Appendix g: software license agreement – 3DLABS Oxygen 402 User Manual

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Dynamic Pictures Oxygen 3D Family

Appendix G: Software License Agreement

Appendix G: Software License Agreement

This is a legal contract between you, the end user, and Dynamic Pictures, Inc. By using the
software package accompanying this manual 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 manual 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

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 (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 Dynamic Pictures, Inc. or its licensors, and shall be held in confidence by you. Dynamic
Pictures, 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 DPI 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 Dynamic Pictures, 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 Dynamic Pictures,
Inc.

LIMITED WARRANTY

LIMITED WARRANTY

Dynamic Pictures, Inc. warrants that the SOFTWARE licensed to you under this License will
perform in accordance with Dynamic Pictures, Inc. published specifications for a period of three
(3) years 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 Dynamic Pictures, Inc. and Dynamic Pictures, Inc. will repair or replace the
SOFTWARE or refund the full purchase price. Dynamic Pictures, 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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