Software License and Limited WarrantyPLEASE READ CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN THIS PACKAGE TO THE PLACE WHERE YOU OBTAINED IT WITHIN 15 DAYS FOR A FULL REFUND. 1. Grant of License The enclosed computer program(s) (the "Software") is licensed, not sold, to you by D-STORM, Inc. for use only under the terms of this License, and D-STORM, Inc. reserves any rights not expressly granted to you. You own the disk(s) on which the Software is recorded or fixed, but the Software is owned by D-STORM, Inc. or its suppliers and is protected by Japan copyright laws and international treaty provisions. The copyright restrictions of this license extend to any further updates, software patches, or bug fixes made available to you by D-STORM, Inc., whether distributed by floppy disc, CD ROM, or in an electronic format via BBS, ftp, email, etc. This License allows you to use one copy of the Software on a single computer at a time. To "use" the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer, or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.). You may use at one time as many copies of the Software as you have licenses for. You may install the Software on a common storage device shared by multiple computers, provided that if you have more computers having access to the common storage device than the number of licensed copies of the Software, you must have some software mechanism which locks out any concurrent user in excess of the number of licensed copies of the Software (an additional license is not needed for the one copy of Software stored on the common storage device accessed by multiple computers). You may make one copy of the Software in machine readable form solely for backup purposes. The Software is protected by copyright law. As an express condition of this License, you must reproduce on the backup copy the copyright notice in the following format "(c) 1998 D-STORM, Inc." You may permanently transfer all your rights under this License to another party by providing such party all copies of the Software licensed under this License together with a copy of this License and all written materials accompanying the Software, provided that the other party reads and agrees to accept the terms and conditions of this License. 2. Restrictions The Software contains trade secrets in its human perceivable form and, to protect them, YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. 3. Termination This License is effective until terminated. This License will terminate immediately without notice from D-STORM, Inc. or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof. You may also terminate this License at any time by destroying the Software, all accompanying written materials and all copies thereof. 4. Export Law Assurances You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Japanese laws and the regulations thereunder or will be used for any purpose prohibited by the laws. 5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. D-STORM, INC ("D-STORM") WARRANT THE DISKETTES ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR 90 DAYS FROM PURCHASE, BUT THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE LICENSED ŇAS IS.Ó ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) ARE DISCLAIMED AS TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS AND LIMITED TO 90 DAYS AS TO THE DISKETTES. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE DISKETTES OR REFUND OF THE PURCHASE PRICE. IN NO EVENT WILL D-STORM OR THEIR DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF D-STORM OR AN AUTHORIZED THEIR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The above limitations will not apply in case of personal injury only where and to the extent that applicable law requires such liability. Because some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for consequential or incidental damages, the above limitations may not apply to you. 6. General This License will be construed under the laws of Japan, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. 7. Trademarks LightWave 3D and LightWave are trademarks of NewTek, Inc. All other brand names, product names, or trademarks belong to their respective holders. |