ParallelGraphics Limited End-User License Agreement
IMPORTANT - READ CAREFULLY: This ParallelGraphics End-User
License Agreement (the "Agreement") is a legal agreement between you,
either an individual or a single entity (the "Licensee"), and ParallelGraphics
Limited (the "Licensor") for the ParallelGraphics software product Cortona3D
Viewer 6.0 (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.
Licensor hereby grants the Licensee the following rights for the Licensee own
purposes only, and not those of any third party:
Licensee may install, use, access, display, and run one copy of the Software on
a single computer (the Software is used when it is loaded into RAM and/or
installed on the computer hard drive);
Licensee may use the Software for personal and non-commercial purposes only.
For all other use, an appropriate license should be obtained from the Licensor.
Software and any associated documentation (the "Documentation")
contain confidential information of the Licensor and all copyrights, trademarks
and all other intellectual property rights in and to the Software and
Documentation are and shall remain the sole and exclusive property of the
Licensor. Nothing in this Agreement shall confer any rights in any trade name,
business name or trademark of the Licensor on the Licensee. The provisions of
this Clause 1.2 shall continue to operate after the termination of this
as otherwise expressly set out herein and as otherwise expressly permitted by
law, the Licensee shall not:
any temporary or permanent reproduction by any means and in any form, in whole
or in part, of the Software or the Documentation;
any translation, adaptation, arrangement or any other alteration of the
Software or the Documentation;
any form of distribution to the public of the Software or the Documentation, in
whole or in part, or of copies thereof;
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
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 the Licensor;
or reverse compile the whole or any part of the Software or the Documentation;
7) Copy the Software except for a reasonable number of copies of
the Software for back-up purposes;
or alter any copyright or other proprietary notice from the Software or the
the Software and the Documentation for commercial purposes.
Licensor will not be bound by any term, condition or other provision proffered
by the Licensee which is different from or in addition to the provisions of
this Agreement unless the Licensor agrees to such provisions in writing.
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.
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.
Agreement shall be binding upon and inure to the benefit of any successor of
the Licensee who, whether by merger, purchase, or otherwise acquires all or
substantially all of the assets or business of the Licensee. The Agreement may
not otherwise be assigned, sublicensed, or transferred by the Licensee without
the written consent of the Licensor.
2. Term and Termination
Licensor may terminate this Agreement if the Licensee breaches any of the terms
of this Agreement and fails to remedy such a breach within fifteen (15) days of
receipt of written notice from the Licensor. Upon such termination the Licensee
shall destroy the Software, the Documentation and any back-up or archival copy
of the Software and shall provide written certification of such destruction to
Licensee 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 the Licensor in writing of such destruction.
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
Licensor 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 license the same upon the terms and conditions of this Agreement.
4. Maintenance and Support
Licensee hereby acknowledges that the Licensor is not obliged to provide any
maintenance or support services in respect of the Software.
5. Consequential Damages
no event shall the Licensor 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
Licensor does not warrant that the Software and/or the Documentation will meet
the Licensee requirements or that the operation of the Software will be
uninterrupted or error free.
as expressly provided herein, all conditions and warranties (express or
implied, statutory or otherwise) are excluded by the Licensor, 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.
7. Governing Law
Agreement will be governed and construed in accordance with the laws of