Geomagic Software Development Kit (SDK)
Terms and Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND GEOMAGIC, INC. CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO DOWNLOADING, INSTALLING AND/OR USING GEOMAGIC’S SOFTWARE. BY PRESSING THE "I ACCEPT" BUTTON (AS APPLICABLE) OR INSTALLING OR USING THE SOFTWARE, USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS THE “CANCEL” BUTTON (AS APPLICABLE), AND DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
The enclosed computer program and the accompanying documentation are licensed, not sold, to You for use only under the following terms. Geomagic and its suppliers reserve all rights not expressly granted to You. You own the disk on which the Software is embodied, but Geomagic retains all ownership of all copies of the Software. You assume sole responsibility for the installation, use and results obtained from Your use of the Software. This Agreement is valid and grants You rights only if Your copy of the Software is a genuine, licensed copy of the Software that has not been pirated.
1. DEFINITIONS. (a) “Documentation” means the written or electronic descriptions of the Software that are distributed with the Software, including but not limited to user manuals, technical notes, and installation guides.
(b) “End User License Agreement” means a valid written or electronic license agreement between You and Your customer that: (i) provides a limited, non-exclusive right to use internally Your Product without right of distribution; (ii) prohibits distribution, sales, sublease, renting, licensing, or lease of Your Product; (iii) prohibits reverse engineering, decompiling, disassembly or other attempt to discover the source code of Your Product; and (iv) includes provisions regarding disclaimer of warranties, limitation of liability, and intellectual property substantially similar to those set forth in this Agreement.
(c) “Geomagic” means Geomagic, Inc., a Delaware corporation, and any and all of Geomagic’s affiliates and subsidiaries.
(d) “Redistributable Code” means those portions of the Software in object code format clearly identified in the Documentation as “Redistributable Code.” Redistributable Code includes compiled versions of Sample Code and modified “Sample Code” in object code format.
(e) “Sample Code” means those portions of the Software clearly identified in the Documentation as Sample Code, and that is delivered in source code format.
(f) “Software” means the enclosed and/or downloadable computer program and Documentation, including (i) Redistributable Code, (ii) Sample Code, (iii) data, information and content distributed with the Software, and (iv) any upgrades, modifications, or enhancements of the foregoing provided by Geomagic to You.
(g) “User Interface Documentation” means those portions of the Documentation clearly identified as User Interface Documentation and that is redistributable pursuant to the terms of this Agreement.
(h) “You” or “User” means the end user downloading and/or using the Software.
(i) “Your Product” means a software product licensed and marketed by You that contains substantial and primary functionality in addition to the Redistributable Code and does not compete with any Geomagic products.
2. LICENSE. Subject to the terms and conditions of this Agreement, Geomagic grants to You a non-exclusive, non-transferable, non-sublicenseable license (“License”) to use the copy of the Software embodied on the enclosed media for Your internal business purposes only. Termination of this License for any reason shall not terminate the other terms of this Agreement. This License authorizes you to do the following:
(a) Install the Software on computers within your organization for use and execution solely for the purpose of developing an interface between Your product and Geomagic software products.
(b) Copy and modify the Sample Code, solely for the purpose of developing an interface between Your product and Geomagic software products. YOU WILL BE SOLELY RESPONSIBLE FOR ALL MODIFIED SOFTWARE THAT YOU CREATE.
(c) Distribute Redistributable Code under the terms of this Agreement solely in combination with the Your Product for the purpose of interfacing with Geomagic software products and solely in object code format. All Redistributable Code must be distributed pursuant to an End User License Agreement accepted by Your customer. In no event shall You have the right to distribute any Software (or modifications thereto) in source code format.
(d) Distribute User Interface Documentation, and modifications thereto, solely as part of the documentation for Your Product.
(e) Make and retain a reasonable number of copies of the Software in machine-readable form solely for backup or archival purposes for the computer for which the Software is installed.
(f) Make a reasonable number of copies of the Documentation for use solely by Your employees in support of the rights granted above.
You are NOT authorized under this License to:
(a) Use, copy or transfer copies of the Software except as provided in this Agreement;
(b) Disassemble, decompile or otherwise reverse engineer the Software (other than the Sample Code) in order to discover the source code or related proprietary information and trade secrets, or have a third party do so, except to the extent expressly permitted by applicable law notwithstanding this limitation;
(c) Rent, lease, sublicense, distribute, transfer, modify or timeshare the Software except as provided in this Agreement;
(d) Use Geomagic’s name or any Geomagic trademarks in any manner, without the written consent of Geomagic;
(e) Use the Software to enable and/or insert viruses, Trojan horses, worms, time bombs, cancelbots, or other code intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system or data; or
(f) Interfere with the operability of any Geomagic programs or third-party programs that work with Geomagic programs.
3. INTELLECTUAL PROPERTY. All title, ownership rights, and intellectual property rights in and to the Software shall remain in Geomagic and/or its suppliers. The Software is protected by copyright law. All copies of the Software, including copies of the Redistributable Code included with Your Product and the archived copy, must bear the copyright and any other proprietary rights legend placed on the original by Geomagic. In addition, you agree to include in the documentation for Your Product a notice substantially similar to the following: “Portions copyright © [year] by Geomagic, Inc. All rights reserved”
4. WARRANTY. GEOMAGIC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIABILITY. GEOMAGIC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE (INCLUDING ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY), EVEN IF GEOMAGIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY CLAIM BY ANY OTHER PARTY. YOU SHALL BE SOLELY RESPONSIBLE TO YOUR CUSTOMERS FOR ANY UPDATE OR SUPPORT OBLIGATION OR OTHER LIABILITY THAT MAY ARISE FROM DISTRIBUTION OF YOUR PRODUCT.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN SECTIONS 3 AND 4 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct lift support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Geomagic specifically disclaims any express or implied warranty of fitness for High Risk Activities.
7. TERMINATION. You may terminate this License (but not this License Agreement) at any time by destroying or erasing Your copy of the Software and so advising Geomagic. This License shall also terminate automatically in the event that You breach this Agreement. Upon termination of this License for any reason, You agree to destroy or erase the Software. In the event of termination, this Agreement will survive. This License is personal to You and You agree not to attempt to assign Your License or this Agreement without Geomagic's prior written consent. Any attempted assignment shall be null and void.
8. EXPORT LAWS. You agree to comply with all United States and other applicable laws and regulations that apply to the Software, including all United States export laws and regulations. You agree not to download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with such laws.
9. CONFIDENTIALITY. You acknowledge that the Software in source code form remains a confidential trade secret of Geomagic and/or its suppliers. Except for Redistributable Code in object code format, You agree not to deliver or otherwise make the Software available to anyone other than You or the authorized employees of Your company (if You are a business entity) and only for the normal end-uses of the Software. You agree to use Your best efforts to safeguard the Software and to ensure that no unauthorized person gains access to the Software and that no unauthorized copy, publication or decompilation is made of the Software.
10. AVAILABLE ENHANCEMENTS AND MAINTENANCE. Nothing in this Agreement shall entitle You to receive any enhancements, upgrades, or new versions of or to the Software If the parties agree to a separate, paid maintenance agreement, You will be provided with technical support for the Software and with all available enhancements and upgrades in accordance with the terms of such agreement. Any upgrades or enhancements provided to You as a licensee under this Agreement will be treated as part of the Software licensed under this Agreement and shall be subject to the terms of this Agreement. All such upgrades and enhancements are provided "AS-IS", without warranty or conditions of any kind, express or implied. You agree that Geomagic may collect and use information gathered as part of technical support and maintenance services provided to You related to the Software, solely to provide such services and/or to enhance the Software.
11. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods, or any successor thereto, shall not apply to this Agreement. The parties each consent to sole and exclusive jurisdiction and venue in a state or federal court in Wake County, North Carolina for any dispute arising out of or in connection with this Agreement. This License sets forth the entire agreement between You and Geomagic. This Agreement may be amended only in a writing signed by both parties. No vendor, distributor, dealer, retailer, sales person or other person is authorized to modify this Agreement or to make any warranty, representation or promise which is different than, or in addition to, the representations or promises of this Agreement.
Copyright (c) 1996-2006 Geomagic, Inc. All rights reserved.
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