End user agreement for Thanksgiving Scenery 3D
END-USER LICENSE AGREEMENT FOR OUTRIX(tm) CORPORATION SOFTWARE
IMPORTANT-READ CAREFULLY: This Outrix Corporation End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Outrix Corporation ("Outrix") for the Outrix software accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("ScreensaverTitleUp" or "SOFTWARE PRODUCT"). By exercising your rights to make and use copies of the ScreensaverTitleUp, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the ScreensaverTitleUp.
The ScreensaverTitleUp is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The ScreensaverTitleUp is licensed, not sold.
GRANT OF LICENSE
This EULA grants you the following rights:
Installation and Use. You may install and use one copy of the ScreensaverTitleUp on a single computer. Optionally you may store or install the ScreensaverTitleUp on a storage device, such as a network server, to run the ScreensaverTitleUp on your computer or your other computers; however the same license may not be shared or used concurrently on different computers or servers. Sufficient licenses must be acquired for each shared or concurrently used ScreensaverTitleUp.
Reproduction and Distribution. You may not reproduce or distribute the ScreensaverTitleUp except to make backup copies, or to install as provided for above.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the ScreensaverTitleUp, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
No Commercial Use. You may not use the Software for any commercial purpose, including, without limitation:
a. distribution (electronically or otherwise);
a. display; or
a. offering on a pay-per-play, coin-op or other for charge basis.
Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the ScreensaverTitleUp, and the recipient agrees to the terms of this EULA.
Reservation of Rights. Outrix reserves all rights not expressly granted under this EULA.
The Software is provided to you for trial use for a limited period of time or number of uses without license fee (collectively "trial period"). You agree not to use the Software following the expiration of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer after deletion of the Software in order to prevent you from installing another copy and repeating the trial period. Also you acknowledge and agree that the Software may include notifications and signs about limited version usage. You may not modify the Software or disable any licensing or control features of the Software.
If you pay the license fee, Outrix will grant you a personal license to use one copy of the Software in accordance with the terms of this License Agreement in perpetuity (the perpetual license period).
If you do not pay the license fee before the expiration of the trial period, the Software will either cease operating or not properly function.
You agree that you will not export or re-export the Software, any part thereof, or any process or service that is the direct product of the Software, except in accordance with all applicable U.S. export restrictions.
The Software includes third-parties' components which are covered by specific licenses as specified below.
Cg.dll is a part of CG Toolkit 1.4.1 and covered by Cg Distribution license (see Cg_Redist_License.pdf).
OIS.dll is derivated from 'zlib' general purpose compression library version 1.2.3 (see zlib.txt).
OgreMain.dll, Plugin_CgProgramManager.dll, Plugin_ParticleFX.dll, RenderSystem_Direct3D9.dll are parts of OGRE 1.4.4 Eihort (see ogre.txt).
Without prejudice to any other rights, Outrix may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the ScreensaverTitleUp and all of its component parts.
All title and copyrights in and to the ScreensaverTitleUp (including but not limited to any images, text, and "applets" incorporated into the ScreensaverTitleUp), the accompanying printed materials, and any copies of the ScreensaverTitleUp are owned by Outrix or its suppliers. The ScreensaverTitleUp is protected by copyright laws and international treaty provisions. Therefore, you must treat the ScreensaverTitleUp like any other copyrighted material.
NO WARRANTIES. Outrix expressly disclaims any warranty for the ScreensaverTitleUp. The ScreensaverTitleUp and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the ScreensaverTitleUp remains with you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Outrix or its suppliers be liable for any 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 this Outrix product, even if Outrix has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
GOVERNING LAW AND VENUE. This EULA is governed by the laws of the State of Virginia, USA, excluding its conflict of laws rules, and specifically excludes the United Nations Convention on Contracts for the International Sale of Goods. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the courts of the State of Virginia shall have exclusive jurisdiction over any such suit or action, and you hereby agree to submit to the jurisdiction of such courts.
ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and Outrix with respect to the Software, and replaces all other agreements or representations, whether written or oral. The terms of this EULA cannot be modified by any terms in any printed forms used by the parties in performing the EULA, and can only be modified by express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. The original of this EULA is in English. If it is translated into another language, the English language version shall prevail.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as commercial computer software as defined in DFARS 252.227 7013 (Oct 1988), DFARS 252.211 7015 (May 1991) or DFARS 252.227 7014 (Jun 1995), as a commercial item as defined in FAR 2.101(a), or as Restricted computer software as defined in FAR 52.227 19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and any accompanying documentation by the applicable FAR or DFARS clause or the Outrix standard software agreement for the product involved.
Copyright (C) 2007 Outrix Corp.
Lacombo(tm) and Outrix(tm) as well as their logotypes are trademarks of Outrix Corporation and protected by law.
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