PARALLELGRAPHICS LIMITED END-USER EVALUATION LICENSE AGREEMENT
IMPORTANT – READ CAREFULLY: This ParallelGraphics End-User Evaluation License Agreement (the "Agreement") is a legal agreement between you (either an individual or a single entity) and ParallelGraphics Limited for the ParallelGraphics software product VrmlPad v. 3.0 (the "Software"). By installing, copying or otherwise using the Software, 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, do not install, copy or otherwise use the Software.
1.1 ParallelGraphics Limited ("ParallelGraphics") hereby grants you the following rights for
the purposes of evaluating the Software for your own purposes only, and not those of any
third party and only for a period of thirty (30) days from the date you first install, copy or
use the Software:
(a) You may install and use one copy of the Software on a single computer (into RAM
and/or onto computer hard drive);
(b) You may access the Software and query, display and manipulate the data contained
(c) You may make a single copy of the Software for back-up purposes.
1.2 The Software and any associated documentation (the "Documentation") contain
confidential information of ParallelGraphics and all copyright, trademarks and all other
intellectual property rights in and to the Software and Documentation are and shall
remain the sole and exclusive property of ParallelGraphics. Nothing in this Agreement
shall confer any rights in any tradename, business name or trademark of
ParallelGraphics on you. The provisions of this Clause 1.2 shall continue to operate after
the termination of this Agreement.
1.3 Save as otherwise expressly set out herein and as otherwise expressly permitted by law,
you shall not:
(a) Make any temporary or permanent reproduction by any means and in any form, in
whole or in part, of the Software or the Documentation;
(b) Make any translation, adaptation, arrangement or any other alteration of the Software
or the Documentation;
(c) Make any form of distribution to the public of the Software or the Documentation, in
whole or in part, or of copies thereof;
(d) Make any communication, display or performance to the public of the Software or the
(e) Disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the
Software, or another product wholly or partially derived from any of the foregoing;
(f) Assign, transfer, sell, lease, rent, charge or otherwise deal in or encumber the
Software or the Documentation or use the Software or the Documentation on behalf
of any third party, or make available the same to any third party without the prior
written consent of ParallelGraphics;
(g) Copy, adapt or reverse compile the whole or any part of the Software or the
(h) Remove or alter any copyright or other proprietary notice from the Software or the
1.4 ParallelGraphics will not be bound by any term, condition or other provision proffered by
you which is different from or in addition to the provisions of this Agreement unless
ParallelGraphics agrees to such provisions in writing.
1.5 This Agreement supersedes any and all prior agreements, statements and
representations between ParallelGraphics and you.
1.6 No amendment, modification or waiver of any of the provisions of this Agreement shall be
valid unless set out in writing and signed by each party.
1.7 If any provision of this Agreement shall be found by any court or administrative body of
any competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability
of such provision shall not affect the other provisions of this Agreement and all provisions
not affected by such invalidity or unenforceability shall remain in full force and effect.
1.8 You shall not be entitled to assign or otherwise transfer this Agreement nor any of its
rights or obligations hereunder, without the prior written consent of ParallelGraphics.
2. Term and Termination
2.1 ParallelGraphics may terminate this Agreement if you breach any of the terms of this
Agreement and fail to remedy such a breach within fifteen (15) days of receipt of written
notice from ParallelGraphics. Upon such termination you shall destroy the Software, and
the Documentation and any back-up or archival copy of the Software and you shall
provide written certification of such destruction to ParallelGraphics.
2.2 You may terminate this Agreement at any time by destroying the Software, the
Documentation and any back-up or archival copy of the Software and notifying
ParallelGraphics in writing of such destruction.
2.3 All provisions of this Agreement which in order to give effect to their meaning need to
survive its termination shall remain in full force and effect thereafter.
3.1 ParallelGraphics warrants that its title to and property in the Software and the
Documentation is free and unencumbered and that it has the right, power and authority to
licence the same upon the terms and conditions of this Agreement.
4. Consequential Damages
4.1 In no event shall ParallelGraphics be liable for any indirect, incidental, special or
consequential damages (including without limitation any loss of data or business
interruption) arising out of the performance or failure of the Software even if such
damages were reasonably foreseeable or ParallelGraphics had been advised of the
possibility of such damages.
5.1 ParallelGraphics does not warrant that the Software and/or the Documentation will meet
your requirements or that the operation of the Software will be uninterrupted or error free.
5.2 Except as expressly provided herein, all conditions and warranties (express or implied,
statutory or otherwise) are excluded by ParallelGraphics, including without limitation any
warranties implied by the Sale of Goods Act 1893 as amended by the Sale of Goods and
Supply of Services Act 1980 or by Section 39 of the said 1980 Act.
6. Governing Law
6.1 This Agreement will be governed and construed in accordance with the laws of the Ireland.