IMPORTANT-Read carefully: this 3DNA Corp. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and 3DNA Corp. for the software and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). This EULA is valid and grants the end-user license rights only if the software is genuine 3DNA Corp. software. By installing, copying or otherwise using the software, you agree to be bound by the terms of this EULA. If you do not agree to be bound by the terms of this EULA, do not install or use the software.
1. GRANT OF LICENSE. 3DNA Corp. ("3DNA") grants you the right to use one (1) copy of the enclosed 3DNA software program and accompanying documentation (together with any upgrades supplied by 3DNA, (collectively, the "SOFTWARE") according to the conditions specified below. All rights not expressly granted herein are reserved by 3DNA, its suppliers, licensors, or successors.
YOU MAY:
a) Install the SOFTWARE on only one (1) computer or workstation;
b) Make no more than one (1) copy of the SOFTWARE in machine readable form, solely for back-up purposes, provided that you reproduce all proprietary notices on the copy;
c) Physically transfer the SOFTWARE from one (1) computer to another, provided that the SOFTWARE is used on only one (1) computer at a time;
d) Permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades and this EULA), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
YOU MAY NOT:
a) Use the SOFTWARE on more than one computer or workstation at a time;
b) Modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except to create the back-up copy) the SOFTWARE;
c) Rent, lend, transfer, distribute, or grant any rights in the SOFTWARE in any form to any person without the written consent of 3DNA;
d) Remove any proprietary notices, labels, or marks from the SOFTWARE.
2. UPGRADE PRODUCTS. Any upgrades to the SOFTWARE may only be used in conjunction with the prior version of the SOFTWARE.
3. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by 3DNA or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE. Macromedia Director was used in the creation of this product. DIRECTOR COPYRIGHT 1984-2000 Macromedia, Inc.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is 3DNA Corp., Suite 305, 145 Front Street East, Toronto, Ontario, M5A 1E3.
6. LIMITED WARRANTY AND DISCLAIMER. 3DNA warrants that for a period of ninety (90) days from the date of sale of the SOFTWARE to you, the SOFTWARE, under normal use, will perform substantially in accordance with the accompanying written materials. 3DNA's entire liability and your exclusive remedy under this warranty (which is subject to you returning the SOFTWARE to 3DNA) will be, at 3DNA's option, to replace the SOFTWARE or to refund the purchase price and terminate this Agreement. Except for these express limited warranties, 3DNA makes, and you receive, no warranties or conditions, express, implied, statutory, or otherwise, and 3DNA specifically disclaims any implied warranties of merchantability, non-infringement and fitness for a particular purpose. 3DNA does not warrant that the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error free. You assume the responsibility for the selection of your requirements, software, and hardware to achieve your intended results; for installation; for use; and that the operations of the SOFTWARE will be uninterrupted or error free. Some jurisdictions do not allow the exclusion of implied warranties so that the above exclusions may not apply to you. This warranty gives you specific legal rights. You may also have other rights which vary from jurisdiction to jurisdiction.
7. PROPRIETARY RIGHTS. This license is not a sale. Title and copyrights to the SOFTWARE and accompanying documentation, including the enclosed copies and any copy made by you, remain with 3DNA or its suppliers, licensors, or successors.
8. LIMITATION OF LIABILITY. 3DNA's liability arising out of this Agreement shall not exceed the amounts paid by you to obtain the SOFTWARE. In no event will 3DNA be liable for any loss of data, lost opportunity of profits, cost of cover, or special, incidental, consequential, or indirect damages arising from the use of the SOFTWARE in this Agreement, however caused and on any theory of liability. These limitations will apply even if 3DNA or an authorized dealer has been advised of the possibility of such damage, and notwithstanding any failure of essential purpose of any limited remedy. You acknowledge that the amount paid for the SOFTWARE reflects this allocation of risk. 3DNA makes no warranty that (i) the software will meet your requirements, (ii) the use of the software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the software will be accurate or reliable, (iv) the quality of the software will meet your expectations, (v) any errors in the software will be corrected, and/or (vi) you may use, practice, execute, or access the software without violating the intellectual property rights of others. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE in any form without the appropriate United States and foreign government licenses, and 3DNA's written approval. Your failure to comply with this provision is a material breach of this contract. If you need advice on such export laws and regulations, you should contact the U.S. Department of Commerce, Export Division, Washington, DC 20230, USA, for clarification.
10. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by removing from your system and destroying all copies of the SOFTWARE and the accompanying documentation. Unauthorized copying of the software or the accompanying documentation or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of this Agreement and will make available to 3DNA other legal remedies. Upon termination of this Agreement, the license granted herein will terminate and you must immediately destroy the SOFTWARE and accompanying documentation, and all back-up copies thereof.
11. MISCELLANEOUS. This is the entire Agreement between the parties relating to the subject matter hereof and no waiver or modification of the Agreement shall be valid unless signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement is governed by the laws of the Province of Ontario, Canada, without reference to conflict of laws principles. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the provincial and federal courts located in the Province of Ontario, Canada, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Should you have any question about this Agreement, or if you desire to contract 3DNA Corp. please write: 3DNA Corp., Suite 305, 145 Front Street East, Toronto, Ontario, M5A 1E3 Telephone No.: (416) 599-6009 Facsimile No.: (416) 599-6867 E-Mail: info@3DNA.net.
