Eovia Corp.
END-USER SOFTWARE LICENSE AGREEMENT


The Eovia Corp. Software delivered is intended for individual personal use only. Redistribution is not allowed.


1. GRANT OF LICENSE:

    Copy and Use - Application Software. EOVIA CORP. grants to Recipient a limited, non-exclusive License to install, use, access, display, run, or otherwise interact with ("RUN") this copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer, workstation, terminal, handheld PC, or other digital electronic device ("COMPUTER"). The primary user of the COMPUTER on which the SOFTWARE PRODUCT is installed may make copies for his or her exclusive use on other computers.

    Copy and Use - Network Rendering. EOVIA CORP. grants to Recipient a limited, non-exclusive License to install and use 1 (one) copy of the Eovia Carrara Render Node Software on up to 5 (five) computers located on the Recipient's premises.  These 5 (five) Carrara Render Nodes may be accessed by 1 (one) License of EOVIA Carrara Software. All remaining rights are reserved to EOVIA CORP. and its suppliers. EOVIA CORP. and its suppliers retain all ownership and title to the Software at all times.

    Support and Updates. This License does not grant Recipient any right to technical or Software support of any kind, bug fixes, or any enhancement or update, nor to any extension of time protected Eovia Software. 

    This License applies to any updates or extensions of time protected Software which may be supplied to Recipient by EOVIA CORP.

    Redistribution and Content Use. This License prohibits the Recipient from redistributing of any part of the Software Product, including images, models, applets, documents, icons and programs, both for commercial or non-commercial purposes.

    This License grants to the Recipient the right to use images and models created through using the Software for either commercial or non-commercial purposes. At no time may the Recipient redistribute images or 3D models that are delivered with the Software. The Recipient may not re-license or re-distribute the images, models or clip art that are delivered with the Software.


2. RESTRICTIONS:

    Copyright, Title, ownership rights, and intellectual property rights in and for the Software shall remain with EOVIA CORP. and its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License does not provide any rights to Recipient for such content.

    Recipient must maintain all copyright notices on all copies of the Software Product.

    Recipient shall not attempt to reverse-engineer, decompile or take actions to disassemble the Software.

3. DISCLAIMER OF WARRANTY:

    The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by Recipient.
 
    Should the Software prove defective, Recipient, and not EOVIA CORP., assumes the entire cost of any service and repair. In addition, the security mechanism implemented by the Software has inherent limitations, and Recipient must determine that the Software sufficiently meets Recipient requirements. This disclaimer of warranty constitutes an essential part of the agreement. 

    SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO Recipient AND Recipient MAYHAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BYJURISDICTION. 

4. LIMITATION OF LIABILITY:

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EOVIA CORP. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO Recipient OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL EOVIA CORP. BE LIABLE FOR ANY DAMAGES IN EXCESS OF EOVIA CORP.'S LIST PRICE FOR A License TO THE SOFTWARE, EVEN IF EOVIA CORP. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO RECIPIENT.

5. TERMINATION:

    This License will terminate automatically if Recipient fails to comply with the limitations described within this Agreement. On termination, Recipient must remove the Software from all computers onto which it is installed, and must destroy or return all copies of the Software. 

6. EXPORT CONTROLS:

    None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia (Serbia and Montenegro), North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading  or using the Software, Recipient agrees to the foregoing and Recipient is representing and warranting that Recipient is not located in, under the control of, or a national or resident of any such country or on any such list.

7. MISCELLANEOUS:

   This Agreement represents the complete agreement concerning this License between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
 
    This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. 

8. U.S. Government Restricted Rights:

    Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013,and in similar clauses in the NASA FAR Supplement. 

ACADEMIC EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT

IF THIS PRODUCT IS IDENTIFIED AS AN ACADEMIC EDITION, THE USERS USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS ACADEMIC EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS ACADEMIC EDITION ADDENDUM, THE TERMS OF THIS ACADEMIC ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GENERAL LICENSE AGREEMENT, THE USER MAY NOT TRANSFER OR ASSIGN THE PRODUCT OR ANY COPY THEREOF, OR THE USERSR LICENSE TO USE THE PRODUCT TO A THIRD PARTY.

If the user has purchased this Product as part of the Student Campus Reward Option for Learning (SCROL) Program, Section 1 Paragraph 1 of the General License Agreement shall be deleted and replaced with the following:
D. TERM: This license shall remain in effect only for so long as the user is a registered full-time student or a faculty member at an accredited higher education institution. This license shall terminate in the event the user is no longer a registered full-time student or a faculty member at an accredited higher education institution. For the purposes of this License, "accredited higher education institution" shall mean either a publicly or privately owned vocational or correspondence school; junior college; college; university or scientific or technical institute recognized by the appropriate ministry or department of education. In addition this License will terminate if the user fails to comply with any of its terms or conditions. The User agrees, upon termination, to destroy all copies of the Product and further agrees that Product may not be transferred or resold. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

Manufacturer is Eovia Corp., 888 Villa Street, Suite 430, Mountain View, CA 94041  USA.
http://www.eovia.com, 650.938.0515 (v). 650.938.0497 (f). info@eovia.com.

Copyright 2005 Eovia Corp. All rights reserved.
