LOW.3D® STANDARD-EDITION SOFTWARE END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Low.3D End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Low.3D Technologies for the Low.3D Studio, which includes computer software and may include "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or use the SOFTWARE.
1. DEFINITIONS
The definition of terms set forth in this Section, shall apply when such terms are used in this Agreement, and any amendments hereto:
IMPROVEMENTS : shall mean correction of any faults. These faults are in fact very complex and may be impossible to correct within the current state of the art. It is not therefore possible for Low.3D to promise any systematic corrections.
SPECIFICATIONS : shall mean the functional performance parameters of the Licensed Program effective on the date of this Agreement.
2. SOFTWARE LICENSE. Subject to the provisions contained herein, Low.3D grants you a non-exclusive, non transferable license to use the object code version of the Software free of charge for a limited period, and a limited number of use. If you use this software after the evaluation period, a registration fee is required as described in the Low.3D registration form. An activation key will be provided after registration to activate the full registered version on a single computer. This key is strictly personal and you may in no case transfer, forward, or otherwise publicize it. Unregistered use of Low.3D Studio after the evaluation period or duplication of the registration key is in violation of international copyright laws and you shall be held responsible. You may copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
3. LIMITATIONS. You may not (1) permit other individuals to use the Software except under the terms listed above; (2) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; (3) copy the Software other than as specified above; (4) rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or (5) remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software; and (6) sell, license, sublicense, rent or otherwise transfer the Software.
4. TITLE. Title and ownership of all proprietary rights in the Software, including any copyright, patent, trade secret, trademark, trade name or other intellectual property right, will at all times remain the property of Low.3D Technologies. You agree not to remove or obliterate any copyright, trademark or proprietary rights notices of Low.3D from the Software. 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 license gives you no rights to such content.
5. LIMITED WARRANTY AND LIABILITY
DURING THE TRIAL PERIOD, LOW.3D SHALL NOT BE LIABLE UNDER ANY THEORY OR FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT LOW.3D ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY LOW.3D HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
IF YOU HAVE PURCHASED A LICENSE TO THE SOFTWARE, WARRANTS THAT FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF ACQUISITION, THE SOFTWARE, IF OPERATED AS DIRECTED, WILL SUBSTANTIALLY ACHIEVE THE SPECIFICATIONS DESCRIBED IN THE ONLINE DOCUMENTATION.
LOW.3D DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE. BUT, LOW.3D SHALL MAKE ITS BEST EFFORTS TO CORRECT ANY BUGS REVEALED BY LICENSEE IN A REASONABLE TIME, PROVIDED THE BUG APPEARS WITHIN A THREE (3) MONTH PERIOD FOLLOWING ACQUISITION OF THE LICENSED PROGRAM. IMPROVEMENTS MAY SEEM TO BE MINOR CHANGES TO THE USER, BUT ARE OFTEN TECHNICALLY DIFFICULT. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY LOW.3D HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS.
6. TERMINATION. This License will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the software. The obligations of you and Low.3D under Sections 4 ("Title"), 5 ("Limited Warranty and Liability"), 6 ("Termination") and 7 ("General Provisions") hereof will survive termination of this EULA and will continue in full force and effect thereafter.
7. GENERAL PROVISIONS. This License is personal to you and you agree not to assign your rights in this agreement. If any provision of this EULA is held invalid or unenforceable for any reason, the parties agree that such invalidity will not affect the validity of the remaining provisions of this EULA, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision. This EULA constitutes the entire agreement between you and Low.3D and supersedes any prior agreement, whether oral or written, relating to the subject matter of this EULA.
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