Software license agreement, Software license and restrictions, Limited warranty – 3DLABS Permedia3 User Manual

Page 35: Software license and restrictions limited warranty

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Software License Agreement

Appendix C - Software License

28

Software License Agreement

THIS IS A LEGAL CONTRACT BETWEEN YOU, THE END USER, AND 3DLABS,
INC. BY USING THE SOFTWARE PACKAGE ACCOMPANYING THIS GUIDE OR
PRE-INSTALLED ON YOUR SYSTEM, YOU ARE ACCEPTING AND AGREEING TO
BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE NOT WILLING TO
BE BOUND BY THE TERMS OF THIS LICENSE, PROMPTLY RETURN THIS
GUIDE WITH THE UNOPENED SOFTWARE ENVELOPE, PERMEDIA3 CREATE!
CARD AND ANY OTHER ACCOMPANYING ITEMS TOGETHER WITH YOUR
RECEIPT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

Software License and Restrictions

The enclosed SOFTWARE delivered to you pursuant to these terms and conditions may
embody and include certain software programs in object code form (machine-readable but
not human-readable form). Use of the SOFTWARE can result in the production of human-
readable features such as documentation, report formats, menus, audible prompts and tone
sequences. Such SOFTWARE and features constitute either the copyrighted property or
proprietary trade secret information, or both, of 3Dlabs, Inc. or its licensors, and shall be held
in confidence by you. 3Dlabs, Inc. or its licensors retain title to the SOFTWARE (excluding
media on which recorded), all copies thereof, and all intellectual property rights, and no title
to the SOFTWARE, copies thereof or intellectual property rights are transferred to you. You
are hereby granted, for internal use only, a personal, nontransferable, nonexclusive and
perpetual license to use only one copy of the SOFTWARE on the computer on which the
SOFTWARE was originally mounted. Except as specifically authorized by this License, you
may not copy the SOFTWARE or the human-readable features referred to above for any
purpose (except for a copy for backup purposes). All such copies are the proprietary
information of 3Dlabs, Inc. and its licensors and suppliers and are subject to their copyrights.
You shall not, whether through the use of disassemblers or any other means whatsoever
(including but not limited to manual, mechanical or electrical means), reverse engineer,
decompile, disassemble or derive source code from the SOFTWARE, or attempt to permit
any third party to do any of the foregoing, including causing the SOFTWARE to be
destroyed or disabled or deriving the rules or protocols embodied in the SOFTWARE. Any
attempt to do any of these things shall be a material breach of this License, which shall
immediately entitle 3Dlabs, Inc. to exercise any remedy that may exist at law or in equity. You
may not transfer, loan, rent, lease, distribute or grant any rights in the SOFTWARE or
accompanying documentation in any form without the prior written consent of 3Dlabs, Inc.

Limited Warranty

3Dlabs, Inc. warrants that the SOFTWARE licensed to you under this License will perform
in accordance with 3Dlabs, Inc. published specifications on the same operating system as used
at the time of purchase for a period of ninety (90) days after the date of delivery to you as
evidenced by your receipt (Warranty Period). If the SOFTWARE does not conform during
the Warranty Period, you agree to provide written notice of such failure to 3Dlabs, Inc. and
3Dlabs, Inc. will, at its sole option, repair or replace the SOFTWARE or refund the full

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