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License
NOTE:
REDISTRIBUTION OR OTHER TRANSFER OF THE SOFTWARE LICENSED HEREUNDER
REQUIRES THE EXECUTION OF A SEPARATE LICENSE AGREEMENT with e-Commerce
Technology, Inc.
Net3D(tm) Player and Net3D(tm) Movie for Win95/Win98/WinNT
Developed by e-Commerce Technology, Inc.
2905 Stender Way, Suite 62, Santa Clara, CA 95054 U.S.A.
Copyright (c) 1998 e-Commerce Technology, Inc. All Rights Reserved
The ec logo(tm), eC-T(tm), Net3D(tm), Net3D(tm) Player, Net3D (tm)
Creator, Net3D(tm) Synthesizer, and Net3D(tm) Compressor are trademarks
of e-Commerce Technology, Inc. ActiveX and DirectX are trademarks
of Microsoft Corporation.
e-Commerce Technology, Inc. SOFTWARE LICENSE AGREEMENT*
e-Commerce Technology, Inc ("eC-T"), IS WILLING TO LICENSE Net3D(tm)
PLAYER SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL
OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("Agreement"). READ
THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. YOUR USE OF THE
LICENSED SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE
TERMS SET FORTH BELOW.
1. DEFINITIONS
The Net3D(tm) Player software in binary form (hereafter "Licensed
Software") is provided to you subject to eC-T's copyright and other
intellectual property rights.
2. LICENSE GRANT AND NOTICES
eC-T retains exclusive ownership of the Licensed Software. eC-T hereby
grants to you ("you") a non-exclusive license to install a single
copy of the Licensed Software on a single computer, to make one copy
of the Licensed Software solely for backup or archival purposes, and
to use the Licensed Software for your own internal purposes. No license
is granted to you for any other purpose. The above license is subject
to all terms of this Agreement including, without limitation, the
following:
a. You agree not to reverse engineer, decompile or disassemble the
Licensed Software;
b. You agree not to remove or obscure proprietary notices of eC-T;
c. You agree not to alter the size, color and quality of the logo;
d. You agree not to rent, lease or loan the Licensed Software;
e. You agree not to transfer your rights under this Agreement;
f. You may not modify, or create derivative works based upon the Licensed
Software, in whole or in part.
3. DISCLAIMER OF WARRANTY
eC-T PROVIDES THE LICENSED SOFTWARE TO YOU "AS IS". eC-T MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE LICENSED SOFTWARE, EITHER
EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
(INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). NEITHER eC-T
NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR
ANY DAMAGES SUFFERED BY YOU AS A RESULT OF USING THE LICENSED SOFTWARE.
This provision shall survive the expiration or termination of this
Agreement.
4. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
eC-T BE LIABLE FOR ANY LOST REVENUES OR PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION, OTHER PECUNIARY LOSS, OR OTHER SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING WITH RESPECT TO THE LICENSED SOFTWARE
AND RELATED MATERIALS OR ARISING OUT OF THIS AGREEMENT, EVEN IF eC-T
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This provision shall survive the expiration or termination of this
Agreement.
5. U.S. GOVERNMENT RESTRICTED RIGHTS
If the Licensed Software is licensed to the United States government
or any agency thereof, then the Licensed Software and its accompanying
documentation will be deemed to be "commercial computer Software"
and "commercial computer Software documentation," respectively, pursuant
to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any
use, modification, reproduction release, performance, display or disclosure
of the Licensed Software and accompanying documentation by the U.S.
Government shall be governed solely by the terms of this Agreement
and shall be prohibited except to the extent expressly permitted by
the terms of this Agreement.
6. EXPORT RESTRICTIONS The Licensed Software may be subject to export
restrictions under United States law. If you transfer the Licensed
Software, then you must comply with all applicable restrictions on
such transfer.
7. MISCELLANEOUS
This Agreement shall automatically terminate if you fail to comply
with its terms.
This Agreement is made under and shall be governed by and construed
in accordance with the laws of the State of California, U.S.A., without
reference to conflict of laws principles. By using or copying this
Licensed Software, You agree to abide by the intellectual property
laws and all other applicable laws of the U.S. (including without
limitation the export laws of the United States) and the terms of
this license.
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