PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INDICATING ACCEPTANCE BY CHOOSING THE ACCEPT BUTTON... THIS AGREEMENT LICENSES THE ENCLOSED SOFTWARE TO YOU AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY CONTINUING WITH THE INSTALLATION, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DO SO CHOOSE THE DECLINE BUTTON, AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE.
1. Definitions
a) "SOFTWARE PRODUCT" means the software programs, associated media, documentation (including printed materials and any associated "online" or electronic documentation), and any multimedia assets (including but not limited to 3D models, sample worlds, bit-mapped images, graphics, photographs, animations, video, sounds, applets, and behaviors) included in or available as part of the enclosed package or downloadable executable, as well as all related updates supplied by PLATINUM.
b) "END-USER PRODUCT" means the output file generated by your using the SOFTWARE PRODUCT and any copies of these files. END-USER PRODUCT includes the VRML content you create but does not include the portion of the SOFTWARE PRODUCT required in order for the END-USER PRODUCT to operate on hardware on which the SOFTWARE PRODUCT is not resident. Example END-USER PRODUCTs include VRML worlds for the Web, VRML components of software applications, animations, courseware, presentations, demonstration disks, interactive multimedia material, interactive entertainment products and the like.
c) "RUN-TIME PRODUCT" means the portion of the SOFTWARE PRODUCT required in order for the END-USER PRODUCT to operate on hardware on which the SOFTWARE PRODUCT is not resident.
2. License
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
This agreement allows you to:
a) Use the SOFTWARE PRODUCT on a single computer.
b) Make one copy of the SOFTWARE PRODUCT in machine-readable form solely for backup purposes. You must reproduce on any such copy all the copyright notices and any other proprietary legends on the original copy of the SOFTWARE PRODUCT.
c) Distribute END-USER PRODUCTs without distributing the associated RUN-TIME PRODUCT without limitation. Users of Educational Versions and Not For Resale (NFR) Versions agree that the END-USER PRODUCTs shall not be used for, nor shall they be distributed to any party for any commercial use or gain.
d) Distribute END-USER PRODUCTs with the associated RUN-TIME PRODUCT: for use by personnel employed by you or for use by another party solely for its own internal purposes. Users of Educational Versions and Not For Resale (NFR) Versions agree that END-USER PRODUCTs shall not be used for, nor shall they be distributed to any party for any commercial use or gain. You must enter into a Distribution License or otherwise obtain a distributable RUN-TIME PRODUCT, as discussed in Section 3, if you wish to copy and distribute a RUN-TIME PRODUCT for purposes other than those listed above.
e) Certain SOFTWARE PRODUCTs are licensed with additional rights as set forth in the Supplementary Rights Addendum that may be included in the SOFTWARE PRODUCT.
3. Supplementary Licenses
Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into one of the Supplementary Licenses listed below, please contact us by email at email at info@platinum.com or telephone at 800-442-6861.
a) MULTI-USER LICENSE
You must enter into a Multi-User License if you wish to make copies of the SOFTWARE PRODUCT for use with additional CPUs owned by you. The Multi-User License allows you and other individuals in your organization to use the SOFTWARE PRODUCT in perpetuity or for annual renewable periods, whether loaded on separate computers or a network server, as well as on any home or portable computers that any of you may possess, but only so long as each of you uses the SOFTWARE PRODUCT on just one computer at any time and your organization has paid us our then-current multi-user license fee for the total number of individuals within your organization who will use the SOFTWARE PRODUCT. To obtain a fee quotation, or a perpetual or annual Multi-User License, contact us by email at info@platinum.com or telephone at 800-442-6861.
b) DISTRIBUTION LICENSE
You must enter into a Run-Time Product Distribution Agreement or OEM Bundling Agreement if you wish to copy and distribute a RUN-TIME PRODUCT other than as set forth in Section 2. Alternatively, you can upgrade to the Personal Edition of this SOFTWARE PRODUCT; the Personal Edition includes a distributable RUN-TIME PRODUCT that can be distributed freely with your END-USER PRODUCTs. To obtain a fee quotation, an upgrade, or a Distribution License, contact us by email at info@platinum.com or telephone at 800-442-6861.
4. Restrictions
You may not make or distribute copies of the SOFTWARE PRODUCT, or electronically transfer the SOFTWARE PRODUCT from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE PRODUCT to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the SOFTWARE PRODUCT or any part thereof. END-USER PRODUCTs may contain multimedia assets available within the SOFTWARE PRODUCT (including but not limited to the 3D models, sample worlds, bit-mapped images, graphics, photographs, animations, video, sounds, applets, and behaviors) but these assets may not be distributed separately. Title, ownership rights, and intellectual property rights in and to the content accessed through the SOFTWARE PRODUCT is the property of the applicable content owner and may be protected by applicable copyright or other law. You will not export or reexport, directly or indirectly, the SOFTWARE PRODUCT into any country prohibited by the United States Export Administration Act and the regulations thereunder. Educational Versions and Not For Resale Versions shall not be used for commercial purposes.
PLATINUM may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the PLATINUM polices and programs described in the user manual, in "on line" documentation and/or other PLATINUM-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this agreement. With respect to technical information you provide to PLATINUM as part of the Support Services, PLATINUM may use such information for its business purposes, including for product support and development. PLATINUM will not utilize such technical information in a form that personally identifies you.
Without prejudice to any other rights, PLATINUM may terminate this agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
5. Ownership
The foregoing license gives you limited rights to use the SOFTWARE PRODUCT. Although you own the disk on which the SOFTWARE PRODUCT is recorded, you do not become the owner of, and PLATINUM and its suppliers retain title to, the SOFTWARE PRODUCT (including but not limited to 3D models, sample worlds, bit-mapped images, graphics, photographs, animations, video, sounds, applets, and behaviors incorporated into the SOFTWARE PRODUCT), any RUN-TIME PRODUCTs, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by PLATINUM technology, inc.
6. Limited Warranties
a) PLATINUM warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the SOFTWARE PRODUCT will perform in substantial conformance with the documentation supplied; and (ii) that the media on which the SOFTWARE PRODUCT is furnished will be free from defects in materials and workmanship under normal use. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, PLATINUM DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE PLATINUM PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice given by PLATINUM, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
b) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
7. Exclusive Remedy
Your exclusive remedy under Section 6 is to return the SOFTWARE PRODUCT to the place you acquired it, with a copy of your receipt and a description of the problem. PLATINUM will use reasonable commercial efforts to supply you with a replacement copy of the SOFTWARE PRODUCT that substantially conforms to the documentation, provide a replacement for the defective media or refund to you your purchase price for the SOFTWARE PRODUCT, at its option. PLATINUM shall have no responsibility with respect to SOFTWARE PRODUCT that has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the nonconformance arises out of use of the SOFTWARE PRODUCT in conjunction with software not supplied by PLATINUM.
8. Limitations of Damages
a) PLATINUM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PLATINUM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
b) PLATINUM's total liability to you for actual damages for any cause whatsoever will be limited to the greater of US$5.00 or the amount paid by you for the SOFTWARE PRODUCT that caused such damages
c) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Basis of Bargain
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between PLATINUM and you. PLATINUM would not be able to provide the SOFTWARE PRODUCT on an economic basis without such limitations.
10. Government End Users
The PLATINUM Product is "Restricted Computer Software".
RESTRICTED RIGHTS LEGEND
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. Manufacturer: PLATINUM technology, inc., 1815 South Meyers Road, Oakbrook Terrace, IL 60181, USA.
11. General
This Agreement shall be governed by the internal laws of the State of Illinois. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: PLATINUM technology, inc., 1815 South Meyers Road, Oakbrook Terrace, IL 60181, Attention: Chief Financial Officer.
