THIS IS A LEGAL CONTRACT BETWEEN YOU, THE END USER, AND 3DLABS, INC. BY USING THE SOFTWARE ACCOMPANYING [THIS GUIDE] OR PRE-INSTALLED [ON YOUR SYSTEM], YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, PROMPTLY RETURN THIS SOFTWARE LICENSE AGREEMENT WITH THE UNOPENED SOFTWARE ENVELOPE, OXYGEN CARD AND ANY OTHER ACCOMPANYING ITEMS AND 3DLAB PRODUCTS TOGETHER WITH YOUR RECEIPT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
Software License and Restrictions
The SOFTWARE delivered to you may embody and include, without limitation, certain software programs in object code form (machine-readable but not human-readable form) [and documentation].Use of the SOFTWARE can result in the production of FEATURES that are human-readable, including, without limitation, documentation, report formats, menus, audible prompts and tone sequences. Such SOFTWARE and FEATURES constitute copyrighted property proprietary to 3Dlabs, Inc. or its licensors, and 3Dlabs, Inc. or its licensors retain title to the SOFTWARE (excluding media on which recorded), FEATURES, all copies thereof, and all intellectual property rights therein. No title to the SOFTWARE, FEATURES, any copies thereof or any intellectual property rights therein, are transferred to you. You are hereby granted, for your own internal use only, a nontransferable, nonexclusive, perpetual, revocable license to use one (1) copy of the SOFTWARE [and FEATURES] on the computer on which the SOFTWARE was originally
mounted or installed. Except as specifically authorized by this AGREEMENT, you may not copy the SOFTWARE or FEATURES for any purpose (except that you may make a use one (1) copy of the SOFTWARE solely for backup purposes). You shall not, whether through the use of disassemblers or any other means whatsoever (including ,but not limited to, manual, mechanical or electrical means), reverse engineer, decompile, disassemble, destroy, disable, derive rules of protocol embodied in the SOFTWARE or derive source code from the SOFTWARE OR FEATURES, or attempt to permit any third party to do any of the foregoing. Any attempt to do any of the foregoing shall be a material breach of this AGREEMENT and the license granted herein, which shall immediately entitle 3Dlabs, Inc. to exercise any remedy that may exist at law or in equity. You may not transfer, loan, rent, lease, distribute or grant any rights in the SOFTWARE, FEATURES, copies thereof, or accompanying documentation in any form without the
prior written consent of 3Dlabs, Inc.
Limited Warranty
3Dlabs, Inc. warrants that the SOFTWARE AND FEATURES licensed to you under this AGREEMENT will perform in accordance with 3Dlabs, Inc. published specifications for use on the same operating system as used by you at the time of [purchase] of the SOFTWARE [or the system on which the SOFTWARE is initially mounted or installed] (WARRANTY) for a period of ninety (90) days after the date of delivery to you as evidenced by your receipt (WARRANTY PERIOD). If the SOFTWARE or FEATURES does not conform during the WARRANTY PERIOD, you agree to provide written notice of such failure to 3Dlabs, Inc. and 3Dlabs, Inc. will, at its sole option, repair or replace the SOFTWARE or [refund the full purchase price of _____]. 3Dlabs, Inc. does not warrant that the use of the SOFTWARE or FEATURES will be uninterrupted or error-free and hereby disclaims all liability on account thereof.
THE REMEDIES PROVIDED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limited Liability
NOTWITHSTANDING ANY PROVISION IN THIS LICENSE TO THE CONTRARYNEITHER 3DLABS, INC. NOR ITS LICENSORS OR SUPPLIERSWILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR ANY THEORY OF LIABILITY, WHETHER OR NOT 3DLABS, INC., ITS LICENSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL 3DLABS, INC., ITS LICENSORS' OR SUPPLIERS' LIABILITY ARISING UNDER THIS LICENSE EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION IS INTENDED TO LIMIT THE LIABILITY OF 3DLABS, INC., IT LICENSORS OR ITS SUPPLIERS AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES MAY NOT ALLOW THE FOREGOING LIMITATION, SO THE FOREGOING MAY NOT APPLY TO YOU.
Restricted Rights Notice
Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software - Restricted Rights clause at FAR Section 52.277-19 or (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS Section 252.277-7013, as applicable. Unpublished - rights reserved under the copyright laws of the United States. [Contractor: 3Dlabs Inc., Ltd., 480 Potrero Avenue, Sunnyvale, California 94086.]
Termination
You may terminate the license granted hereunder at any time by destroying all copies, [mergers or modifications] of the SOFTWARE, FEATURES and accompanying materials. 3Dlabs, Inc. may immediately terminate the license granted to you hereunder upon notice for failure to comply with the terms and conditions of this AGREEMENT. Upon such termination, you agree to destroy all copies, [mergers and modifications] of the SOFTWARE and FEATURES and accompanying documents. You agree that a breach of this AGREEMENT will result in irreparable damages to 3Dlabs, Inc. This AGREEMENT is the entire agreement between you and 3Dlabs, Inc. with respect to the use and licensing of the SOFTWARE provided with this AGREEMENT, and supersedes all proposals, warranties, prior agreements or any other communications between the parties relating to the subject matter hereof.
General
This AGREEMENT will be governed by and construed in accordance with the laws of California without regard to conflicts of law principles or the UN Convention on the Sale of Goods. If for any reason a court of competent jurisdiction finds any provision of this AGREEMENT, or portion thereof, to be unenforceable, that provision of the AGREEMENT shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this AGREEMENT shall continue in full force and effect. Should you have any questions concerning this AGREEMENT, please write to: 3Dlabs, Inc., 480 Potrero Avenue, Sunnyvale, California 94086.
