This Software Licensing Agreement ("Agreement") is a legal agreement between you and Martin Wengenmayer. These are the only terms by which Martin Wengenmayer permits any use of the Software.
1. THE SOFTWARE.
The Software licensed under this Agreement is the computer program entitled 'Cheetah3D', which consists of executable files, data files, and documentation.
2. GRANT OF LICENSE.
Martin Wengenmayer grants you the nontransferable, nonexclusive right to use the Software in accordance with the terms of this Agreement.
Except during the demo period, the Software must not be used without a valid license. A license of the Software must only be used on one computer simultaneously. A license of the Software may be installed on two computers simultaneously. You may copy the Software for back-up or archival purposes.
YOU MAY NOT: modify, translate, disassemble, reverse engineer, decompile, or create derivative works based upon the Software.
You agree not to distribute the Software to others and to use it only for your own personal use. You acknowledge that distribution of the Software to others, whether intentional or unintentional, could damage Martin Wengenmayer both financially and professionally. Any unauthorized distribution will result in immediate and automatic termination of your license.
The Software is owned by Martin Wengenmayer and is protected by international copyright laws and treaties. Martin Wengenmayer reserves the exclusive copyright and all other rights, title and interest to distribute the Software.
4. NO WARRANTY.
THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. MARTIN WENGENMAYER WILL PROVIDE NO REMEDY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
5. LIMITATION OF LIABILITY.
YOU USE THIS PROGRAM SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL MARTIN WENGENMAYER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF MARTIN WENGENMAYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MARTIN WENGENMAYER BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
The term of this license grant is perpetual. You may terminate this Agreement at any time by destroying all copies of the Software in your possession. Your license to use the Software will automatically terminate if you breach the terms of this Agreement.
7. GENERAL PROVISIONS.
This Agreement is the sole and entire Agreement relating to the Software, and supercedes all prior understandings, agreements, and documentation relating to the Software. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement will be governed by the laws of Germany, without regard for its conflict of laws principles. With respect to every matter arising under this Agreement, you consent to the exclusive jurisdiction and venue of the courts sitting in Bavaria, Germany. This Agreement does not create any agency or partner relationship. Your rights under this Agreement are personal and do not include any right to sublicense the Software.
BY USING CHEETAH3D, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, PLEASE REMOVE ALL COPIES OF CHEETAH3D FROM YOUR COMPUTER.