BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
END USER EVALUATION LICENSE AGREEMENT
On expiry of the 60 day evaluation period, if you wish to purchase a full license, contact Superscape on the Internet at http://www.superscape.com.
TERMS APPLICABLE UNDER EVALUATION LICENSE
Superscape grants you a non-exclusive license to use the Software (the "Software") free of charge if your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period is limited to 60 days. If you are using the Software free of charge, you are not entitled to hard-copy documentation, support or telephone assistance. If you fit within the description above, you may use the Software under the following terms and conditions.
SOFTWARE LICENSE
The Software is owned by Superscape or its suppliers and is protected by United States and other country copyright laws and by international treaty provisions. No rights are granted to you other than a license to use the Software on the terms expressly set forth in this Agreement. This Agreement imposes certain restrictions on your use of the Software.
You may:
* install the Software on any one computer;
* use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person;
* make copies of the Software for back-up purposes, but you may not use the back-up copies other than as a replacement for the original copy. You must include on the back-up copies all copyright and other notices included on the Software
You may not:
* make any copy of any of the Software other than for backup;
* transfer or assign your rights to use the Software, including a transfer by operation of law;
* permit other individuals to use the Software except under the terms listed above; or
* permit concurrent use of the Software.
You acknowledge and agree that:
* the structure, sequence, organization and source code of the Software are valuable trade secrets of Superscape or its authorized licensor(s);
* you will not decompile, disassemble, reverse engineer the Software, or modify the Software in any way, except to the extent that the foregoing restriction is expressly prohibited by applicable law;
* the export of the Software may be restricted by the export control laws of the United States of America and other countries, you agree to comply with all such export control laws;
* title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law; this Agreement gives you no rights to such content;
* upon any violation of any of the provisions of this Agreement, your rights to use the Software shall automatically terminate and you shall be obligated to return to Superscape or destroy all copies of the Software.
WARRANTIES
Superscape warrants that it has the right to license the Software but otherwise the Software is licensed ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND SUPERSCAPE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DESCRIPTION, AND ANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. Superscape warrants that the Software will be supplied using reasonable care and skill. Superscape does not warrant that the Software supplied is error-free, accurate or complete. Should the Software prove defective, you and not Superscape assume the entire cost of any service and repair. In addition, the security mechanisms implemented by Superscape software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. Without limiting the generality of the foregoing, if the Software is Superscape's VRT software no warranty is made that such Software will generate computer programs with the characteristics or specifications desired by you or that the computer programs and data generated by such Software (the "Generated Code") will be error-free. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THESE DISCLAIMERS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
HIGH RISK ACTIVITIES The Software 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 the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Superscape and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
LIMITATION ON LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LIABILITY SHALL SUPERSCAPE OR ITS SUPPLIERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST SAVINGS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ARISING IN ANY WAY OUT OF THE SALE, LICENSE OR USE OF, OR INABILITY TO USE, ANY SUPERSCAPE PRODUCT, EVEN IF SUPERSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY. Superscape's and its employees', representatives' and subsidiaries' liability for damages, regardless of the form of action, shall in all events be limited to the greater of US$500 and any license fee paid by you for the Software.
GENERATED CODE Superscape shall not have any right, title or interest in the Generated Code. You agree to indemnify Superscape and its employees, representatives, and subsidiaries against any loss, liability or expense (including reasonable legal fees) arising out of or in connection with the use, marketing, licensing or sale of the Generated Code or the maintenance, support or other services or activities related thereto.
MISCELLANEOUS This Agreement represents the complete agreement concerning this license and may only be amended in writing by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.
US GOVERNMENT RESTRICTED RIGHTS Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to Superscape's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Superscape Ltd., c/o Superscape Inc., 2483 East Bayshore Road, #103, Palo Alto, California 94303.
"Superscape," the Superscape logo, "Viscape," "Visualiser" and "VRT" are the trademarks, and in some jurisdictions may be registered trademarks, of Superscape VR plc or its affiliates.
