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LICENSE FOR CUSTOMER USE OF IMAGINATION TECHNOLOGIES SOFTWARE
IMPORTANT NOTICE -- READ CAREFULLY: This IMAGINATION TECHNOLOGIES
Customer License and Evaluation Agreement ("LICENSE") is the agreement
which governs use of the IMAGINATION TECHNOLOGIES software downloadable
herefrom, including computer software and associated printed materials
("SOFTWARE"). By installing or otherwise using the SOFTWARE, you agree
to be bound by the terms of this LICENSE. If you do not agree to the
terms of this LICENSE, do not install the software.
This AGREEMENT is made between Imagination Technologies Limited
(IMAGINATION TECHNOLOGIES) and the business entity or individual that
downloads the software.
RECITALS
Use of IMAGINATION TECHNOLOGIES's products requires three elements: the
SOFTWARE, the hardware on a graphics controller board, and a personal
computer. The SOFTWARE is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE is not sold, and instead is merely licensed for
use, strictly in accordance with this document. The hardware is
protected by various patents, and is sold, but this agreement does not
cover that sale, since it may not necessarily be sold as a package with
the SOFTWARE. This agreement sets forth the terms and conditions of the
SOFTWARE license only.
1. DEFINITIONS:
1.1 Customer. Customer means the business entity or individual that
downloads the Software.
2. GRANT OF LICENSE.
2.1 Rights and Limitations of Grant. IMAGINATION TECHNOLOGIES hereby
grants Customer the following non-exclusive, non-transferable right to
use the SOFTWARE, with the following limitations:
2.1.1 Rights. You may copy and distribute verbatim copies of the
SOFTWARE as you received it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and keep intact all the notices that refer to this
license and give any other recipients of the Program a copy of this
license along with the SOFTWARE.
2.1.2 Limitations. No Reverse Engineering. Customer may not reverse
engineer, decompile, or disassemble the SOFTWARE, nor attempt in any
other manner to obtain the source code. The SOFTWARE is licensed as a
single product. Its component parts may not be separated, nor otherwise
used separately from the other parts. Customer may not rent, sell or lease
the SOFTWARE to someone else.
3. TERMINATION.
This LICENSE will automatically terminate if Customer fails to comply
with any of the terms and conditions of it. In such event, Customer must
destroy all copies of the SOFTWARE and all of its component parts.
4. COPYRIGHT.
All title and copyrights in and to the SOFTWARE (including but not
limited to all images, photographs, animations, video, audio, music,
text, and other matters incorporated into the SOFTWARE), the
accompanying printed materials, and any copies of the SOFTWARE, are
owned by IMAGINATION TECHNOLOGIES, or its suppliers. The SOFTWARE is
protected by copyright laws and international treaty provisions.
Customer is required to treat the SOFTWARE like any other
copyrighted material except as within the rights granted in para 2.1.1
above.
5. APPLICABLE LAW.
This agreement is governed by and shall be construed in accordance with
English Law.
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
6.1 No Warranties. To the maximum extent permitted by applicable law,
the software is provided "as is" and IMAGINATION TECHNOLOGIES and its
suppliers disclaim all warranties, either express or implied, including,
but not limited to, implied warranties of merchantability and fitness
for a particular purpose.
6.2 No Liability for Consequential Damages. To the maximum extent
permitted by applicable law, in no event shall IMAGINATION TECHNOLOGIES
or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, without limitation, damages
for loss of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use of or
inability to use the software, even if IMAGINATION TECHNOLOGIES has been
advised of the possibility of such damages.
7. MISCELLANEOUS. This Agreement is the final, complete and exclusive
agreement between the parties relating to the subject matter hereof, and
supersedes all prior or contemporaneous understandings and agreements
relating to such subject matter, whether oral or written.
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