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SOFTWARE LICENSE AGREEMENT
BY CLICKING ON THE DOWNLOAD BUTTON BELOW, YOU BECOME A PARTY TO
THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD.
1. LICENSE GRANT. quick3D ("Licensor") hereby grants you a
nonexclusive license to use its software product ("the Software")
for the purpose of viewing, editing, and converting 3-D models,
subject to the following conditions:
1.1 You may use the Software subject to
the terms and conditions of this License for your personal use. You
may copy the Software for archival purposes only and any copy you
make must retain all of the original copyright and trademark
notices.
1.2 You may not modify, reverse engineer, or decompile the
Software or create derivative works based on the Software. You may
not distribute, rent, lease, sell, license, or otherwise transfer
rights in the Software to any other person or entity or make any
other commercial use of the Software. You must retain all copyright
and trademark notices on the Software and take reasonable steps to
protect Licensor's intellectual property rights. Except as
specifically set forth in this Agreement, Licensor owns and retains
all right, title, and interest in the Software and any and all
related materials. This Agreement does not transfer any ownership
rights in the Software or any related materials to you or to any
third party.
2. WARRANTY. Licensor warrants that it is the owner of the
Software or has the right to grant the license described in this
Agreement without violating the rights of any third party.
3. DISCLAIMER. THE SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF (a) MERCHANTABILITY, (b) FITNESS FOR
A PARTICULAR PURPOSE, AND (c) NONINFRINGEMENT. YOU ASSUME THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK OR
COST ASSOCIATED WITH SUCH DEFECT AND ANY SERVICE AND REPAIR.
4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED
BY LAW, LICENSOR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS,
REVENUE, DATA, OR USE OR COST OF SUBSTITUTE GOODS INCURRED BY YOU
OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR
BASED ON A WARRANTY, EVEN IF LICENSOR OR ANY OTHER PERSON HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. 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.
6. EXPORT CONTROLS. None of the Software or underlying
information or technology may be downloaded, exported, or
re-exported into any country to which the United States ("U.S.")
has embargoed goods, or to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the
Software, you are agreeing to the foregoing and you are
representing and warranting that you are not a national or resident
of, or located in or under the control of, any country subject to
such export controls.
7. RESTRICTED RIGHTS. The Software is provided with
Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions set forth in subparagraphs
(a) through (d) of the Commercial Computer- Restricted Rights
clause at FAR 52.227-19, subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause in DFARS 252.227-7013,
or subparagraph (d) of the Commercial Computer Software - Licensing
at NASA FAR Supplement 16-52.227-86, or their equivalent, as
applicable.
8. MISCELLANEOUS. This Agreement represents the complete
agreement between the parties concerning the Software and this
license, and supersedes any and all prior agreements or
representations. This Agreement may only be amended by a writing
executed by both parties. If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable. This
Agreement shall be governed by and construed under California law
as if this Agreement had been entered into in between California
residents and fully performed within California.
9. AGREEMENT. By selecting the download option below, I
agree to the above terms. |
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