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RECON3D™ Vol.2 Content
Collection
Medieval Art
License agreement
BEFORE USING THIS PRODUCT,
please carefully read following terms and conditions regarding
use of it.
This is a License Agreement between
the original purchaser (hereinafter referred to as “the
Licensee”) of the product and Art Recon Inc. (hereinafter
referred as Art Recon) regarding use of the Recon3D™ Vol.2
Content Collection (hereinafter referred to as “the 3D Collection”).
The 3D Collection as used in this agreement means without limitation
the data files and all other digital material contained on the
disk in this package, together with any accompanying material,
the catalog/brochure and documentation.
This License Agreement defines
the Licensee’s rights and obligations as a Licensed user
of the 3D Collection. By using the 3D Collection the Licensee
acknowledges that he has read this License Agreement and that
the Licensee understands it and accepts all the terms and conditions
of this License. If the Licensee, is not in agreement with all
terms of this License, please do not use this 3D Collection and
do not open data package. The 3D Collection may be returned with
the data package unopened along with all accompanying materials
and a copy of the invoice to Art Recon Inc. for a full refund
within thirty (30) days from the date of purchase.
1. LICENSE FEE
The Licensee agrees to pay Art Recon prior to or concurrent with
delivery of the 3D Collection the full purchase price for the
3D Collection. Any payment not made when due shall accrue interest
at the rate two percent (2%) per month. In addition, the Licensee
agrees to pay Art Recon all costs, expenses and legal fees expended
by Art Recon in the process of collection of the purchase price,
whether by filling a lawsuit or otherwise.
Upon payment of the appropriate license fee for the 3D Collection,
Art Recon hereby grants to the Licensee the right to use the
3D Collection under the terms and conditions set forth below.
2. PRODUCT LICENSE
Art Recon grants to the Licensee and the Licensee hereby accepts,
subject to the limitations and obligations of this License Agreement,
a personal, nontransferable and nonexclusive, world wide license
to use the 3D Collection, together with all accompanying printed
materials.
3. USE RESTRICTIONS
The 3D Collection is provided for the Licensee’s exclusive
use. The Licensee may not reverse, engineer, decompile or disassemble
in whole or in part the 3D Collection.
The Licensee may not have the right to give, sell, rent, lease,
sublicense or otherwise transfer or dispose of the 3D Collection
to any person, firm, organization, government or other entity
other than the Licensee.
The Licensee may not have the right electronically transfer 3D
Collection data from one computer to another over a network.
The Licensee may not use, copy, and modify the 3D Collection
or its parts in the creation and presentation of animations and
renderings or similar product which can require run time access
to it, even if the 3D Collection or any part of it can not be
separately exported, extracted, or decompiled onto any redistributable
or marketable form or format. In such case, use of the 3D Collection
will be subject to written authorization and supervision by Art
Recon.
The Licensee agrees to identify copyright of the 3D Collection
data with appropriate note:
“3D Models created by Art
Recon Inc.”
which must be displayed prominently
on all Licensee products, made in any form or media and incorporated
the 3D Collection data. The Licensee shall also includes Art
Recon’s trade name and logo information on exterior packaging
of all Licensee products which incorporate the 3D Collection
or any part thereof in any form or format. If the 3D Collection
is used in commercial productions for entertainment, the credits
must include appropriate mention of Art Recon Inc. and Recon3D
Object Collection(s) and short description of models being used
in the production.
The Licensee may not use the 3D Collection or any part thereof
it in obscene, vulgar or any illegal context.
4. OWNERSHIP
The 3D Collection data and all accompanying elements in package,
material, copyrights, and information are owned by Art Recon
Inc. The 3D Collection contains copyrighted information protected
by the laws of Canada and international treaty. Art Recon Inc.
retains and reserves all rights in, title to, and ownership of
the 3D Collection originally supplied by Art Recon Inc., including
all subsequent copies of the 3D Collection regardless of the
form or media in or on which the original and other copies may
exist, whether in modified or unmodified form. No changes in
form or format, alterations, additions or deletions shall transfer
ownership of the 3D Collection from Art Recon Inc. to any party
or person.
5. COPY RESTRICTIONS
The contents of the 3D Collection may be copied once in whole
or in part for Licensee exclusive use in only one computer at
one location at any one time. This License permits Licensee to
make only one backup copy of the 3D Collection for archival purposes,
provided that backup is not installed on any computer.
The Licensee shall not duplicate
the 3D Collection onto any media, including, without limitation,
paper, magnetic tape, paper tape, disks or electronic memory,
except as described above. The Licensee agrees that all copies
of and changes made to the 3D Collection are owned by Art Recon,
and shall be considered the 3D Collection subject to this Agreement.
Each and every copy shall be prominently labeled with the following
copyright notice:
“Copyright Art Recon Inc. 2003. Copy made by permission
of Art Recon Inc.”
6. LIMITED WARRANTY
Art Recon warrants that the disk or diskettes or other media
containing the 3D Collection to be free of defects in materials
and workmanship under normal use for (30) days after the date
of original delivery. The 3D Collection is provided to the Licensee
“AS IS” and Art Recon makes no other warranty of any
kind, express or implied, with regard to the 3D Collection. Art
Recon does not warrant that the 3D Collection will meet Licensee
requirements and will operate error free or that all defects
are correctable or will be corrected in the future.
Art Recon reserves the right to make changes, additions and improvements
to the 3D Collection at any time without notice. No guaranty
is made that future version will be compatible with this or any
other version of the 3D Collection.
Upon the return of the defective media within the said (30) days
period together with copy of invoice, Art Recon will only replace
the media or refund the purchase price. In the event Art Recon
decides to refund the purchase price, this License is void and
Licensee warrants and agrees to return the 3D Collection to Art
Recon and permanently destroy any and all copies made therefrom,
whether in modified or unmodified form. This warranty does not
cover the 3D Collection and related materials that have been
lost, stolen, or damaged by accident, improper use or making
unauthorized modification.
This warranty does not apply to defects that arise out of accident,
neglect, misuse, improper media or hardware, poor telephone circuits,
humidity control, failure of electric power, air conditioning,
transportation, hardware equipment malfunctions or failure, weather
condition, natural disasters, causes other than ordinary use
or causes being beyond the control of the Licensee.
7. DISCLAIMER AND LIMITATION
ON LIABILITY
The above is the only warranty of any kind, either express or
implied, including but not limited to the warranties of merchantability
and fitness for purpose, that Art Recon Inc. makes regarding
the 3D Collection.
Art Recon disclaims all other warranties represents the entire
agreement regarding the warranties applicable to the 3D Collection
and the related materials and supersedes any prior written or
oral information including any advertising or representation.
No unauthorized person can change the terms of this warranty.
The agents, employees, distributors and dealers of the 3D Collection
are not authorized to modify this warranty, or in any way increase
its scope. Dealer advertising or presentations or any other statements,
whether oral or written, do not constitute warranties by Art
Recon and should not be relied upon.
Neither Art Recon Inc. nor its distributors, dealers, officers,
agents, employees, or suppliers shall be responsible or be liable
for any special, incidental, consequential, indirect or other
damages, whether based on warranty, contract, tort, or other
legal or equitable grounds, including, without any limitation,
damages for loss of profits or revenue, business interruption,
loss of data, malfunction of any software or hardware, arising
out of the use or relating to the 3D Collection, even if Art
Recon or Art Recon’s agent or any other part or person has
been advised of the possibility of such damages, regardless of
any form of the claim.
In no event Art Recon’s liability under this agreement for
any damages to the Licensee or any person ever will exceed the
purchase price actually paid for the License to use the 3D Collection,
regardless of any form of the claim.
8. INDEMNIFICATION
In no event will Art Recon Inc. be liable for any claim against
the Licensee by a third party or person, and the Licensee hereby
agrees to indemnify and hold Art Recon harmless from any actions,
claims or liability arising out of or in connection with the
installation, use and/or performance of the 3D Collection, whether
alone or in combination with any other product(s) or service(s).
9. GOVERNING LAW
This Agreement is governed by the laws of the Province of Ontario.
Jurisdiction and venue for the enforcement of this Agreement
shall be found exclusively in the courts within Ottawa, Province
of Ontario and the Licensee agrees to attorn to this jurisdiction.
Copyright © 1995-2004 Art
Recon Inc.
RECON3D and Art Recon are trademarks of Art Recon Inc. |
