READ THIS LICENSE CAREFULLY BEFORE PROCEEDING WITH THIS INSTALLATION
PROCESS. BY CLICKING ON THE “YES” BUTTON BELOW, AND BY USING THE
ENGINE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT
CLICK THE “NO” BUTTON BELOW TO TERMINATE THE INSTALLATION
AGREEMENT COVERS THE 3DSTATE 3D ENGINE™ 7.0, THE 3DSTATE WORLD BUILDER™
AND ASSOCIATED MEDIA, AS MAY BE
MADE AVAILABLE TO YOU FROM THIS DOWNLOAD PROCESS (COLLECTIVELY REFERRED
TO HEREINAFTER AS THE “ENGINE”)
License represents the entire agreement between you and 3DSTATE™ Ltd.
(“3DSTATE”) concerning the use of the Engine Product and it
supersedes any prior proposal, representation or understanding between
the parties or between you and any other party in respect of the
Grant. 3DSTATE hereby grants to you, and you accept, a
non-exclusive, royalty-free license to use the Engine only for the
purpose of developing and running one application. This license
is granted to only one workstation.
The sound API included in this package is based on Fmod sound and music
system made by Firelight
The usage of the sound API is permitted only with applications that do
not generate revenue in any way. If you wish to use the sound API in a
commercial application then please contact Fmod.
Consideration. In consideration for this license you have agreed
to pay 3DSTATE the sum of $899 before receiving the product, having
examined the trial product and finding it suitable to your needs. This
sum will not be refundable in any case.
than the rights expressly set forth in section 1 above, no other right
or interest whatsoever in or to the Engine is transferred or granted to
you. Without limiting the foregoing,
reverse engineer, decompile or disassemble the Engine or
any part thereof;
modify, divide, part or revise the Engine or any part thereof, transfer, sub-license or
otherwise use parts, portions or elements of the Engine, standing alone (as
opposed to transferring or using the Engine as a whole).
You acknowledge and agree that the Engine includes proprietary products
of 3DSTATE, protected under Patent Law, Copyright Law and Trade Secret
Laws and other intellectual property rights, of general applicability.
You further acknowledge and agree that between you and 3DSTATE, 3DSTATE
solely owns and shall retain all right, title, and interest in and to
the Engine. This License does not convey to you an interest in or to the
Engine but only a limited right of use, revocable in accordance with the
terms of this License Agreement.
NO WARRANTY; NO LIABILITY. The Engine is licensed “As is”
and without warranty of any kind. 3DSTATE expressly disclaims any and
all promises, representations, and warranties whether expressed or
implied, including without limitation with respect to the Engine’s
condition, suitability, and conformity to any representation or
description or its fitness for a particular use. 3DSTATE SHALL NOT BE
LIABLE UNDER ANY CLAIM related to the Engine, this License or an
Application, INCLUDING CLAIMS IN RESPECT OF INFRINGEMENT OF RIGHTS,
INFRINGEMENT OF PATENT, COPYRIGHT, REGISTERED DESIGN OR TRADEMARK. YOU
AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL 3DSTATE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE ENGINE, OR FOR ANY LOSS OF OR DAMAGE TO
PROPERTY RELATING TO OR ARISING FROM THE USE OF THE ENGINE.
3DSTATE™, 3DSTATE 3D Engine™, 3DSTATE WORLD BUILDER™, 3DSTATE TERRAIN
BUILDER™ and all Logos are trademarks of 3DSTATE. No right, license, or
interest to such trademarks are generated or granted hereunder.
Severability. Should any
term or provision of the License Agreement be declared void or
unenforceable by any court of competent jurisdiction, such declaration
shall have no effect on the remainder of the License Agreement.
NO WAIVER. The failure of 3DSTATE to enforce any rights
granted hereunder or to take action against you in the event of any
breach hereunder shall not be deemed a waiver by 3DSTATE as to
subsequent enforcement of rights or subsequent actions in the event of