C3D Digital Incorporated Software License and Warranty Agreement:
License: You have the non-exclusive right to use the enclosed program. This program can only be used on a single computer. You may physically transfer the program from one computer to another, provided the program is used on only one computer at a time. You may not electronically transfer copies of the program or documentation to others. You may not modify or translate the program or related documentation without the prior written consent of C3D Digital Inc. You may not disassemble or uncompile the program without C3D Digital's prior written consent.
YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR DOCUMENTATION, OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
Backup and Transfer: You may make three (3) copies of this program solely for backup purposes. You must reproduce and include the copyright notice on the backup copies.
Copyright: The program and its related documentation are copyrighted. You may not copy the program or its documentation except for backup purposes and to load the program into the computer as part of executing the program. All other copies of the program and its documentation are in violation of this Agreement.
Ownership: You shall own only the magnetic or other physical media on which the program and its related documentation are recorded or fixed. An express condition of this license is that C3D Digital shall at all times retain ownership of the program recorded on the original media and all subsequent copies of the program, regardless of the former media in or on which the original and other copies may subsequently exist. This license is not a sale of the original or any subsequent copy.
Term: This license is effective until terminated. You may terminate it by destroying the program and documentation and all copies thereof. This license will also terminate if you fail to comply with any term or condition of this agreement. You agree, upon such termination, to destroy all copies of the program and documentation.
Limited Warranty and Disclaimer of Warranty: C3D Digital Inc. warrants the media on which the program is furnished to be free from defects in materials and workmanship under normal use for 90 days from the date of delivery to you by C3D Digital Inc. or its authorized representative as evidenced by a copy of your receipt.
C3D Digital warrants that each program which is designated by it as warranted in its program specifications supplied with the program, will conform to such specification, provided that the program is properly used on the machine for which it was designed. If you believe that there is a defect in a warranted program such that it does not meet its specifications, you must notify C3D Digital Inc. within the warranty period and in a manner set forth in the program specifications.
All other programs are provided "as is" without warranty of any kind, either express or implied. The entire risk as to the quality and performance of the program is with you. Should the program prove detective, you (and not C3D Digital or any of its authorized representatives) assume the entire cost of all necessary servicing, repair or corrections.
C3D Digital does not warrant that the functions contained in any program will meet your requirements or that the operation of the program will be uninterrupted or error-free, or that the program defects will be corrected.
The foregoing warranties are in lieu of all other warranties, express or implied, including but not limited to the implied warranties or merchantability and fitness for a particular purpose.
Some states do not allow exclusion or implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. C3D DIGITAL IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES MADE AFTER THE PUBLICATION OF THE PROGRAM IN THE OPERATING CHARACTERISTICS OF COMPUTER HARDWARE, TEST INSTRUMENTS (e.g., in-circuit emulators) OR OPERATING SYSTEMS, NOR FOR PROBLEMS IN THE INTERACTION OF THE PROGRAM WITH NON-C3D DIGITAL SOFTWARE.
Limitations of Remedies: C3D Digital's entire liability and your exclusive remedy shall by as follows...
A. With respect to defective media liability during the warranty period...
1. C3D Digital will replace media not meeting C3D Digital's "Limited Warranty," if returned to C3D Digital or its authorized representative with a copy of your receipt.
2. In the alternative, if C3D Digital or its authorized representative is unable to deliver a replacement media free of defects in materials and workmanship, you may terminate this Agreement by returning the program (media and manuals) and your money will be refunded.
B. With respect to warranted programs, in all situations involving performance or non-performance during the warranty period, your remedy is...
1. The correction or bypass by C3D Digital of program defects, or
2. If, after repeated efforts, C3D Digital is unable to make the program operate as warranted, you shall be entitled to a refund of the money paid.
In no event will C3D Digital be liable to you for any lost profits, lost savings or other incidental or consequential damage arising out of the use of or inability to use any program, even if C3D Digital or its authorized representative has been advised of the possibility of such damages, or for any claim by any other party.
Update Policy: In order to be able to obtain updates of the program, the licensee must complete the registration process included in the software. IF THIS REGlSTRATlON PROCESS HAS NOT BEEN COMPLETED, C3D DIGITAL INC. IS UNDER NO OBLIGATION TO MAKE AVAILABLE TO YOU ANY UPDATES.
Miscellaneous: The validity and performance of this license shall be governed by Utah law, except as to copyright and trademark matters, which are covered by United States laws and international treaties. This License Agreement is deemed entered into at St. George, Utah. This License Agreement shall inure to the benefit of C3D Digital Incorporated, its successors, administrators, heirs and assigns.
Should you have any questions concerning this Agreement, please contact C3D Digital Inc. in writing.