End user agreement for Tank Universal
LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (this "Agreement") is a legal agreement between you, the end-user, and DIALOGUE DESIGN.
BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Grant of License.
Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, DIALOGUE DESIGN grants to you the non-exclusive and limited right to use the Software only in executable or object code form. The term "Software" includes all elements of the Software, including, without limitation, data files and screen displays.
You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyrights, trademarks, or other rights related thereto.
For purposes of the first sentence of this section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device.
You agree that the Software will not be downloaded, shipped, transferred, exported or re-exported into any country in violation of any law governing such matters by you or anyone at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the Software in violation of any applicable law.
The Software shall not be downloaded or otherwise exported.
In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances and statutes.
DIALOGUE DESIGN reserves all rights not granted in this Agreement, including, without limitation, all rights to DIALOGUE DESIGN' trademarks.
2. Prohibitions with Regard to the Software. You, whether directly or indirectly, shall not do any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a pay-per-play basis;
e. distribute the Software by any means, including, but not limited to, Internet or other electronic distribution, direct mail, retail, mail order or other means;
f. in any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose;
g. disassemble, reverse engineer, decompile, modify or alter the Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted by section 3. herein below);
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software; or
l. remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software or the Printed Materials (as defined in section 4. below).
3. Permitted Copying.
You may make only the following copies of the Software:
(i) you may copy the Software from the CD ROM, which you purchase, onto your computer hard drive;
(ii) you may copy the Software from your computer hard drive into your computer RAM; and
(iii) you may make one (1) "back up" or archival copy of the Software on one (1) hard disk.
4. Intellectual Property Rights.
Certain printed materials (the "Printed Materials") accompany the Software.
The Software, the Printed Materials and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software and the Printed Materials are owned by DIALOGUE DESIGN and are protected by copyright laws, international treaty provisions and all applicable law.
You must treat the Software and the Printed Materials like any other copyrighted material, as required by any applicable law.
You agree to use your best efforts to see that any user of the Software licensed hereunder, the Printed Materials or the New Creations complies with this Agreement.
You agree that you are receiving a copy of the Software and the Printed Materials by limited license only and not by sale and that the "first sale" does not apply to your receipt or use of the Software or the Printed Materials.
This section shall survive the cancellation or termination of this Agreement.
5. NO DIALOGUE DESIGN WARRANTIES.
DIALOGUE DESIGN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE PRINTED MATERIALS, THE SOFTWARE IMAGES AND OTHERWISE.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. DIALOGUE DESIGN DOES NOT WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS.
ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY DIALOGUE DESIGN AND SHOULD NOT BE RELIED UPON.
This section shall survive the cancellation or termination of this Agreement.
6. General Provisions.
Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you.
DIALOGUE DESIGN may assign its respective rights under this Agreement in the assigning party's sole discretion.
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby.
If any provision is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law.
Failure of DIALOGUE DESIGN to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND DIALOGUE DESIGN MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU, WHICH ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT.
Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software, or the Printed Materials in any manner, and you shall immediately destroy all copies of the Software and the Printed Materials in your possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in DIALOGUE DESIGN.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS, IF ANY, BETWEEN DIALOGUE DESIGN AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO, RELATING TO THE SUBJECT MATTER HEREOF.
THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, BETWEEN DIALOGUE DESIGN AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Copyright (c) 2007 AGEIA Technologies, Inc.
AGEIA PhysX Driver License Agreement
This End User License Agreement (the "Agreement") is a legal agreement between you (either individually or an entity) ("You" and "Your") and AGEIA Technologies Inc. ("AGEIA" and "AGEIA's") regarding the use of the AGEIA PhysX Driver and any accompanying documentation (collectively, the "Software").
YOU MUST READ AND AGREE TO THE TERMS OF THIS AGREEMENT BEFORE ANY SOFTWARE CAN BE DOWNLOADED OR INSTALLED OR USED. BY CLICKING ON THE "AGREE" BUTTON OF THIS AGREEMENT, OR INSTALLING SOFTWARE, OR USING SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE, NOT INSTALL OR USE ANY SOFTWARE, AND DESTROY ALL COPIES OF THE SOFTWARE THAT YOU HAVE DOWNLOADED. BY DOING SO YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO DOWNLOAD OR INSTALL OR USE SOFTWARE.
This license is only granted to and only may be used by You. AGEIA grants You a limited, non-exclusive, non-transferable license to use the provided Software for evaluation, testing and non-commercial production purposes according to the terms set forth below:
1. Use of the Software.
a. You may use, display and reproduce the AGEIA PhysX Driver.
b. You may not and shall not permit others to:
(i) modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Software, including without limitation any such mechanism used to restrict or control the functionality of the Software, or to derive the source code or the underlying ideas, algorithms, structure or organization from the Software (except that the foregoing restrictions do not apply to the extent that such activities may not be prohibited under applicable law);
(ii) alter, adapt, modify or translate the Software in any way for any purpose, including without limitation error correction;
(iii) distribute, rent, loan, lease, transfer or grant any rights in the Software or modifications thereof in any form to any person without the prior written consent of AGEIA.
c. No Commercial Distribution Right. This license grants no rights to distribute the Software for any commercial purposes. Any and all individuals, companies, non-academic government agencies or other organizations wishing to redistribute the Software for any purpose must enter into written contract with AGEIA. Please contact info@AGEIA.com for further information.
2. Ownership. This license is not a sale. Title, copyrights and all other rights to the Software and any copy made by You remain with AGEIA and its suppliers and licensors. Unauthorized copying of the Software, or failure to comply with the license restrictions set forth in Section 1(b) above, will result in automatic termination of this license and will make available to AGEIA other legal remedies.
3. Termination. This license is effective once You click the "AGREE" button of this Agreement, or install or use the Software, and will continue until terminated. Unauthorized copying of the Software, Your failure to comply with the above restrictions or Your failure to comply with any terms of this Agreement will result in automatic termination of this Agreement and will make available to AGEIA other legal remedies. Upon termination of this license for any reason You will destroy all copies of the Software. Any use of the Software after termination is unlawful. Upon termination of this Agreement, all rights granted to You in this Agreement shall immediately terminate. AGEIA's rights and Your obligations under this Agreement shall survive any termination of this Agreement.
4. Trademarks. Certain of the product names used in this Agreement and the Software constitute trademarks, trade names, trade dress, or service marks ("Trademarks") of AGEIA or other third parties. You are not authorized to use any such Trademarks for any purpose.
5. No Warranty. THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND AGEIA MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SOFTWARE. AGEIA AND ITS SUPPLIERS AND LICENSORS MAKE AND YOU RECEIVE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH YOU, AND AGEIA AND ITS SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR EQUIVALENTS. AGEIA does not warrant that the operation of the Software will be uninterrupted or error free or that the Software will meet Your specific requirements.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
6. Limitation of Liability. IN NO EVENT WILL AGEIA, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE FOR LOSS OF OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THE SUPPLY OR USE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF AGEIA OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED. YOU ACKNOWLEDGE THAT THE LACK OF A REQUIRED PAYMENT BY YOU FOR THE SOFTWARE REFLECT THIS ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. Indemnity. You agree to indemnify and hold AGEIA, its successors, assigns, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your failure to comply with this Agreement or Your violation of any law or the rights of any third party.
8. Legal Compliance. You agree that You shall fully comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Software.
9. Governing Law and General Provisions. This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather, this Agreement and the performance of the parties hereunder shall be construed in accordance with and governed by the laws of the State of California, U.S.A., except for its conflict of law rules. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Santa Clara County, California, U.S.A., and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. This Agreement is the entire agreement between You and AGEIA and supersedes any other communications, representations or advertising with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Agreement shall continue in full force and effect. Failure to prosecute a party's rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach. If You are acquiring the Software on behalf of any part of the U.S. Government, the following provisions apply. The Software programs and documentation are deemed to be "Commercial computer software" and "Commercial computer software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software programs and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be "Technical data-commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b).
10. Questions. Should You have any questions relating to this Agreement, or if You desire to contact AGEIA for any reason, please contact info@AGEIA.com.
Copyright (c) 2007 AGEIA Technologies, Inc. All rights reserved.