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Document license
******************************
* End-User License Agreement *
******************************
unic8 Studios - Germany
FLOE Product License
Copyright (c) 2005-2006 unic8 Studios. All Rights Reserved.
Do not install or use FLOE until you have read and accepted this Agreement. By
installing or using FLOE you accept this Agreement.
If you do not agree to the terms of this license, you must not install or use
FLOE. When applicable you may return FLOE you purchased, including all
packaging, media, and manual, to the place of purchase for a refund,
provided that the return is made within ten days of the date of purchase.
1. Licensee
-----------
"Licensee" is the person, company or entity who uses FLOE. The Licensee must
accept and agree to this Agreement before installing or using FLOE.
2. License of unic8 Studios product
-----------------------------------
Subject to the other provisions of this Agreement, unic8 Studios grants to
Licensee a nonexclusive, nontransferable license ("the License") to use FLOE on
a single computer system. Additionally, this product may be installed on more
than one computer system in a non-commercial setting. Rights to unic8 Studios
not expressly granted to Licensee in this Agreement are reserved by
unic8 Studios.
3. FLOE
-------
"FLOE" includes the software and, depending on the product, a License
Certificate.
4 unic8 Studios Software
------------------------
unic8 Studios owns the copyrights and intellectual property in and to each item
of unic8 Studios. Redistribution of unic8 Studios software is forbidden without
written permission by unic8 Studios.
No commercial modification, adaptation, translation of the software is
permitted, including modification to the graphical contents, without specific
and prior permission from unic8 Studios.
5. Manual
---------
"Manual" means the online manual and printed manual, if any, provided to
Licensee in connection with FLOE. Whenever the context reasonably permits, any
reference in this Agreement to unic8 Studios shall also apply to manual.
The Manual may be used by Licensee, but only in connection with this product.
6. Limited Warranty
-------------------
Media And Manual. unic8 Studios warrants that if the product media or printed
Manual, if any, provided by unic8 Studios are in a damaged or physically
defective condition when delivered and if they are returned to unic8 Studios
(postage prepaid) within 30 days of the date of purchase, then unic8 Studios
will provide Licensee with replacements at no charge.
unic8 Studios Software. unic8 Studios warrants that if the unic8 Studios
Software fails to substantially conform to the specifications in the Manual or
to any other unic8 Studios Software specifications published by unic8 Studios
and if the nonconformity is reported in writing by Licensee to unic8 Studios
within 30 days from the date the License is purchased, then unic8 Studios shall
either remedy the nonconformity or offer to refund the purchase price to
Licensee upon a return of the product (including all packaging, media, and
Manual) to unic8 Studios. In the event of a refund, the License shall terminate.
Third Party Software. Warranties, if any, applicable to Third Party Software
will be the warranties made by the third party licensors in the applicable
license agreements.
7. Disclaimers And Limitations
------------------------------
Disclaimer Of Warranties. UNIC8 STUDIOS MAKES NO WARRANTY, PROMISE OR
REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS EXPRESSLY
WARRANTED HEREIN, THE UNIC8 STUDIOS SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OR REPRESENTATION OF ANY KIND. UNIC8 STUDIOS MAKES NO WARRANTY OR
REPRESENTATION WITH RESPECT TO THIRD PARTY SOFTWARE.
UNIC8 STUDIOS DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. UNIC8 STUDIOS DOES NOT WARRANT THAT ANY THE
SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR
ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED. THIS AGREEMENT GIVES
LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MIGHT HAVE OTHER RIGHTS, WHICH VARY
FROM STATE/JURISDICTION TO STATE/JURISDICTION.
Limitation On Liability. THE AGGREGATE LIABILITY OF UNIC8 STUDIOS ARISING FROM
OR RELATING TO THIS AGREEMENT OR ANY OF THE SOFTWARE (REGARDLESS OF THE FORM OF
ACTION OR CLAIM - E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, MALPRACTICE,
FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PAYMENT MADE BY LICENSEE TO
PURCHASE THIS PRODUCT. UNIC8 STUDIOS SHALL NOT IN ANY CASE BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR LOSS OF
PROFIT, REVENUE, DATA, OR PROGRAMS, EVEN IF unic8 Studios HAS BEEN ADVISED OF
THE POSSIBILITY THEREOF.
Because some states/jurisdictions do not allow the exclusion or limitation of
liability, the above limitation might not apply.
Responsibility For Decisions. Licensee is responsible for decisions made and
actions taken based on the Software.
Non-Parties. The officers, directors, employees, shareholders and
representatives of unic8 Studios are not parties to this Agreement and shall
have no obligation or liability to Licensee relating to this Agreement or the
Software.
8. Sole Remedy And Allocation Of Risk
-------------------------------------
LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT.
This Agreement defines a mutually agreed-upon allocation of risk and the License
fees reflect such allocation of risk.
9. Support
-----------
Nothing in this Agreement entitles Licensee to any support, maintenance or new
versions or distributions of any Software. Licensee may contact unic8 Studios to
determine the availability of support, maintenance and new versions and
distributions of Software, and the fees, terms and conditions applicable there
to.
10. Governing Law
-----------------
This Agreement shall be governed by the laws of the state of Germany without
giving effect to conflict or choice of law principles. The parties agree to
exclude application of the "United Nations Convention on Contracts for the
International Sale of Goods" to this Agreement. Any litigation between the
parties shall be conducted exclusively in German state courts.
The parties agree and submit to such exclusive jurisdiction and venue.
11. Entire Agreement
--------------------
This Agreement sets forth the entire understanding and agreement between the
parties relating to the subject matter of this Agreement and may be amended only
in a writing signed by both parties. No vendor, distributor, OEM, VAR, reseller,
dealer, retailer, sales person or other person is authorized by unic8 Studios to
modify this Agreement or to make any warranty, representation or promise which
is different than, or in addition to, the warranties, representations and
promises of this Agreement.
12. Termination
---------------
The License shall automatically terminate if Licensee materially breaches this
Agreement. Upon termination of the License, Licensee shall cease all use of the
unic8 Studios Software and shall destroy all copies of the unic8 Studios
Software within the possession or control of Licensee and shall return the
original unic8 Studios Software media and Manual, if any, to unic8 Studios.
13. Export Laws
---------------
Licensee shall not export, disclose or distribute any Software in violation of
any applicable laws or regulations, including the export laws and regulations of
Germany, and shall comply with all such laws and regulations.
14. Construction
----------------
In the construction and interpretation of this Agreement, no rule of strict
construction shall apply against either party.
15. Severability
----------------
If any provision in this Agreement is invalid or unenforceable or contrary to
applicable law, such provision shall be construed, limited, or altered, as
necessary, to eliminate the invalidity or unenforceability or the conflict with
applicable law, and all other provisions of this Agreement shall remain in
effect.
unic8 Studios End User License Agreement is subject to revisions.
Please see http://www.unic8.com for any updates.
* End-User License Agreement *
******************************
unic8 Studios - Germany
FLOE Product License
Copyright (c) 2005-2006 unic8 Studios. All Rights Reserved.
Do not install or use FLOE until you have read and accepted this Agreement. By
installing or using FLOE you accept this Agreement.
If you do not agree to the terms of this license, you must not install or use
FLOE. When applicable you may return FLOE you purchased, including all
packaging, media, and manual, to the place of purchase for a refund,
provided that the return is made within ten days of the date of purchase.
1. Licensee
-----------
"Licensee" is the person, company or entity who uses FLOE. The Licensee must
accept and agree to this Agreement before installing or using FLOE.
2. License of unic8 Studios product
-----------------------------------
Subject to the other provisions of this Agreement, unic8 Studios grants to
Licensee a nonexclusive, nontransferable license ("the License") to use FLOE on
a single computer system. Additionally, this product may be installed on more
than one computer system in a non-commercial setting. Rights to unic8 Studios
not expressly granted to Licensee in this Agreement are reserved by
unic8 Studios.
3. FLOE
-------
"FLOE" includes the software and, depending on the product, a License
Certificate.
4 unic8 Studios Software
------------------------
unic8 Studios owns the copyrights and intellectual property in and to each item
of unic8 Studios. Redistribution of unic8 Studios software is forbidden without
written permission by unic8 Studios.
No commercial modification, adaptation, translation of the software is
permitted, including modification to the graphical contents, without specific
and prior permission from unic8 Studios.
5. Manual
---------
"Manual" means the online manual and printed manual, if any, provided to
Licensee in connection with FLOE. Whenever the context reasonably permits, any
reference in this Agreement to unic8 Studios shall also apply to manual.
The Manual may be used by Licensee, but only in connection with this product.
6. Limited Warranty
-------------------
Media And Manual. unic8 Studios warrants that if the product media or printed
Manual, if any, provided by unic8 Studios are in a damaged or physically
defective condition when delivered and if they are returned to unic8 Studios
(postage prepaid) within 30 days of the date of purchase, then unic8 Studios
will provide Licensee with replacements at no charge.
unic8 Studios Software. unic8 Studios warrants that if the unic8 Studios
Software fails to substantially conform to the specifications in the Manual or
to any other unic8 Studios Software specifications published by unic8 Studios
and if the nonconformity is reported in writing by Licensee to unic8 Studios
within 30 days from the date the License is purchased, then unic8 Studios shall
either remedy the nonconformity or offer to refund the purchase price to
Licensee upon a return of the product (including all packaging, media, and
Manual) to unic8 Studios. In the event of a refund, the License shall terminate.
Third Party Software. Warranties, if any, applicable to Third Party Software
will be the warranties made by the third party licensors in the applicable
license agreements.
7. Disclaimers And Limitations
------------------------------
Disclaimer Of Warranties. UNIC8 STUDIOS MAKES NO WARRANTY, PROMISE OR
REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS EXPRESSLY
WARRANTED HEREIN, THE UNIC8 STUDIOS SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OR REPRESENTATION OF ANY KIND. UNIC8 STUDIOS MAKES NO WARRANTY OR
REPRESENTATION WITH RESPECT TO THIRD PARTY SOFTWARE.
UNIC8 STUDIOS DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. UNIC8 STUDIOS DOES NOT WARRANT THAT ANY THE
SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR
ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED. THIS AGREEMENT GIVES
LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MIGHT HAVE OTHER RIGHTS, WHICH VARY
FROM STATE/JURISDICTION TO STATE/JURISDICTION.
Limitation On Liability. THE AGGREGATE LIABILITY OF UNIC8 STUDIOS ARISING FROM
OR RELATING TO THIS AGREEMENT OR ANY OF THE SOFTWARE (REGARDLESS OF THE FORM OF
ACTION OR CLAIM - E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, MALPRACTICE,
FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PAYMENT MADE BY LICENSEE TO
PURCHASE THIS PRODUCT. UNIC8 STUDIOS SHALL NOT IN ANY CASE BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR LOSS OF
PROFIT, REVENUE, DATA, OR PROGRAMS, EVEN IF unic8 Studios HAS BEEN ADVISED OF
THE POSSIBILITY THEREOF.
Because some states/jurisdictions do not allow the exclusion or limitation of
liability, the above limitation might not apply.
Responsibility For Decisions. Licensee is responsible for decisions made and
actions taken based on the Software.
Non-Parties. The officers, directors, employees, shareholders and
representatives of unic8 Studios are not parties to this Agreement and shall
have no obligation or liability to Licensee relating to this Agreement or the
Software.
8. Sole Remedy And Allocation Of Risk
-------------------------------------
LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT.
This Agreement defines a mutually agreed-upon allocation of risk and the License
fees reflect such allocation of risk.
9. Support
-----------
Nothing in this Agreement entitles Licensee to any support, maintenance or new
versions or distributions of any Software. Licensee may contact unic8 Studios to
determine the availability of support, maintenance and new versions and
distributions of Software, and the fees, terms and conditions applicable there
to.
10. Governing Law
-----------------
This Agreement shall be governed by the laws of the state of Germany without
giving effect to conflict or choice of law principles. The parties agree to
exclude application of the "United Nations Convention on Contracts for the
International Sale of Goods" to this Agreement. Any litigation between the
parties shall be conducted exclusively in German state courts.
The parties agree and submit to such exclusive jurisdiction and venue.
11. Entire Agreement
--------------------
This Agreement sets forth the entire understanding and agreement between the
parties relating to the subject matter of this Agreement and may be amended only
in a writing signed by both parties. No vendor, distributor, OEM, VAR, reseller,
dealer, retailer, sales person or other person is authorized by unic8 Studios to
modify this Agreement or to make any warranty, representation or promise which
is different than, or in addition to, the warranties, representations and
promises of this Agreement.
12. Termination
---------------
The License shall automatically terminate if Licensee materially breaches this
Agreement. Upon termination of the License, Licensee shall cease all use of the
unic8 Studios Software and shall destroy all copies of the unic8 Studios
Software within the possession or control of Licensee and shall return the
original unic8 Studios Software media and Manual, if any, to unic8 Studios.
13. Export Laws
---------------
Licensee shall not export, disclose or distribute any Software in violation of
any applicable laws or regulations, including the export laws and regulations of
Germany, and shall comply with all such laws and regulations.
14. Construction
----------------
In the construction and interpretation of this Agreement, no rule of strict
construction shall apply against either party.
15. Severability
----------------
If any provision in this Agreement is invalid or unenforceable or contrary to
applicable law, such provision shall be construed, limited, or altered, as
necessary, to eliminate the invalidity or unenforceability or the conflict with
applicable law, and all other provisions of this Agreement shall remain in
effect.
unic8 Studios End User License Agreement is subject to revisions.
Please see http://www.unic8.com for any updates.
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