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This
is a user license agreement (the "AGREEMENT")
between you (either individual or single entity) and
3Dize, Inc., for the freeware version of the software
(the "SOFTWARE") accompanying this AGREEMENT.
This agreement does NOT apply to non-freeware
versions of the software.
The
SOFTWARE is the property of 3Dize, Inc. and is
protected by copyright laws and international copyright
treaties. The SOFTWARE is not sold, it is licensed.
By
availing of any of the rights licensed to you in this
AGREEMENT, you agree to be bound by and are becoming a
party to this AGREEMENT. If you do not agree to these
terms and conditions, do not avail of the rights licensed
to you in this AGREEMENT.
If
you accept the terms and conditions of this AGREEMENT,
you have certain non-exclusive rights and obligations as
follows:
YOU
MAY do any of the following:
1.
Install and use the SOFTWARE.
2.
Make unlimited copies and distribute the SOFTWARE in
it's uninstalled, unmodified form, as downloaded from
3Dize.com. Computer's Magazines are specifically
authorized to distribute the SOFTWARE (in it's
uninstalled, unmodified form, as downloaded from
3Dize.com) on any Cover Disk or CD-ROM.
3.
Bundle the SOFTWARE with other products, and sell
the bundle, as long as you make it clear to the
customer that the SOFTWARE is available for free
from 3Dize.com.
YOU MAY NOT do any of the following:
1.
Remove the advertizement from files created by the
SOFTWARE unless you have obtained a full-version of
the software from 3Dize, Inc. or a duly authorized
representative of 3Dize, Inc..
2.
Sublicense, rent, sell, or lease the SOFTWARE or
any portion of it.
3.
Decompile, disassemble, reverse engineer or modify
the SOFTWARE or any portion of it.
4.
Incorporate the SOFTWARE in other computer programs.
5.
Defeat any intended reduction in or termination of
functionality of this free version of the SOFTWARE.
All other rights with respect to the SOFTWARE are reserved.
The SOFTWARE is:
Copyright (c) 1997, 1998, 1999, 2000, 2001 3Dize, Inc.
All Rights Reserved
The Software is provided "AS IS", without a warranty of
any kind. ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT, ARE HEREBY EXCLUDED. 3DIZE,
INC. AND IT'S LICENSORS SHALL NOT BE LIABLE
FOR ANY DAMAGES SUFFERED BY LICENSEE AS A
RESULT OF USING, MODIFYING OR DISTRIBUTING
THE SOFTWARE OR ITS DERIVATIVES. IN NO
EVENT WILL 3DIZE, INC. AND IT'S LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR
DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF THE USE OF OR
INABILITY TO USE SOFTWARE, EVEN IF 3DIZE, INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
3DIZE,
INC. DOES NOT INDEMNIFY ANY PARTY TO
THIS LICENSE.
IN
ANY EVENT, THE MAXIMUM LIMIT OF 3DIZE, INC.'S
LIABILITY UNDER THIS AGREEMENT IS $5.
3Dize, Inc. is not bound by any provision of any purchase
order, receipt, acceptance, confirmation, correspondence, or
otherwise, unless 3Dize, Inc. is specifically agrees to the
provision in writing. If any provisions, or portions thereof,
of this agreement are invalid under any applicable statute or
rule of law, then that portion shall be deemed omitted in the
applicable juristiction and the remaining portions of the
agreement remain in force. This agreement is governed by the
laws of California.
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