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NOTICE TO USER: THIS IS A CONTRACT. BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.1. Intellectual
Property Rights: This software program ("Geo") and the
accompanying written materials are copyrighted and are proprietary
products of Carbon Graphics LLC. The Software is also protected by United States Copyright Law
and international Treaty provisions.
Trademarks shall be used in accordance with accepted trademark
practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output
produced by the Software. Such
use of any trademark does not give you any rights of ownership in that
trademark. Except as stated
above, this Agreement does not grant you any intellectual property rights
in the Software. 2.
Use of the Software: You May:(1) use the Software on any single
computer, provided that the Software is in use on only one computer at a
time. The software is "
in use" on a computer when it is loaded into the temporary memory
(i.e. RAM) or installed into the permanent memory (i.e. hard disk) of that
computer. (2) make a single copy of the Software solely for backup or
archival purposes. (3) Freely
use or transfer any “User-Plugin” component, application or DLL
that the user developed using the Geo Plugin Software Developers
Kit (SDK) or GeoScript embedded scripting language so long as the “User-Plugin”
is only used with this software program (“Geo”). You May Not: (1)
make, or have made, any form of copy, whether digital, printed,
photographic or otherwise, of the Software, except insofar as such
Software may be incorporated by you into on-screen or printed material.
(2) place, or have placed the Software on an electronic bulletin board or
other form of on-line service. (3) use, or have used, the Software in any
form of pornography, or in any matter which is in any way defamatory of
any person or business entity in any such image, or which implies any form
of endorsement by the Software, its suppliers, its licensors, or any
individual or entity depicted in the Software. (4) reverse engineer,
decompile, disassemble or
otherwise attempt to discover the source code of the Software. (5)
transfer, gift, rent, lease, loan or sell your rights to use the software
to another person or legal entity without the express written permission
of Carbon Graphics. (6) modify, adapt, translate, rent, lease, loan or
create derivative works from the software program (geo.exe) and component
DLLs. This does not apply to “User-Plugins” developed using the Plugin
Software Developers Kit (SDK) in accordance with use-rights above.
(7) export the Software in any form without the appropriate United
States and foreign government licenses. 3.
Term: This License shall continue for as long as you use the
Software, except that it will terminate if you fail to comply with any
term or condition of this Agreement.
Upon such termination,or in order for you to terminate the
Agreement, you agree to destroy the original and any copies of the
Software. 4.
Limited Warranty:
CARBON GRAPHICS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE
ACCOMPANYING ITEMS. THE
FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR IT OR ITS SUPPLIERS'
BREACH OF WARRANTY. EXCEPT
FOR THE EXPRESSED WARRANTY SET FORTH ABOVE, CARBON GRAPHICS GRANTS NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARBON GRAPHICS,
ITS RESELLERS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY.
Some states do not allow the exclusions or limitation of implied
warranties, so the above exclusions and/or limitation may not apply to
you. 5.
Limitation of Liability: IN NO EVENT WILL CARBON GRAPHICS BE LIABLE
FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFITS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE
SOFTWARE OR WRITTEN MATERIAL, EVEN IF CARBON GRAPHICS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. Some
states or jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, so the above limitations may
not apply to you. 6.
Miscellaneous: This Agreement is governed by the laws of the State
of Utah. If any provision of
this Agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severed from this Agreement and shall
not affect the validity or enforceability of the remaining provisions of
this Agreement. This
Agreement is the complete statement of the agreement and supersedes any
proposal or prior communications between us relating to the subject matter
of this Agreement.
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