40 lines
8.0 KiB
Plaintext
40 lines
8.0 KiB
Plaintext
RayFire for Unity. END USER LICENSE AGREEMENT
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IMPORTANT NOTICE--PLEASE READ PRIOR TO USING THIS SOFTWARE: This License Agreement ("Agreement") is a legal agreement between you (either an individual or an entity) and RayFire Studios. ("RayFire") for the use of the RayFire Studio as set forth in Section 1 below (such software, together with the underlying documentation if made available to you, the "Software"). By clicking on the button containing the "I Agree" language, by installing the Software or by otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON CONTAINING THE "Cancel" LANGUAGE AND DO NOT INSTALL OR OTHERWISE USE THE SOFTWARE. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS PROVISIONS. RAYFIRE IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE, PROPRIETARY OR OTHERWISE, UTILIZED IN CONNECTION WITH THE SOFTWARE, AND RAYFIRE SHALL HAVE NO LIABILITY FOR YOUR USE OF SUCH THIRD PARTY SOFTWARE.
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1. DEFINITIONS: The Software consists of one or more downloadable software applications.
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2. GRANT OF LICENSE. RayFire hereby grants to you a non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance with the terms of this Agreement.
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3. LICENSE RESTRICTIONS.
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3.1 You may not: (i) resell, rent, lease or make any similar commercial use of the Software; (ii) remove any proprietary notices or labels on the Software. Any such forbidden use shall immediately terminate your license to the Software.
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3.2 You agree that you shall only use the Software in a manner that complies with all applicable laws and regulations in the jurisdictions (U.S. and non-U.S.) in which you use the Software, including, but not limited to, applicable laws and regulations concerning copyright and other intellectual property rights.
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3.3 You may not use the Software in an attempt to or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
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4. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in RayFire. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
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5. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND RAYFIRE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RAYFIRE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET ANY USER'S REQUIREMENTS. USE OF THE SOFTWARE IS AT YOUR SOLE RISK. RAYFIRE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE QUALITY OF ANY MATERIAL AND/OR DATA DOWNLOADED THROUGH, OR MATERIAL AND/OR DATA EDITED (AS APPLICABLE) WITH, THE USE OF THE SOFTWARE. USE OF ANY MATERIAL OBTAINED AND/OR DATA DOWNLOADED THROUGH, OR MATERIAL AND/OR DATA EDITED (AS APPLICABLE) WITH, THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SOFTWARE.
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6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RAYFIRE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF RAYFIRE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, RAYFIRE'S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE (IF ANY). Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
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7. INDEMNIFICATION. You agree to indemnify, defend and hold harmless RayFire, its directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from (i) your use of the Software, (ii) your violation of this Agreement, (iii) the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity.
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8. TERMINATION. This License Agreement will automatically terminate if and when you fail to comply with any term hereof. No notice shall be required from RayFire to effect the termination specified in the preceding sentence. You may also terminate this License Agreement at any time by notifying RayFire in writing of termination. Upon any termination of this License Agreement, your license shall immediately terminate and you shall discontinue use of the Software. Upon any termination of this Agreement, you must cease any further use of the Software and delete/destroy any copies of Software (including all elements thereof such as documentation) within your possession and control. All sections, except Section 2, shall survive termination of this Agreement.
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9. ASSIGNMENT. This Agreement is personal to you and may not be assigned by you without RayFire's express written consent. This Agreement shall be binding upon any party who uses the Software and/or any party to whom you transfer the Software. You agree that you are responsible for informing all users and transferees of the Software of the binding application of this Agreement, and all provisions contained herein, to such user(s) and transferee(s).
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10. RayFire plugin uses Voro++ libraries.
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Voro++ Copyright (c) 2008, The Regents of the University of California, through Lawrence Berkeley National Laboratory (subject to receipt of any required approvals from the U.S. Dept. of Energy). All rights reserved.
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10.1 Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
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10.2 Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
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10.3 Neither the name of the University of California, Lawrence Berkeley National Laboratory, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |