OpenWorldsTM ONLINE LICENSE AGREEMENT
Before you download any OpenWorlds software, here are a few important things to know:
The software is subject to the terms and conditions detailed in the license agreement below.
The software is sample software, which means it is for demonstrating the OpenWorlds libraries and may still contain bugs. Support is not available for sample software. We welcome your feedback.
Version 2.0 and 2.5 Web 3D Software: OpenWorldsTM
Sample Browsers (OpenWorlds HorizonTM)
and OpenWorlds loaders (OpenWorlds MerchantTM)
Developed by OpenWorlds Inc.
3508 Market St., Philadelphia PA 19104
Copyright© 2001, OpenWorlds Inc. All
Rights Reserved
OpenWorlds and the "OW" logo are trademarks of OpenWorlds Inc.
OpenWorlds(tm) ONLINE SAMPLE LICENSE AGREEMENT
OpenWorlds Inc. ("OpenWorlds") IS WILLING TO LICENSE OpenWorlds SAMPLE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. YOU WILL BE AGREEING TO THE TERMS OF THIS AGREEMENT BY CLICKING ON THE SEND BUTTON BELOW. YOUR USE OF THE LICENSED SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW.
1. DEFINITIONS
The "OpenWorlds"(tm) sample software in binary form, and Related Materials (defined below) (hereafter referred to collectively as "Licensed Software") are provided to you subject to OpenWorlds's copyright and other intellectual property rights.
"Related Materials" means all Documentation and machine readable materials (including without limitation libraries, executables, header files and data files) provided to you by OpenWorlds.
2. LICENSE TO EVALUATE LICENSED SOFTWARE AND RELATED MATERIALS
OpenWorlds and its licensors retain exclusive ownership of the Licensed Software. OpenWorlds hereby grants to you ("you" or "Licensee") a non-exclusive, non-transferable, royalty-free and restricted license to use the Licensed Software internally for the purposes of evaluation only. No license is granted to you for any other purpose.
You may duplicate a reasonable numbers of copies of the Licensed Software for internal use only, provided, however, that you agree that all copyright, trademark and other intellectual property legends or notice and this statement will appear on all copies of the Licensed Software or portions thereof.
3. NO SUPPORT OF LICENSED SOFTWARE
The Licensed Software is still under development and may contain bugs. OpenWorlds is under no obligation to support the Licensed Software or Related Materials in any way, or to provide you with updates, or error corrections (collectively, "Software Updates"). If OpenWorlds at its sole option, supplies Software Updates to you, such Software Updates will be considered part of the Licensed Software, subject to the terms and conditions of this license agreement.
OpenWorlds will not be obligated to make the Licensed Software available to you as a final OpenWorlds product. The Licensed Software is in development and programming interfaces will change in subsequent versions of the Licensed Software.
4. CONFIDENTIAL INFORMATION.
"Confidential Information" means the Licensed Software and any other information which OpenWorlds supplies to you under this Agreement and marks "Confidential," or marks with a similar restrictive legend.
"Confidential Information" does not include information that: A. is known to you at the time of disclosure other than by previous disclosure under an obligation of confidentiality, without violation of this Agreement; B. becomes known or available to you, without restriction, from a source other than OpenWorlds, without violation of this Agreement; C. is or becomes generally known in the computer industry without violation of this Agreement by you; D. is independently developed by you without reference to the Licensed Software; E. is disclosed or released for disclosure by an officer of OpenWorlds to others without restriction, or F. is disclosed pursuant to judicial order issued by a court of competent jurisdiction, provided that you first notify OpenWorlds of such request for disclosure.
You shall treat all Confidential Information of OpenWorlds with the same degree of care, but no less than reasonable care, as you use to protect your own Confidential Information of like importance and only disclose Confidential Information to employees and contractors with a need to know for purposes of this Agreement.
This provision shall survive termination or expiration of this License Agreement for a period of three (3) years.
5. RESTRICTED RIGHTS.
RESTRICTED RIGHTS: Use, duplication, or disclosure by
the U.S. Government is
subject to restrictions of FAR 52.227-14(g)(2)(6/87)
and FAR
52.227-19(6/87), or DFAR 252.227-7015(b)(6/95) and DFAR
227.7202-3(a).
6. WARRANTY AND DISCLAIMER OF WARRANTY
OpenWorlds AND ITS LICENSORS PROVIDE THE LICENSED SOFTWARE TO LICENSEE "AS IS". OpenWorlds AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE LICENSED SOFTWARE, EITHER EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). NEITHER OpenWorlds NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE LICENSED SOFTWARE, THE RELATED MATERIALS OR THEIR DERIVATIVES.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST REVENUES OR PROFITS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING WITH RESPECT TO THE LICENSED SOFTWARE AND RELATED MATERIALS OR ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The provisions of paragraphs 6 and 7 shall survive the expiration or termination of this Agreement.
8. MISCELLANEOUS
This agreement shall automatically terminate if you fail to comply with its terms.
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Pennsylvania, U.S.A., without reference to conflict of laws principles. By using or copying this Licensed Software and/or Related Materials, Licensee agrees to abide by the intellectual property laws and all other applicable laws of the U.S. (including without limitation the export laws of the United States) and the terms of this license.
It is understood and agreed that, notwithstanding any other provisions of this Agreement, your breach of the provisions of Paragraph 4, Confidential Information, of this Agreement will cause OpenWorlds irreparable damage for which recovery of money damages would be inadequate, and that OpenWorlds will therefore be entitled to seek timely injunctive relief to protect OpenWorlds's rights under this Agreement in addition to any and all remedies available at law.
Please select the "Accept License" button below to indicate your agreement with the terms outlined herein.
Click on the "Accept License" button to continue. If you do not agree to be bound by this agreement, use the "back" button of your browser to exit the installation pages.
By clicking on the "Accept License" button, it will bring you to our download site: