PREAMBLE.
This is a license
agreement between the user (hereinafter referred to as the “licensee”)
and MellaniuM Design (hereinafter referred to as the “licensor”)
for the use of the 3D Program and 3D Data and other technology including the
respective documentation (hereinafter referred to as the “software”),
which was sold, rented, leased or in other ways lawfully received from the
licensor or its partners, whether based on a fee or free of charge. Tele3DWorld
is a trade mark of MellaniuM Design.
By duly signing
and returning a separate fee-based commercial contract, or agreement for the
use of the software, by signing this agreement, or simply using the software,
the licensee accepts and agrees to all terms and conditions of this license
agreement.
If licensee does
not agree with the terms of this agreement, the licensee is obliged to return
all software and all the respective media the software is stored on, along with
all other accompanying items to MelleniuM Design or the respective authorized
supplier. Copies of the software on any
machines, PC’s, servers, or other devices must be promptly deleted, hard copies of the
documentation shall be destroyed or returned to the Licensor.
OWNERSHIP.
The software
including all copyrights, intellectual property rights, exclusive or
non-exclusive rights of use and related rights are owned by Licensor or its
Licensors. They constitute business
secrets and are protected by the copyright.
The same applies for all brands, logos, trademarks, trade names, etc.,
which shall be deemed as part of the software.
Licensor retains ownership of the media on which the software is
contained until the Licensee has paid in full the amount due to the Licensor
pursuant to this contract or a separate commercial agreement under which the
software was provided to Licensee.
The Software and
Documentation contain material that is protected by Canadian and United Kingdom
Copyright Law and trade secret law, and by international treaty provisions, as
well as by the laws of the Country in which this software is used. All rights not granted to you herein are
reserved to Licensor. You may not
remove any proprietary notice of the Licensor from any copy of the Software or
Documentation.
LICENSE GRANT.
Licensor grants a
non-exclusive and non-transferable right to use the software and the applicable
documentation. The licensee will use
the software only according for the purpose the software was created for (the
“contractual use”). This license does
not include the right to grant any sub-licenses. Amendments to the license shall be subject to a separate
negotiation and commercial agreement.
LIMITATION ON USE.
The software is
restricted for a contractual use, which may be further detailed in a separate
commercial contract.
LIMITATION OF LIABILITY.
Licensor shall be only liable for any damage incurred
by itself or any mandated partners when the licensor, or individuals used to
perform his duties are guilty of willful or grossly negligent behaviour. Licensor shall not be liable for any direct
or indirect damages, consequential damages and any other kind of damage,
arising from the use of the software that may concern the Licensee, its
partners, customers or any other third party, whom access to the software or
its use was granted. Licensee takes
explicitly over such risk of operating the software.
This shall apply with respect to all damage claims,
irrespective of the legal grounds therefore, particularly with respect to
pre-contractual or ancillary obligations.
TRANSFER OF LICENSE.
Licensee is not
entitled to transfer or lease the software in other ways to third parties, or
to grant any sub-licenses. It is
furthermore not allowed to grant third parties any right of use based on a
rental or a leasing agreement. If
another company should acquire the Licensee, the buyer shall be successor in
law concerning this License Agreement.
This shall also be applicable to individuals buying the licensor.
A successor in
law is obliged to notify Licensor on its succession.
EXCLUSION OF WARRANTY.
As far as no
other commercial agreement for the use of the software was concluded, warranty
is excluded as follows: Licensee was granted sufficient time to test the
software and to prove whether the software serves the ‘fit for purpose’ use;
Due to this, the software is provided without any warranty and without any
assurance of quality. Licensor
explicitly does not warrant that the software is free of defects and/or
suitable for the use the Licensee plans for the software.
This License
Agreement constitutes no claim on bug-fixes, upgrades, versions, revisions, or
updates of the software and its applicable documentation, as far as no other
commercial agreement was made on such.
Licensor may offer from time to time such enhancements to the software
as available and according to its pricelist.
Licensee is not obliged to buy and/or use such version releases.
MISCELLANEOUS.
The parties are
not entitled to assign the rights under this Agreement.
This Agreement
and the Attachments hereto constitute the entire agreement between the parties
in respect of the subject matter of this Agreement, as far as no separate
commercial contract was concluded. All
amendments and supplements shall require written form.
Canadian law
shall govern this Agreement.
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Copyright © Ken Rigby, 2006 for MellaniuM