THREE D GRAPHICS AMIGO 2000 SINGLE-COPY LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This Three D Graphics Amigo 2000 Single-Copy License Agreement ("AGREEMENT") is an agreement between a legal entity ("Licensee") and Three D Graphics, Inc. ("Licensor") for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Licensed Product"). The Licensed Product also includes any updates and supplements to the original Licensed Product provided to Licensee by Licensor. Any third party software provided along with the Licensed Product that is associated with a separate license agreement between Licensor and such third party is licensed to Licensee under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the Licensed Product, Licensee agree to be bound by the terms of this AGREEMENT. If Licensee does not agree to the terms of this AGREEMENT, or does not install or use the Licensed Product, Licensee may return it to Licensee's place of purchase for a full refund.
Software PRODUCT LICENSE
The Licensed Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Product is licensed, not sold.
1. GRANT OF LICENSE. This AGREEMENT grants Licensee the following rights:
Applications Software. Licensee may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the Licensed Product, or any prior version for the same operating system, on a single computer, workstation, terminal, handheld PC, pager, "smart phone," or other digital electronic device ("COMPUTER"). The primary user of the COMPUTER on which the Licensed Product RUNS may make a second copy for Licensee's exclusive use on a portable computer.
Storage/Network Use. Licensee may also store or install a copy of the Licensed Product on a storage device, such as a network server, used only to RUN the Licensed Product on Licensee's other COMPUTERS over an internal network; however, Licensee must acquire and dedicate a license for each separate COMPUTER on which the Licensed Product is RUN from the storage device. A license for the Licensed Product may not be shared or used concurrently on different COMPUTERS.
Multi-Copy License. If this package is part of a Three D Graphics Amigo 2000 Multi-Copy License, Licensee may RUN additional copies of the computer software portion of the Licensed Product up to the number of copies specified in a separate multi-copy license agreement that supplements this AGREEMENT. Licensee is also entitled to make a corresponding number of secondary copies for portable computer use as specified above.
Reservation of Rights. All rights not expressly granted are reserved by Licensor.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Resale Software. If the Licensed Product is labeled "Not For Resale" or "NFR" or "Evaluation", then notwithstanding other sections of this AGREEMENT, Licensee's use of the Licensed Product is limited to use for demonstration, test, or evaluation purposes and Licensee may not resell, or otherwise transfer for value, the Licensed Product.
Limitations on Reverse Engineering, Decompilation, and Disassembly. Licensee may not reverse engineer, decompile, or disassemble the Licensed Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components. The Licensed Product is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
Trademarks. This AGREEMENT does not grant Licensee any rights in connection with any trademarks or service marks of Licensor.
Rental. Licensee may not rent, lease, or lend the Licensed Product.
Support Services. Licensor may provide Licensee with support services related to the Licensed Product ("Support Services"). Use of Support Services is governed by the Licensor's policies and programs described in the "online" documentation, and/or in other Licensor-provided materials. Any supplemental software code provided to Licensee as part of the Support Services shall be considered part of the Licensed Product and subject to the terms and conditions of this AGREEMENT. With respect to technical information Licensee provides to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies Licensee.
Software Transfer. The initial Licensee of the Licensed Product may make a one-time permanent transfer of this AGREEMENT and Licensed Product only directly to an end user. This transfer must include all of the Licensed Product (including all component parts, the media and printed materials, any upgrades, this AGREEMENT, and, if applicable, the Multi-Copy License Agreement). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this AGREEMENT, including the obligation not to further transfer this AGREEMENT and the Licensed Product.
Termination. Without prejudice to any other rights, Licensor may terminate this AGREEMENT if Licensee fails to comply with the terms and conditions of this AGREEMENT. In such event, Licensee must destroy all copies of the Licensed Product and all of its component parts.
3. UPGRADES.
If the Licensed Product is labeled as an upgrade, Licensee must be properly licensed to use a product identified by Licensor as being eligible for the upgrade in order to use the Licensed Product. A Licensed Product labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for Licensee's eligibility for the upgrade. Licensee may use the resulting upgraded product only in accordance with the terms of this AGREEMENT. If the Licensed Product is an upgrade of a component of a package of software programs that Licensee licensed as a single product, the Licensed Product may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER.
4. COPYRIGHT.
All title and copyrights in and to the Licensed Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Licensed Product), any accompanying printed materials, and any copies of the Licensed Product are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Licensed Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This AGREEMENT grants Licensee no rights to use such content. If this Licensed Product contains documentation which is provided only in electronic form, Licensee may print one copy of such electronic documentation. Licensee may not copy any printed materials which may accompany the Licensed Product.
5. DUAL-MEDIA SOFTWARE.
Licensee may receive the Licensed Product in more than one medium. Regardless of the type or size of medium Licensee receives, Licensee may use only one medium that is appropriate for Licensee's single COMPUTER. Licensee may not RUN the other medium on another COMPUTER. Licensee 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 Licensed Product.
6. BACKUP COPY.
After installation of one copy of the Licensed Product pursuant to this AGREEMENT, Licensee may keep the original media on which the Licensed Product was provided by Licensor solely for backup or archival purposes. If the original media is required to use the Licensed Product on the COMPUTER, Licensee may make one copy of the Licensed Product solely for backup or archival purposes. Except as expressly provided in this AGREEMENT, Licensee may not otherwise make copies of the Licensed Product or any printed materials which may accompany the Licensed Product.
7. U.S. GOVERNMENT RESTRICTED RIGHTS.
All Licensed Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Licensed Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
8. EXPORT RESTRICTIONS.
Non-Exportable Encryption. If this AGREEMENT is labeled or the Licensed Product is identified as "US/Canada Only, Not for Export" above, then the Licensed Product is subject to the following terms: The Licensed Product is intended for distribution only in the United States and Canada. Export of the Licensed Product from the United States is regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). A license is required to export the Licensed Product outside the United States or Canada. Licensee agree that Licensee will not directly or indirectly export or re-export the Licensed Product (or portions thereof) to any country, other than Canada, or to any person or entity subject to U.S. export restrictions without first obtaining a Commerce Department export license. Licensee warrants and represents that neither the BXA nor any other U.S. federal agency has suspended, revoked, or denied Licenseer export privileges.
Exportable Encryption. If this AGREEMENT is not labeled and the Licensed Product is not identified as "US/Canada Only, Not for Export" above, then the following terms apply: Licensee agrees that Licensee will not export or re-export the Licensed Product, any part thereof, or any process or service that is the direct product of the Licensed Product (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. Licensee specifically agrees not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who Licensee knows or has reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency
of the U.S. government. Licensee warrants and represents that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied Licensee's export privileges.
9. NOTE ON JAVA SUPPORT.
THE Licensed Product MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
10. MISCELLANEOUS
This AGREEMENT is governed by the laws of the State of California, USA.
Should Licensee have any questions concerning this AGREEMENT, or if Licensee desire to contact Licensor for any reason, please contact the Licensor by email (threedgraphics.com) or telephone (310-553-3313) or by mail:
Three D Graphics, Inc.
Sales Information Center
1801 Ave of the Stars #600
Los Angeles, CA 90067
LIMITED WARRANTY. Licensor warrants that (a) the Licensed Product will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Licensor shall be substantially as described in applicable materials provided to Licensee by Licensor, and Licensor support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to Licensee. To the extent allowed by applicable law, implied warranties on the Licensed Product, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. Licensor's and its suppliers' entire liability and Licensee's exclusive remedy shall be, at Licensor's option, either (a) return of the price paid, if any, or (b) repair or replacement of the Licensed Product that does not meet Licensor' Limited Warranty and which is returned to Licensor with a copy of Licensee's receipt. This Limited Warranty is void if failure of the Licensed Product has resulted from accident, abuse, or misapplication. Any replacement Licensed Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Licensor are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Licensor and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Licensed Product, and the provision of or failure to provide Support Services. This limited warranty gives Licensee specific legal rights. Licensee may have others, which vary from state/jurisdiction to state/jurisdiction.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Licensed Product or the provision of or failure to provide Support Services, even if Licensor has been advised of the possibility of such damages. In any case, Licensor's entire liability under any provision of this AGREEMENT shall be limited to the greater of the amount actually paid by Licensee for the Licensed Product or U.S.$5.00; provided, however, if Licensee have entered into a Three D Graphics Support Services Agreement, Licensor's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to Licensee.
