NOTICE: THE SOFTWARE PROVIDED WITH THIS LICENSE AGREEMENT IS LICENSED TO YOU FOR AN EVALUATION PERIOD ONLY AND WILL CEASE TO OPERATE 30 DAYS AFTER INSTALLATION. USE OF THE SOFTWARE AFTER 30-DAY EVALUATION PERIOD, OR ANY ATTEMPT TO DEFEAT THE DISABLING FUNCTION, WILL BE A VIOLATION OF THIS AGREEMENT AND MAY CONSTITUTE COPYRIGHT INFRINGEMENT.
THE LICENSE AGREEMENT CONTAINED HEREIN APPLIES TO WESTERN HEMISPHERE USERS ONLY. IF YOU PURCHASED THE SOFTWARE OUTSIDE THE WESTERN HEMISPHERE, PLEASE OPEN THE "LICENSE AGREEMENTS" FOLDER UPON INSTALLATION OF THE SOFTWARE. TO FIND THIS FOLDER, COMPLETE THIS INSTALLATION AND OPEN THE "LICENSE AGREEMENTS" FOLDER ON THE CD-ROM THAT YOU ARE INSTALLING THIS SOFTWARE FROM. IF THE PRODUCT WAS NOT DISTRIBUTED TO YOU ON PHYSICAL MEDIA, THE LICENSE AGREEMENTS CAN BE FOUND INSIDE YOUR HYPERWIRE INSTALL FOLDER.
BY CLICKING "YES" TO INDICATE ACCEPTANCE OF THE LICENSE AGREEMENT AND PROCEEDING TO INSTALL THE SOFTWARE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS CONTAINED IN THE LICENCE AGREEMENT APPLICABLE TO THE COUNTRY OF PURCHASE, WHICH IS LOCATED IN THE "LICENSE AGREEMENTS" FOLDER. IF YOU DO NOT WISH TO AGREE TO THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT YOU MAY UNINSTALL THE SOFTWARE AND RETURN IT WITHIN 30 DAYS OF PURCHASE FOR A FULL REFUND.
**LICENSE AGREEMENT**
IMPORTANT. BY OPENING THE SEALED SOFTWARE PACKET(S), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THESE ARE THE ONLY TERMS UPON WHICH AUTODESK SOFTWARE PRODUCTS ARE LICENSED. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY, WITHIN FIFTEEN (15) DAYS, RETURN THIS ENTIRE PACKAGE, INCLUDING THE UNOPENED SOFTWARE PACKET(S), TO THE LOCATION WHERE YOU ACQUIRED IT FOR A FULL REFUND. WITH SOME PRODUCTS MORE THAN ONE COMPUTER PROGRAM MAY BE RESIDENT ON THE MEDIA. ONE OR MORE OF THESE ADDITIONAL PROGRAMS MAY BE ACCESSIBLE ONLY BY PAYMENT OF ADDITIONAL LICENSE FEES AND RECEIPT OF AN AUTHORIZATION CODE. THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT SHALL APPLY TO ALL PRODUCTS CONTAINED IN THE MEDIA, REGARDLESS OF WHEN ACCESS TO THEM IS OBTAINED.
Grant of License. Autodesk, Inc. ("Autodesk") grants you a nonexclusive, nontransferable license to use the enclosed program (the "Software") according to the terms and conditions herein. This License Agreement permits a single user to install the Software on only one computer at one location at any one time. However, if this Software is being licensed to you for use on a networked system (certain products only), you may operate the Software as a multiple-user installation with either:
(i) the maximum number of concurrent users being one (1) so that multiple
individuals may access the Software, but that only one person at a time may do so, or
(ii) the maximum number of concurrent users being two (2) or more, in which case you must buy the first complete Software package and a License Pack containing a specified number of licenses and registration information for each additional concurrent user.
Regardless of which alternative you choose, this License permits you to make only one backup copy of the Software. This Software package may contain a printed manual and accompanying documentation (the "Documentation") or electronic Documentation. If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, you may print out one (1) copy, which may not be copied.
You may not use or transfer the Software outside of the Western Hemisphere, regardless of whether such transfer was accomplished by physical or electronic means.
Multiple-Operating-System Software. If the Software package contains versions designed for use on more than one operating system, or if you have purchased an operating-system exchange, you may install all versions of the Software but only on one computer at one location at any one time, and you may use only one operating-system version at any one time. If the Software is licensed for network use, you may install it in the above manner, but simultaneous use is restricted to the number of users for which you have licenses. These multiple-operating-system license terms apply only to specific versions of certain Autodesk products that contain versions for multiple-operating systems. You may not rent, lease, or transfer any of the multiple-operating-system software that is not in use.
Lab Pack License. If the Software is licensed to you as a Lab Pack (certain products only) and you have paid the Lab Pack license fee, then you may make four (4) copies of the enclosed Software and Documentation. The Software may be used on a maximum of five (5) computers simultaneously.
Kinetix(TM) Software. The following applies to Software and Documentation developed by Kinetix(TM), a division of Autodesk:
AutoVision(R): AutoVision Software may be licensed for network use pursuant to Section 1, "Grant of License."
3D Studio(R): Notwithstanding the single-user/one-computer license grant in Section 1 of this License Agreement, you may install 3D Studio Software on more than one computer for the exclusive purpose of network rendering of your files.
3D Studio(R) Renderer for Silicon Graphics, Inc. (SGI) Workstations: The SGI Renderer may be licensed pursuant to one of the following options: (1) Single-Machine License: If you have purchased a Single-Machine License, then the Software may be used on a single SGI workstation, in multiple sessions, if desired. The Software may be used only by the employee stationed at the workstation and as part of network rendering by coworkers employed at the same physical site and address (the "Workstation Site"), with the permitted users having access either remotely or from the Workstation Site. You may make only one backup copy of the Software, except for copies that are made in the process of running multiple sessions on a single workstation. (2) If you have purchased a Site License, then the Software may be installed and run on any workstation at a given Workstation Site, in multiple sessions, if desired. The Software may be used only by employees at the Workstation Site, with the permitted user(s) having access either remotely or from the Workstation Site.
3D Studio Max(TM): You may modify and make unlimited copies of the source code examples ("Source Examples") contained in the Software and any resulting binary files for the exclusive purpose of incorporation into your own works (the "User Works") and you may treat the User Works as your own creations with the following restrictions: you must clearly identify any modified source code examples and any resulting binary files as User Works developed by you, and not by Autodesk and you must use class identifications for any classes of objects you create that are different from the class identifications used by Autodesk. You may distribute the resulting binary files of the Source Examples in User Works that are commercially distributed software applications only if: (i) such applications require 3D Studio Max to operate; and (ii) such applications contain significant features and functionality in addition to the Source Examples so that the Source Examples are not the primary source of value. You must include the copyright notices of Autodesk, Inc. and the Yost Group, Inc. in any copy of the Source Examples and resulting binary files.
3D Studio and 3D Studio Max: You may modify and make unlimited copies of the individual animations, still images, and audio files contained in the Software (collectively called the "Software Files") for the sole purpose of incorporation into your own animations and still images. In addition, you may make unlimited copies of any player included in the Software (the "Player") for purposes of playing back the User Works if you include the unmodified Autodesk copyright notice in any such copy. You may treat sthe User Works as your own creations and you may distribute the Software Files subject to the following restrictions: you must exclude MIDI files in any medium for commercial radio or television broadcast, and you may not distribute Software Files that were supplied with the Software, modified or unmodified, as a stand-alone commercial product, including, but not limited to, applications in the form of a collection or library or as part of a software design tool, except with Autodesk's written permission. Subject to the foregoing restrictions, you may distribute the User Works and Software Files when incorporated into commercial software applications provided that such commercial software applications contain significant features and functionality in addition to the Software Files and the Software Files are not the primary source of value.
Hyperwire(TM): You may make unlimited copies of the Runtime Classes, 3D runtime install file, Whip! install file and Hyperwire Samples install file for incorporation into your own works. "Runtime Classes" shall mean the Hyperwire runtime installation program, the contents of the "Classes" folder in the Hyperwire install directory and the contents of the "Classlib" folder in the install directory. NOTE: All modules in the XTRAS folder are unsupported.
3D Props(TM) and Texture Universe(TM): You may modify and make unlimited copies of content files contained in the Software for the exclusive purpose of incorporation into your own User Works. You may treat the User Works as your own creations as long as the content files are not the primary source of the value of the User Works. You may not distribute the content files in the form of a collection or library or as part of a software design tool.
Data Publishing Software: You may make unlimited copies of the .DWG files and other associated parts data contained in the Software (the ."DWG Files") for the exclusive purpose of incorporation into your own engineering drawings and designs (the "User Drawings"). You may treat the User Drawings as your own creations as long as the .DWG Files are not the primary source of the value of the User Drawings. You may not distribute .DWG Files that are supplied with the Software, modified or unmodified, in commercial products for resale or redistribute the .DWG Files in the form of a collection or library or as part of a software design tool.
Restrictions. You shall not: (1) modify, translate, reverse engineer, decompile, or disassemble the Software; (2) rent or transfer all or part of the Software, Documentation, or any rights granted hereunder to any other person without Autodesk's prior written consent; (3) remove any proprietary notices, labels, or marks from the Software or Documentation; (4) use the Software outside of the country in which it was purchased; or
(5) utilize any computer hardware or software designed to defeat any hardware copy- protection device, should the software you have licensed be equipped with such protection.
Multiple Media Software. If the Software package contains the primary program on multiple types of media (e.g., 3.5-inch disks, 5.25-inch disks, and/or CD-ROM), then you may use only the medium appropriate to your specific needs. You may not loan, rent, lease, or transfer the other media contained in the package except as a transfer with Autodesk's prior written consent as provided above.
Upgrades and Updates. If this Software is being licensed to you as an upgrade or update to software previously licensed to you, you must destroy the software previously licensed to you, including any copies resident on your hard-disk drive, within sixty (60) days of the purchase of the license to use the upgrade or update.
Copyright. Title and copyrights to the Software and accompanying materials and any copies made by you remain with Autodesk. Unauthorized copying of the Software or Documentation, or failure to comply with the above restrictions, will result in automatic termination of this license. Unauthorized duplication of the Software constitutes copyright infringement and in the United States is punishable in a federal criminal action by a fine of up to US$250,000 and imprisonment for up to five (5) years. In addition, federal civil penalties allow the recovery of actual damages based on the number of copies produced or liquidated damages of up to US$100,000 for willful copyright infringement.
Limited Warranty. Autodesk warrants that, for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the media on which the
Software is furnished under normal use will be free from defects in materials and
workmanship. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES,
AUTODESK MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS,
IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU; AND
AUTODESK SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING
THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. AUTODESK DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
If this Software was purchased in the United States, the above exclusions may not apply
to you as some states do not allow the exclusion of implied warranties. In addition to
the above warranty rights, you may also have other rights, which vary from state to
state.
Remedies. The entire liability of Autodesk and your exclusive remedy under the warranty provided herein will be, at the option of Autodesk, to attempt to correct or work around errors, to replace the media, or to refund the purchase price and terminate this Agreement. This remedy is subject to return of the Software to Autodesk or to the Authorized Autodesk Dealer from whom it was obtained with a copy of your receipt.
Disclaimer. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL
SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS
ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT. COMPUTER- AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE
ARE INTENDED TO ASSIST WITH PRODUCT DESIGN AND ARE NOT
SUBSTITUTES FOR INDEPENDENT TESTING OF PRODUCT STRESS, SAFETY,
AND UTILITY. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS
FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL
SITUATIONS UNDER WHICH IT MAY BE USED. AUTODESK SHALL NOT BE
LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED
THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE
ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL
OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED
TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE
AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO
ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE
ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE.
Limitation of Liability. IN NO EVENT WILL AUTODESK BE LIABLE FOR ANY
DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING
LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT
OF THE USE OR INABILITY TO USE THE PROGRAM OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY. THIS LIMITATION WILL APPLY EVEN IF AUTODESK OR ANY AUTHORIZED AUTODESK DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. If you purchased this program in the United States, the above limitation may not apply to you because some states do not allow the limitation or exclusion of liability for incidental or consequential damages.
Restricted Rights for US Government Customers. This Software and Documentation are
provided with RESTRICTED RIGHTS for US Government customers. Use, duplication, or disclosure by the US Government is subject to restrictions as set forth in FAR 12.212 (Commercial Computer Software-Restricted Rights) and DFAR 227.7202 (Rights in Technical Data and Computer Software), as applicable. Manufacturer is Autodesk, Inc., 111 McInnis Parkway, San Rafael, California 94903.
Canadian Sales. If you purchased this product in Canada, you agree to the following: The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including Notices, have been and shall be written in the English language only. Les parties aux prTsentes confirment leur volontT que cette Convention de mOme que tous les documents y compris tout avis qui s'y rattache, soient rTdigTs en langue anglaise.
General. This Agreement shall not be governed by the UN Convention on Contracts for the Sale of Goods; rather this Agreement shall be governed by the laws of the State of California, including its Uniform Commercial Code without reference to conflict-of-laws principles. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and Documentation. If you have any questions, please contact in writing: Autodesk, Inc., Customer Service, 111
McInnis Parkway, San Rafael, California 94903.
Autodesk, the Autodesk logo, 3D Studio and AutoVision are registered trademarks of Autodesk, Inc. and PartSpec, Texture Universe, 3D Props, Hyperwire and 3D Studio MAX are trademarks of Autodesk, Inc., the USA and/or other countries. All other brand names, product names, or trademarks belong to their respective holders.
(c) Copyright 1996-97 Autodesk, Inc. All rights reserved.
