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

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Software License Agreement

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3Dlabs Oxygen RPM User’s Guide

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, OXYGEN
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
purchase price. 3Dlabs, Inc. does not warrant that the use of the SOFTWARE will be uninterrupted or error-
free and hereby disclaims all liability on account thereof. THE REMEDIES PROVIDED HEREIN ARE
YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. THIS WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

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