Ohmikron 3D Model Editor End user license agreement

Ohmikron Corporation Software License,
Disclaimer of Warranties,
and Limitation of Liability

License for Individual Use

The Ohmikron Model Editor software was designed, developed and produced by Ohmikron Corporation. The Ohmikron Model Viewer program is a component of the Ohmikron Model Editor software. The software is licensed to you for your own individual use only. You may make a single copy of the Ohmikron
Model Editor software for archive purposes only. This software is protected by U.S. and international copyright law and cannot be copied or otherwise made available to more than one person at the same time, without violating the law. Ohmikron Corporation reserves all rights not specifically granted in this document.

Other Limits on Your Use

Except as specifically described in this license, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share, or electronically transmit or receive the Ohmikron Model Editor program.

You acknowledge that this software remains a confidential trade secret of Ohmikron Corporation and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OHMIKRON CORPORATION DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO
THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

Limitation of Liability

Ohmikron Corporation disclaims any liability for damages arising from the use of this product or any
other damages, including (though not limited to) lost profits or data, special, incidental, consequential or other damages or claims, even if Ohmikron Corporation has been specifically advised of the
possibility of such damages or claims. Regardless of the form of the damage or claim, the only liability
Ohmikron Corporation will have to you or any other person will be limited to the amount actually paid for
your product of which the software is a part. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

Miscellaneous

This license and limited warranty can only be modified in writing signed by you and Ohmikron Corporation. If any part or provision is found to be unenforceable or void, the remainder shall be valid and enforceable. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages shall remain in effect.

Use, duplication or disclosure of this software and documentation by the U.S. Government is subject to the
restricted rights applicable to commercial computer software (under FAR 52.227-19 and DFARS 252.227-7013).
Sale of this software is subject to the U.S. Commerce Department export restrictions. This software is intended for use in the country in which it is first sold (or the EEC if first sold in the EEC).

This license and limited warranty shall be construed under the laws of Arizona, U.S.A. You have specific legal rights under this document, and may have other rights that vary from state to state and country to country.

Ohmikron Model Import SDK License

WHEREAS:

(A) This Agreement is a license agreement and not an agreement for the sale of software.

(B) This Agreement gives Licensee limited rights to use the Software and Related Materials described below and imposes upon Licensee certain obligations to protect the Software and Related Materials from unauthorized use, reproduction, distribution or publication.

NOW THEREFORE in consideration of the mutual agreements hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

DEFINITIONS

(a) "Confidential Information" means proprietary material or information belonging to Licensor directly or indirectly placed by Licensor into the possession of Licensee which material or information is not generally available to or used by others (except other persons whom Licensor has granted licenses of the Software and Related Materials or part thereof) or the utility or value of which is not generally known or recognized as standard practice, whether or not the underlying details are in the public domain, and includes, without limitation, all business information, computer software and computer technology, whether patentable or not, which is acquired by or on behalf of Licensee from time to time and which, owing to the relationship between Licensor and Licensee, may become known to Licensee.

(b) "Copyrights" shall refer to those copyrights or copyright registrations for the Software or the Software and Related Materials and shall include future copyrights belonging to Licensor or any third party related to Licensor for improvements and modifications thereof and applications by Licensor for registration of copyrights for improvements and modifications thereof;

(c) "Enhancements" means changes and/or improvements to the Software, whether arising out of the particular Software configuration for the specific use of Licensee or otherwise;

(d) "Errors" means, with regard to the Software, incorrect source code or object code or anything not in agreement with published Specifications or requested modifications;

(e) "Know-How" includes all technology, source code, object code, local area network manager code, technical information, procedures, processes, trade secrets, methods, practices, techniques, information, logic/flow charts, sketches, drawings, Specifications, application and modification manuals and data relating to the design, manufacture, production, inspection, and testing of the Software, which are from time to time in Licensor's possession;

(f) "Manuals" means the programmer's manuals, the technical manuals and the user manuals and other similar documentation, in whatever form they may be made available;

(g) "Related Materials" means all of the printed materials, user documentation, training documentation and confidential activation code for the Software supplied by Licensor to Licensee, and includes the Manuals;

(h) "Software", which includes the Know-How and any Modifications and includes all actual copies of all or any portion of the computer programs delivered by Licensor to Licensee, inclusive of backups, updates and merged copies either permitted by this Agreement or supplied subsequently by Licensor or any party related to Licensor; and

(i) "Specifications" means the functional performance parameters of the Software.

Licensor hereby grants to Licensee a personal, non-exclusive, non-transferable license to use the Software and Related Materials at the Licensee site. Licensee may sell or otherwise distribute in binary form any software developed by Licensee which uses the licensed software as a component provided the derived software has value and utility substantially beyond that of the licensed software. Licensee may not sell or redistribute any source code or other elements of the licensed software independent of integration into Licensee's own software. Licensor retains title and exclusive ownership of any and all copies of the Software and Related Materials licensed hereby. Licensee agrees to use its best efforts to protect the Software and Related Materials from unauthorized use, reproduction, distribution or publication.

COPYRIGHTS

The Software and Related Materials are owned by Licensor and are protected by U.S. copyright laws and applicable international treaties and/or conventions. Without limiting the prohibition on assignment contained elsewhere in this Agreement, Licensee acknowledges that its rights to use the Software and Related Materials are personal to Licensee. Licensee therefore agrees not to permit the use of the Software and Related Materials by unauthorized persons and to use its best efforts to prevent the exportation of the Software and Related Materials or any portion thereof into any country which does not have copyright laws that will protect Licensor's Copyrights.

Licensee agrees that it will not:

(a) whether in whole or in part, sell, rent, lease, sublease, license, sublicense, lend, time-share, transfer, assign or provide the use of or access to the Software and Related Materials, or any portion thereof, to unlicensed persons;

(b) assign, mortgage, charge or otherwise encumber either the Software and Related Materials or its rights under this Agreement.

(c) reverse engineer, decompile or disassemble the Software.

(d) alter, modify or create any derivative works of the Software and Related Materials or any portion thereof.

(e) Except as permitted elsewhere in this Agreement, make additional copies of the Software and Related Materials or any portion thereof.

(f) obscure or remove any copyright or trademark notices.

Without limiting anything contained elsewhere in this Agreement, Licensee shall not assign this Agreement or any rights herein without the prior written consent of Licensor, which consent may be arbitrarily withheld. Any purported assignment without Licensor's consent shall be deemed to be null and void.

The license granted by this Agreement is a perpetual license. Notwithstanding the foregoing, this Agreement will terminate automatically without notice if Licensee fails to comply with any provision of this Agreement. Upon termination of this Agreement, Licensee shall return the Software and Related Materials to Licensor together with any whole or partial copies, codes, Modifications and merged portions in any form. The parties agree that all provisions set out in this Agreement for the protection of Licensor and its Copyrights shall remain in force notwithstanding termination of this Agreement.

Licensor warrants that the Software, without Modifications, will substantially conform to the Related Materials for a period of one (1) year from the date of receipt by Licensee. Licensor warrants that the media upon which the Software is provided and the Related Materials will be substantially free from defects in materials and workmanship at the time of delivery.

LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND RELATED MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO COMPANY. COMPANY MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

During the warranty period, Licensor's entire liability and Licensee's exclusive remedy shall, at Licensor's option, be one of the following:

(i) Licensor may attempt to correct or work around Errors;

(ii) Licensor may replace the Software and Related Materials;

(iii) Licensor may refund to Licensee the license fees paid to Licensor upon return of the Software and Related Materials to Licensor or its authorized distributor.

Licensor shall not be liable for damages, direct or indirect, special, incidental, consequential, punitive or exemplary, related to Licensee's use of the Software and Related Materials, even if Licensor is advised of the possibility of such damage.

All Confidential Information, including the Know-How, shall be treated as confidential by Licensee and shall be used solely to enable Licensee to use the Software in accordance with this Agreement. Nothing contained herein shall prevent Licensee from making disclosure of any of the Confidential Information to any employee of Licensee for the sole purpose of utilizing the Software and Related Materials in accordance with this Agreement, provided that Licensee shall obtain from each employee to whom such disclosure is made a covenant of non-disclosure.

No failure or delay by Licensor in enforcing any right or remedy in this Agreement shall be construed as a waiver of any future exercise of such right or remedy by Licensor.

Any conflict between the terms of this Agreement and any purchase order or other document in relation to the license granted hereby shall be resolved in favour of the terms of this Agreement.

Licensee acknowledges that any breach by it of any of the terms of this Agreement is likely to result in irreparable harm or damage to Licensor and that, in the event of such breach, in addition to any and all remedies at law, Licensor shall have the right to obtain an injunction, specific performance or other equitable relief to prevent the continuous violation of the terms of this Agreement.

This Agreement shall be construed in accordance with the laws of the State of Arizona.

This Agreement constitutes the sole and entire agreement between the parties, and supersedes any previous agreements, understandings and arrangements between the parties relating to the Software and Related Materials. Any amendments hereto are enforceable only if in writing and signed by each of the parties.

If any portion of this Agreement is deemed by any court of competent jurisdiction to be illegal or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect notwithstanding.

Copyright © 2000, Ohmikron Corporation, All rights reserved.