End user agreement for Sun Blast Demo for Mac OS X
SUN BLAST DEMO - END USER LICENSE AGREEMENT
Last updated: Jul 30, 2009
PLEASE READ THIS DOCUMENT CAREFULLY!
THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN OBLONE SOFTWARE ("OBLONE") AND YOU, EITHER AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORISED REPRESENTATIVE ("YOU" AND "YOUR"), REGARDING THIS SOFTWARE, INCLUDING ALL RELATED DOCUMENTATION AND UPDATES AND UPGRADES THAT REPLACE OR SUPPLEMENT THE SOFTWARE, PROVIDED BY OBLONE AS PART OF, OR IN CONNECTION WITH THE SOFTWARE (COLLECTIVELY, THE "SOFTWARE").
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT ENTIRELY, UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT INSTALL, COPY OR USE THE SOFTWARE.
1. License Grant
OBLONE hereby grants you a limited, non-exclusive license to install and use the Software, only for personal, non-commercial use, subject to the following terms:
(i) use the demo version of the Software on an unlimited number of computers;
(ii) distribute identical copies of the demo version of the Software.
2. License Restrictions
You may not (in whole or part):
(i) decompile, disassemble or reverse engineer the Software or attempt to discover the source code;
(ii) modify, or create derivative works based upon, the Software without the express written consent of OBLONE;
(iii) remove any proprietary notices or labels on the Software;
(iv) resell, rent, lease, sublicense the Software;
(v) use the Software to infringe the copyrights or other intellectual property rights of others in any way.
3. No Obligation
OBLONE may amend, modify, change or cease distribution of the Software at any time without obligation to you or any third party.
OBLONE may amend, modify, change this Agreement at any time without obligation to you or any third party.
This Agreement does not entitle you to receive any updates or future versions of the Software.
This Agreement does not obligate OBLONE to release, maintain or support the Software or any program.
You acknowledge that no title to the intellectual property in the Software is transferred to you.
All title, ownership rights and intellectual property rights in and to the Software and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation incorporated into the Software) are owned by OBLONE or its licensors.
All third party components, hardware devices, software or titles that are used or mentioned by the Software, are property of their respective owners and are not part of the Software, hence not governed by this Agreement.
You may transfer all your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the Software from your computer.
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Software and all its copies in your possession or control.
OBLONE may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Software and all its copies in your possession or control.
7. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
OBLONE SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OBLONE DOES NOT WARRANT THAT THE SOFTWARE OR ITS COMPONENTS WILL MEET YOUR REQUIREMENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OBLONE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
YOUR RIGHTS MAY VARY BY JURISDICTION.
8. Limitation of Liability
YOU USE THE SOFTWARE SOLELY AT YOUR OWN RISK.
OBLONE DOES NOT WARRANT THAT THE SOFTWARE OR THIRD-PARTY COMPONENTS WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, SOFTWARE OR OTHER TECHNOLOGY OR DATA.
IN NO EVENT OBLONE SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM OR RELATED TO THE USE OF THE SOFTWARE OR THIRD PARTY COMPONENTS, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF OBLONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR RIGHTS MAY VARY BY JURISDICTION.
You agree to indemnify, defend and hold harmless OBLONE, including each of its employees, officers, directors and personnel from any claims, expenses, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this Agreement and/or misuse of the Software.
10. Equitable Remedies
You agree that a breach of this Agreement may cause irreparable injury to OBLONE and therefore you agree that OBLONE shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as OBLONE may otherwise have available to it under applicable laws.
11. Severability and Survival
In the event that any provision of this Agreement is illegal or unenforceable under applicable law, the remaining portions of this Agreement shall remain in full force and effect.
12. Governing law
This Agreement will be governed by the laws of Romania and all related international laws. With respect to every matter arising under this Agreement, you consent to the exclusive jurisdiction of the courts sitting in Romania.
13. Agreement Updates
This Agreement may only be modified by OBLONE. Updates may be licensed to you with additional or different terms. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.