ARHIFX 3D STUDIOS ™
LIMITED USE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT BEFORE OPENING AN ARCHIFX 3D STUDIOS™ COMPACT DISK (“CD”) AND COPYING DATA FILES (“PRODUCT FILES”) FROM THE CD. BY BREAKING THE CD SEAL AND/OR USING THE PRODUCT FILES , YOU (THE “USER”) HAVE AGREED TO ACCEPT AND BE BOUND BY THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. THIS IS A LIMITED USE LICENSE AGREEMENT (“AGREEMENT“) BETWEEN THE USER AND ARCHIFX 3D STUDIOS.
COPYING AND/OR USING THESE PRODUCT FILES EXCEPT AS PERMITTED BY THIS AGREMMENT IS COPYRIGHT INFRINGEMENT UNDER THE LAW, AND MAY BE SUBJECT TO CRIMINAL PENALTIES.
1. GRANT OF LICENSE.
Archifx 3D Studios grants you a royalty free, nonexclusive, nontransferable, limited license to use the Product Files contained on the CD for inclusion into your own graphic works.
Under this agreement you are permitted to:
A. Install and download Product Files from CD onto the hard drive of only one computer at any one time.
B. Make one (1) archival (back-up) copy of the Product Files onto a hard disk or other storage media.
C. Move or transfer Product Files from one computer to another provided it is used only on one computer at a time.
Under this agreement you are not permitted to:
A. Transfer the license hereby granted to you.
B. Rent, lease, sub-license, loan, copy (except as provided by in this Agreement), translate, distribute, reverse engineer, sell, disseminate, compile, reproduce, publicly display, or create derivative works based on the whole or any part of the Product Files.
C. Use the Product Files on more than one computer at one given time.
D. Violate U.S. Export Administration Act by shipping, transferring, or exporting the product files to any prohibited and/or embargoed country.
E. Receive any ownership or proprietary right, title or interest to Archifx 3D Studios’ copyrights, trademarks, or other related rights.
F. Remove, alter, or obscure any proprietary notices, labels or marks on the Product Files.
2. WARRANTY DISCLAIMER.
ARCHIFX 3D STUDIOS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND ARCHIFX 3D STUDIOS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARCHIFX 3D STUDIOS DOES NOT WARRANT THAT THE OPERATION OF THE CD-ROM AND PRODUCT FILES WILL BE UNINTERUPPED OR ERROR-FREE.
3. LIABILITY DISCLAIMER.
ARCHIFX 3D STUDIOS NOR ITS AGENTS SHALL IN NO CASE BE HELD LIABLE FOR ANY DAMAGES WHATEVER THE CAUSE, INCLUDING THOSE ARISING FROM LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INCIDENTAL, COST OF COVER OR OTHER SPECIAL, CONSEQUENTIAL , INDIRECT, PUNITIVE, OR ANY SUCH DAMAGES ARISING FROM THE USE OF THE CD AND PRODUCT FILES. THIS LIABILITY LIMITATION WILL APPLY EVEN IF ARCHIFX 3D STUDIOS HAS BEEN ADVISED OF THE POSSIBLILITY OF SUCH DAMAGE. THE LIMITATION OR EXCLUSION OF LIABILITY IS NOT ALLOWED IN SOME STATES AND JURISDICTIONS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. U.S. GOVERNMENT USER RESTRICTIONS.
The software and documentation are provided with restricted rights if acquired by or for the U.S. Government and are proprietary to ECM. Use, duplication, or disclosure by the U.S. Government, any state, local or federal government is subject to restrictions as set forth in subparagraph (c)(I)(iii) of The Rights in Technical Data and Computer Software-Restricted Rights at DFARS 252.227-7013, or subparagraph (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable.
A. This license shall terminate without further notice or action by Archifx 3D Studios if you, the licensee, shall fail to comply with any terms of this Agreement, become bankrupt, or make an arrangement with your creditors to go into liquidation. Once Agreement is terminated, you shall immediately delete and/or destroy all copies of the CD and Product Files including but not limited to the CD sent to you by Archifx 3D Studios and any archival copies that were made.
B. Archifx 3D Studios shall have no responsibility or liability whatsoever arising from loss or theft of the CD or Product Files. Specifically, Archifx 3D Studios shall not be obligated to replace any lost or stolen CDs or lost Product Files. You are solely responsible for safeguarding the CD and Product Files from loss or theft.
C. This agreement shall not be governed by the UN Convention on Contracts for the Sale of Goods; rather this Agreement shall be governed by the laws of the State of Oklahoma, U.S.A. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the CD and Product Files.
D. The CD, Product Files, website content, all copyrights, trademarks and all other conceivable intellectual property rights related to the CD and Product Files are owned solely by Archifx 3D Studios and are protected by the United States Copyright Act of 1976, international treaty provisions, and all other applicable laws.
E. If you have any questions, please email inquiries to firstname.lastname@example.org.