PLEASE 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 PROCESS.

THIS 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”)

This 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 Engine.

 

1.         License 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. 

2.         Sound API: The sound API included in this package is based on Fmod sound and music system  made by Firelight Multimedia (www.fmod.org). 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.

3.         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.

4.                  Other 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,
You may not:
(I)  reverse engineer, decompile or disassemble the Engine or any  part thereof;
(ii) 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).

5.         3DSTATE's Rights. 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.

6.         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.

7.         Trademarks. 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.

8.         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.

9.         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 future breaches.