or procedure available to any third party is in strict violation of this agreement. Violators will be prosecuted to the maximum extent possible under law. LIMITED WARRANTY REINHARD EPP SOFTWARE DISCLAIMS ALL WARRANTIES RELATING TO THIS SHAREWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. NEITHER REINHARD EPP SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SHAREWARE SHALL BE LIABLE FOR ANY LOSS OF PROFIT OR COMMERCIAL DAMAGE OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SHAREWARE EVEN IF REINHARD EPP SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL REINHARD EPP SOFTWARE LIABILITY FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SHAREWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON OR ENTITY USING THE SHAREWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SHAREWARE. The legal venue for any litigation in connection with this Agreement will be in Bielefeld, Germany SECTION 2. END-USER LICENSE AGREEMENT FOR THE REGISTERED VERSION OF CyberMotion 3D-Designer This is a legal Agreement between you (either an individual or an entity) and Reinhard Epp Software, pertaining to the "use" of the registered version of CyberMotion 3D-Designer ("SOFTWARE"). The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., a hard disk or other storage device) of that computer. You acknowledge that this SOFTWARE is copyrighted by Reinhard Epp Software or its suppliers, and is protected by German copyright laws and international treaty provisions. You must treat the SOFTWARE as you would any other copyrighted material (e.g., a book or musical recording). You are granted a non-exclusive license to use the SOFTWARE on a single computer. You are not obtaining title to the SOFTWARE or any copyright rights. Reinhard Epp Software, retain title and ownership of the SOFTWARE. You may not sublicense, rent, lease, convey, modify, translate, reverse engineer, decompile, or disassemble the SOFTWARE for any purpose. You may NOT use this SOFTWARE on more than one computer. If you need to use the software on more than one computer, please contact Reinhard Epp Software for information on obtaining a site license. You may make copies of the SOFTWARE solely for back-up or archival purposes. You may NOT make any copies of any printed documentation accompanying the SOFTWARE. If Reinhard Epp Software provides to you any software feature enabling codes, passwords, or procedures, you agree to hold them in strict confidence. Making any such code, password or procedure available to any third party is in strict violation of this agreement. Violators will be prosecuted to the maximum extent possible under law. LIMITED WARRANTY If Reinhard Epp Software provides a physically defective copy of the SOFTWARE, Reinhard Epp Software will replace it upon notification within 90 days from the date of purchase. Aside from this, REINHARD EPP SOFTWARE DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. NEITHER REINHARD EPP SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY LOSS OF PROFIT OR COMMERCIAL DAMAGE OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF REINHARD EPP SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL REINHARD EPP SOFTWARE'S LIABILITY FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON OR ENTITY USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. The legal venue for any litigation in connection with this Agreement will be in Bielefeld, Germany SECTION 3. DISTRIBUTION LICENSE AGREEMENT FOR THE SHAREWARE EVALUATION VERSION OF CyberMotion 3D-Designer CyberMotion 3D-Designer (c)Copyright 1995-2005 Reinhard Epp Software. All Rights Reserved. BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU INDICATE YOUR AGREEMENT TO THE TERMS OF THIS VENDOR AGREEMENT. WEB: http://www.3d-designer.com mailto: support@3d-designer.com =============== YOU SHOULD KNOW =============== [*] Everyone can -- and is encouraged! -- to copy, upload and generally pass around this Program without charging for it. [*] Reinhard Epp Software strongly recommends, however, that distribution be made from a copy from Reinhard Epp Software or from one of its authorized sources (such as from www.3d-designer.com) to prevent the sale of older versions. [*] All advertising of the Program must, at a minimum, include "CyberMotion 3D-Designer" in the description. [*] No right is given by this agreement to copy, use or distribute any other version, including any version that is registered, or not marked shareware, or that contains any other files other than the original files. ======= LICENSE ======= [1] DEFINITIONS: "Program" means CyberMotion 3D-Designer and its related files, including this one. [2] OWNERSHIP: Except to the extent expressly licensed, Reinhard Epp Software owns and reserves the exclusive right to distribute the Program, and to use the Trademarks in connection with it. Its content, layout and format are the property of Reinhard Epp Software to the extent permitted by law. [3] GRANT AND CONDITIONS: Reinhard Epp Software grants a non-exclusive license to distribute the Program on PC-compatible media under the Trademarks subject to the following conditions: [A] CONDITIONS FOR ALL DISTRIBUTION [1] All of the Program's files, including this one, as released by Reinhard Epp Software must be included without modification. [2] No copyright or trademark information may be removed. [3] You agree that all software feature enabling codes, passwords, or procedures, will not be distributed or provided to any third party. Making any such code, password or procedure available to any third party is in strict violation of this agreement. Violators will be prosecuted to the maximum extent possible under law. [4] You must not [a] distribute any version of the Program with unauthorized changes including but not limited to additional, different or modified models; or [b] characterize such versions as an "add-on" or "extension" of any Reinhard Epp Software product; or [c] distribute any unauthorized third party utility designed to alter any Reinhard Epp Software software product. [B] ADDITIONAL CONDITIONS IF YOU CHARGE: If your distribution involves a disk or other physical medium, you must also: [1] Clearly market the Program as shareware, which requires (among other things) using "try before you buy" or similar words on packaging for the Programs. [2] Include your name, address and phone number on the packaging and in any added documentation. This can be imprinted on the package or may be in the form of a label affixed to the box, carton or folder. [3] Try to sell only the most current version of the Program. [4] You may not charge more than $9 for copying and/or distributing the Program. [5] Distribute copies only after the programs on newly created master diskettes have been thoroughly tested. Always use high quality media and duplication technology. [6] Program updates and "screen shots" will be made available upon request. [4] TERM: Unless terminated for cause, your grants under this agreement terminate 30 days after you receive written notice, or such longer period as the notice may provide. Following such termination, you may distribute the Program only until the earlier of 60 days after the termination date in the notice, or distribution of the copies you have in stock at the time of termination. Sections [2], [5], and [6] survive termination. [5] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If Reinhard Epp Software provides a physically defective copy of the Program, Reinhard Epp Software will replace it upon submission of the defective one. Aside from this, the Program IS PROVIDED "AS-IS", AND NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IS SUCH REPLACEMENT, AND UNDER NO CIRCUMSTANCES WILL WE PROVIDE ANY OTHER REMEDY FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. [6] MISCELLANY [A] Since we would be irreparably damaged if Section [3], [4] or [6][D] were not specifically enforced, we will be entitled without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of such sections, in addition to such other remedies as we may have. [B] You will hold us, our partners, contractors, employees and agents harmless from damage, loss and expense arising directly or indirectly from your acts and omissions in copying and distributing the Program, including from any installation routine that you may add. [C] With respect to every matter arising under this, you consent to the exclusive jurisdiction and venue in Bielefeld, Germany, and to service by certified mail, return receipt requested, or as otherwise permitted by law. [D] You will not modify, decompile, disassemble, or reverse engineer the Program, or use or disclose any confidential information that it contains.