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BY PRESSING THE ’YES’ BUTTON TO AGREE TO THE TERMS SHOWN ON THIS DIALOG BOX, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND THE LIMITED WARRANTY (COLLECTIVELY CALLED THE ’EULA’). BY PRESSING ’NO’ YOU DO NOT ACCEPT OR AGREE WITH THE TERMS OF THIS AGREEMENT.
OKINO COMPUTER GRAPHICS, INC.
END USER LICENSE AGREEMENT (EULA)
for the demonstration version of the
NuGraf and the PolyTrans 3D Data Translation Software
1. DEFINITIONS. The ’Licensed Software’ shall mean the collection of executable programs, multi-media elements and applets/modules, licensed and delivered hereunder, as supplied within this package or software installer. ’Documentation’ shall mean the visually readable support materials provided in connection with the Licensed Software. A ’Not For Resale (NFR) Version’ means a version, so identified, or which utilizes temporary timed serial numbers, of the Licensed Software to be used to review and evaluate the Licensed Software only. An ’Educational Version’ means a version of the Licensed Software, sold and licensed on terms agreed to by a signed document on university letterhead, for use by students and faculty of educational institutions only. A ’Demonstration Version’ means a version of the Licensed Software, so identified, to be used only to review, demonstrate and evaluate the Licensed Software which may have limited or restricted features, and may lack or limit the ability for the end-user to save the end product. The Licensed Software is provided in a form suitable for a specific CPU and operating system.
2. GRANT OF LICENSE. Subject to the terms and conditions contained herein, and upon payment and receipt of the licensing fee from you (’Licensee’), Okino Computer Graphics, Inc. of Ontario, Canada (’Licensor’) grants to Licensee a personal, non-exclusive, non-transferable right to: (i) install and execute the Licensed Software in machine readable form and related documentation on a single computer (one central processing unit, CPU) at any one time; and (ii) make archival copies of the Licensed Software for back-up purposes only for use with the same computer. Licensee agrees to affix a label to the archival copies which contains the copyright notice printed on the original CDROM from which the copy is made. You own the physical media on which the Licensed Software is provided, under the terms of this Agreement, but all title and ownership of the Licensed Software and related Documentation, and all other rights not expressly granted to you by this Agreement, remain with Licensor.
The Licensed Software can only be installed and used on a single computer at any one time, which means that the Licensed Software can only be loaded onto one hard drive at any one time, may only be executed by one CPU at any one time and may not reside on two or more computers at any time. To use the Licensed Software on multiple computers you must either purchase one copy for each computer which is to execute the Licensed Software, or you must remove the Licensed Software from the first machine before copying and executing it on any other machine. You also may not copy the Licensed Software onto a hard drive and then access that hard drive from another computer. Nevertheless the Licensed Software can be executed from a shared hard disk by multiple computers as long as at least one purchased and licensed copy of the Licensed Software has been acquired for each computer executing and accessing the Licensed Software.
This Licensed Software is personal to Licensee and thus may only be used by Licensee in an interactive desktop working environment. No other network use is permitted, including but not limited to, using the Licensed Software either directly or through commands, scripts, COM interface, data or instructions to or from a computer for Internet or WEB hosting services or other remote control operation (unless licensed to do so under a separate licensing agreement), or by any user not licensed to use this copy of the Licensed Software through a valid license from Licensor.
3. RESTRICTIONS. This license is personal to the person or entity whose name and address is identified as the designated Licensee and user. The Licensee may not: (i) rent, lease or resell the Licensed Software in any form; or (ii) duplicate, distribute, publish, transfer, sublicense, or make the Licensed Software and related documentation available in any form to other organizations or persons except for backup purposes and for the purpose of installing the Licensed Software; or (iii) modify or adapt the Licensed Software and the related documentation in whole or in part including but not limited to translating or creating derivative works; or (iv) electronically transfer the Licensed Software from one computer to another over a network or by any other means; or (v) assign, sublicense or transfer any license granted herein; or (vi) modify, translate, reverse engineer, decompile, or disassemble the Licensed Software or any portion of it or otherwise attempt to determine its underlying source code. Educational Versions may not be used for, or distributed to any party for, any commercial purpose, and the License to the Licensed Software may not be transferred from personal student use, faculty classroom usage or post-graduate research usage to any commercial entity.
4. TERMINATION. Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement. In such event, you must remove the Licensed Software from all computers onto which it is installed, and must destroy or return all copies of the Licensed Software.
5. COPYRIGHT. The Licensed Software (including but not limited to any images, photographs, animations, video, audio, text, and applets/modules incorporated into the Licensed Software) and its related documentation are copyrighted by Licensor and is protected by United States and Canadian copyright law and international treaty provisions. Therefore, Licensee must treat the Licensed Software like any other copyrighted material. Licensee may not copy the printed materials accompanying the Licensed Software. Ownership of the Licensed Software and the intellectual property of the Licensed Software is not transferred by this Agreement, and remains with Licensor.
6. LIMITED WARRANTY. For a period of 90 days from receipt of the Licensed Software, Licensor warrants that: (i) the media on which the Licensed Software is distributed and the related documentation are free from defects in materials and workmanship; and (ii) the Licensed Software will perform substantially in accordance with the accompanying Documentation if used on the computer equipment, with the operating system, and in the environment for which it has been provided to the Licensee. This Limited Warranty is void if failure of the Licensed Software has resulted from accident, abuse, or misapplication. Licensor does not warrant that the Licensed Software will meet the requirements of Licensee. Any implied warranties on the Licensed Software are limited to ninety (90) days. This limited warranty gives you specific legal rights. You may have other rights which vary from state to state or province to province.

Licensee’s exclusive remedy, and Licensor’s entire liability under this warranty shall be at Licensor’s option, either (i) replacement of the defective media and/or documentation; or (ii) correction of significant material errors in the Licensed Software which Licensor, in its sole discretion, determines materially adversely to affect its performance or operation, or (iii) a refund of the price paid for the Licensed Software. The Licensee must have previously completed and returned the Licensed Software’s registration card during the warranty period for any one of these remedies to take effect. This limited warranty shall not extend to anyone other than the original user of the Licensed Software. This Limited Warranty is void if any malfunction or error of the Licensed Software has resulted from modification, accident, neglect or misuse of the Licensed Software.
7. NO OTHER WARRANTIES. Except for the warranty expressly provided in the ’LIMITED WARRANTY’ section, the Licensed Software is provided ’AS IS’. Cms software for camera. To the maximum extent permitted by applicable law, Licensor disclaims all other warranties or conditions, express or implied, oral or written, including, but not limited to the implied warranties or conditions of merchantability, quality, fitness for any particular purpose, suitability, performance and support or maintenance of the Licensed Software and accompanying Documentation (save as expressly set out herein). No modification or addition to this warranty is authorized unless it is set forth in writing, references this Agreement and is signed on behalf of Licensor by an authorized official. Some states or provinces do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to Licensee.
8. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event will Licensor be liable for any damages whatsoever (including, without limitation, damages for loss of use of the software, loss of profits, business interruption, loss of data or other business information, or other incidental or consequential damages) arising out of the use of, or inability to use, the Licensed Software and its accompanying Documentation, even if Licensor, or any agent of Licensor has been advised of the possibility of such damages. Licensor’s total liability to you for actual damages for any cause whatsoever will be limited to the greater of $500 or the amount paid by you for the Licensed Software that caused such damage. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Licensee. The foregoing limitations on liability are intended to apply to the warranties and disclaimers above and all other aspects of this Agreement. 3d Studio Max For Mac Os X Free Download
9. THIRD PARTY BENEFICIARIES. Licensor’s products may include technology owned or licensed by third parties (’Third Party Licensors’) under license to Licensor. The Licensee acknowledge and agree that Licensor’s Third Party Licensors are intended beneficiaries of this Agreement and have the right to rely upon and directly enforce its terms.
10. U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE. The Licensed Software and its related Technical Material are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restriction as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer- Restricted Rights clause at FAR 52.227-19 when applicable, or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Okino Computer Graphics, Inc. - Mississauga, Ontario.
11. EXPORT CONTROL. You may not export or re-export this Licensed Software except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, you may not export or re-export, directly or indirectly, the Licensed Software (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran or Syria or (b) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List. You further acknowledge that the Licensed Software may include technical data subject to export and re-export restrictions imposed by U.S.A. law.
12. MISCELLANEOUS. This Agreement represents the complete agreement concerning this Licensed Software between the parties and supersedes all prior agreements and representations between them. It may be amended only 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.
13. Ableton live free full. download. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
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