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- 3DFX INTERACTIVE, INC. LICENSE AGREEMENT
-
- LICENSE AND CONFIDENTIALITY: 3Dfx Interactive, Inc. ("3Dfx") grants you the
- right to install the enclosed software and related documentation (collectively,
- the "Materials") onto a single computer for your personal use. You may not use,
- copy, modify, sell, transfer or disclose any part of the Materials except as
- provided in this Agreement. You may only use the Materials in connection with
- 3Dfx products.
-
- RESTRICTIONS: You may not:
- 1. Sublicense the Materials;
- 2. Reverse engineer, decompile, or disassemble the enclosed software;
- 3. Use the Materials for for any platform or products other
- than 3Dfx products;
- 4. Make copies of the Materials other than for back-up purposes, and you
- may not use the back-up copies other than as a replacement for the
- original copy. You must include on the back-up copies all copyright
- and other notices included on the Materials; and
- 5. Export the Materials in violation of the export control laws of the
- United States of America and other countries.
-
- Demo Software: 3Dfx hereby grants to you the right to use the demo software on
- your personal computer with 3Dfx products. You agree to indemnify 3Dfx and its
- affiliates against any loss, liability or expense (including reasonable legal
- fees) arising out of or in connection with the use, marketing, licensing or sale
- of the demo software or the maintenance, support or other services or activities
- related thereto.
-
- TERMINATION: Upon any violation of any of the provisions of this Agreement,
- your right to use the Materials shall automatically terminate and you shall be
- obligated to return to 3Dfx or destroy all of your copies of the Materials.
-
- OWNERSHIP AND COPYRIGHT OF MATERIALS: Except for the license expressly granted
- hereunder, 3Dfx retains all rights, title and interests in and to the Materials
- and all copies thereof. The Materials are copyrighted and are protected by
- United States copyright laws and international treaty provisions. You
- acknowledge that the Materials are valuable trade secrets of 3Dfx. You may
- not remove the copyright and other proprietary rights notices from the
- Materials. You agree that this Agreement shall be retained with all printed
- and electronic copies the software and documentation constituting the Materials.
- You agree to prevent any unauthorized copying of the Materials. Except as
- expressly provided herein, 3Dfx does not grant any express or implied right to
- you under 3Dfx patents, copyrights, trademarks, or trade secret information.
-
- NO WARRANTY; NO LIABILITY FOR DAMAGES: THE MATERIALS ARE PROVIDED "AS IS"
- WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
- OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY
- INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT
- SHALL 3DFX BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
- LIMITATION, DIRECT OR INDIRECT DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS
- INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO
- USE THE MATERIALS, EVEN IF 3DFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. Without limiting the generality of the foregoing, no warranty is made
- that the enclosed software will generate computer programs with the
- characteristics or specifications desired by you or that the demo software
- will be error-free. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART
- OF THIS AGREEMENT. Because some jurisdictions prohibit the exclusion or
- limitation of liability for damages, the above limitation may not apply to you
- and you may have other legal rights that vary by jurisdiction.
-
- NO SUPPORT: 3Dfx does not provide any support for the Materials. However,
- 3Dfx does have a newsgroup at its web site in which the enclosed software is
- discussed. 3Dfx does not, however, make any representations or warranties as
- to the accuracy of any statements or advice provided by any participant in the
- newsgroup.
-
- US GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S.
- government is subject to restrictions set forth in subparagraphs (a) through
- (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when
- applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and
- Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to
- 3DfxÆs standard commercial license, as applicable, and in similar clauses in
- the NASA FAR Supplement. Contractor/manufacturer is 3Dfx Interactive, Inc.,
- 4435 Fortran Drive, San Jose, California 95134.
-
- OTHER AGREEMENT: If you have executed another license agreement with 3Dfx
- with respect to the Materials, then notwithstanding any other term in this
- Agreement the terms of that license agreement shall control your use of the
- Materials.
-
- MISCELLANEOUS. Subject to the immediately preceding paragraph, this Agreement
- represents the complete agreement concerning this license and may amended only
- by a writing executed by both parties. If any provision of this Agreement is
- held to be unenforceable, such provision shall be reformed only to the extent
- necessary to make it enforceable. This Agreement shall be governed by
- California, U.S.A. law (except for conflict of law provisions). The application
- the United Nations Convention on Contracts for the International Sale of Goods
- is expressly excluded.
-
- "3Dfx Interactive", the 3Dfx Interactive logo, and other 3Dfx Interactive
- product names are trademarks, and in some jurisdictions may be registered
- trademarks, of 3Dfx Interactive or its affiliated companies. Other trademarks
- are the property of their respective owners.
-
- Copyright 1996, 1997, 1998 by 3Dfx Interactive, Inc. All rights reserved.
-
-