END‑USER LICENSE AGREEMENT AND IGN/GAMESPY PRIVACY POLICY

PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AND THE TERMS OF THE IGN/GAMESPY PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ALL USE OF THIS SOFTWARE.

1.            License. The application, demonstration, system and other software and the related documentation and any files that are delivered to you by Midway Home Entertainment Inc. (if you install the Software in North America) or Midway Games Ltd. (if you install the game outside of North America) ("Midway"), its licensors, including Epic Games, Inc. ("Epic"), or their designees to update, supplement, or modify the software program (the "Software") are licensed only for your use and gaming enjoyment, subject to terms and limitations in this License. For purposes of this License and the grant of rights you receive, the term "Software" shall also include Server-Only Software as defined below in Section 2 except where otherwise noted. The Software is licensed, not sold. The license fee you paid gives you the right to use the Software. Epic, Midway and their licensors reserve all other rights (we talk about this more in Section 5 below). The Software contains third party programs, and the license terms with those programs apply to your use of them. You will comply with all requirements imposed upon Epic by third party service providers and licensors, including, without limitation, Interactive Data Visualization, Inc. If the Software is configured for loading onto a hard drive, you may only load one copy of the Software onto the hard drive of a single computer and only run the Software off that hard drive. However, you may participate in a multiplayer configuration (such as in an Internet gaming room) with other players who also have valid licenses; in other words, your friends must license their own copies of the Software. There is an editor incorporated into the Software which, if you use it, is subject to Section 11 below.

2.            Server-Only Software. "Server-Only Software" is not a full-fledged version of the game software program and is licensed for use only on a server computer, which is a multi-user computer that provides a service or resources over a network connection. The Server-Only Software is licensed for use only under the terms of this License, and Epic reserves all rights not expressly granted to you. The Server-Only Software is delivered to you over the Internet by Epic. The Server-Only Software license does not include a license to the Game delivered by Midway. You own the media on which the Server-Only Software is recorded, but Epic retains ownership of the Server-Only Software itself. You may not rent, lease, lend, redistribute, or sublicense the Server-Only Software. You may connect an unlimited number of client computers to each validly licensed copy of the Server-Only Software; provided, however, that the number of simultaneous user connections each has a valid Game Software license. To the extent that the Server-Only Software contains third party software, Epic has no express or implied obligation to provide any technical or other support for such third party software. The Server-Only Software is available for license at www.unrealtournament3.com or on a mirror site.

3.            Commercial Exploitation. You may not use this game, or any Mods (we'll explain this term later on) created for this game or using the tools provided with this game, for any commercial purposes without the prior written consent of Epic including, but not limited to, the following rules. You may not, without prior written consent from Epic, operate the Software in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$5,000.00 OR (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service OR (c) any company has provided, whether donated or as sponsorship, prizes, products or services worth with a fair market value of over US$5,000.00 OR (d) you have indicated that Epic or Midway is a sponsor of such gaming contest.

4.            Pay for Play and Server Hosting Services. If you are the proprietor of an Internet café or LAN gaming center, you may operate the Software in a "pay for play" or "timeshare" environment provided that all computers used have validly licensed Software installed. If you provide commercial server hosting services, you may use the dedicated server software to provide server hosting services for profit.

5.            Use Restrictions. We want you to enjoy our products for years to come, and we want to be able to continue to make awesome games, so you need to be aware that there are some things you cannot do with the Software. The Software contains copyrighted material, trade secrets and other proprietary material which belongs to Epic, Midway or to our licensors. You agree that you are not a third party beneficiary of any agreements between Epic and our licensors, or Midway or its licensors, including, without limitation, Interactive Data Visualization, Inc. You may not work around any technical limitations in the Software. You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on the Software (except as permitted in Section 11, below), disassemble or otherwise reproduce the Software. Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute the Software. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not offer the Software on a pay‑per‑play basis or otherwise commercially exploit the Software or use the Software for any commercial purpose except as described in this agreement. You may not publish the Software for others to copy, or electronically transmit the Software from one computer to another or over a network. If you purchased the Software in North America, You agree and certify that neither the Software nor any other technical data received from Epic or Midway, nor the direct product thereof (whether a process or service or otherwise), will be directly or indirectly exported or transmitted outside the United States except as authorized and as permitted by the laws and regulations of the United States. In particular, but without limitation, the Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export or transmit, directly or indirectly, the Software nor any other technical data received from Epic or Midway, except as authorized by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software. You agree that you will not export in any manner the Software without first obtaining all necessary approvals from the appropriate agencies in the United States and any other applicable countries. If you purchased the Software outside of North America, You agree that you will not re-export or transmit, directly or indirectly, the Software nor any other technical data received from Epic or Midway, except as authorized by the laws and regulations of the jurisdiction in which you obtained the Software. You agree that you will not export in any manner the Software without first obtaining all necessary approvals from the appropriate agencies.

6.            Cheating. Nobody likes a cheater. It's a disgraceful way to earn a win and really is an insult to those players who earn their wins in on-line games the old-fashioned way-WITH TALENT. We're pretty hard on cheating in on-line games using the Software because it sullies the overall gaming experience and is JUST PLAIN LAME. With that in mind, if you are caught cheating in an on-line game using the Software we will immediately and permanently ban your account. At that point, this License is automatically terminated and you must immediately delete this software from your PC. Failure to comply with this last bit (deleting the software) may bring on the wrath of the lawyers. Trust us-you don't want that.

7.            Limited Trademark License. If you provide commercial server hosting services or if you are the proprietor of an Internet café or LAN gaming center, and you operate the Software in a "pay for play" or "timeshare" environment in compliance with Section 4 above, you are licensed by Epic to use only the Unreal Tournament 3 logo and the Circle-U logo trademarks only in connection with your advertisement and promotion of the Software in association with your Internet café, LAN gaming center, or dedicated server business. High-resolution versions of these logos are available for download at www.epicgames.com/ut3tmguidelines.html, and your use of these trademarks shall be in accordance with Epic's trademark usage guidelines provided therewith. Nothing contained in this Agreement shall give you any interest or additional rights in such trademarks or in any other trademarks owned by Epic.

8.            No Other License. Epic and Midway retain ownership of all proprietary information and all patent, copyright, trade secret or other intellectual property rights owned by each of them. No rights or licenses are granted by Epic or Midway under this License, expressly or by implication, with respect to any such proprietary information or patent, copyright, trade secret or other intellectual property rights owned or controlled by Epic or Midway, except as expressly provided in this License.

9.            Termination. This License is effective until one of us terminates it. You may terminate this License at any time by destroying the Software and related documentation. In the unlikely event that you are naughty and fail to comply with any provision of this License, this License will terminate immediately without notice from Epic or Midway. Upon termination, you must destroy the Software and related documentation. Please don't wait for us to come after you; it would not be pleasant for either of us. If we do have to come after you, we're going to expect you to pay us for our troubles, including the cost of our lawyers.

10.        Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.277-19, or in Clause 18-52.227-896(d) of the NASA Supplement to the FAR, as applicable. Manufacturer is Midway Home Entertainment Inc., 10636 Scripps Summit Court, Suite 100, San Diego, California.

11.        Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software and the media on which it is recorded, if any, is at your sole risk. For ninety (90) days from the date of your purchase of the Software, the media containing the Software, if any, shall be free from defects in material and workmanship. Epic and Midway's sole liability, and your sole remedy, with respect to any such media that proves to be defective during such time period shall be to replace the defective media. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Except explicitly as set forth herein, the Software, related documentation and the media, if any, are provided "AS IS" without any warranty of any kind. Certain features of the Software are not supported; for more information, see the manual. EPIC, MIDWAY and their LICENSORS (for the purposes of Section 8 and Section 9, Epic, Midway and their licensors, including GameSpy Industries Inc., shall be referred to as Epic and Midway) EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED, WHETHER IMPLIED BY STATUTE, COMMON LAW, CUSTOM OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BY NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EPIC AND MIDWAY DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR THE MEDIA WILL BE CORRECTED. FURTHERMORE, EPIC AND MIDWAY DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPIC OR MIDWAY OR ANY OF EPIC OR MIDWAY'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12.        Limitation of Liability. UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL EPIC OR MIDWAY OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEE OR ASSIGNS BE LIABLE FOR ANY LOSS OF DATA, PROFITS (EVEN IF ARISING IN THE NORMAL CAUSE OF EVENTS) AND/OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, INCLUDING LOST DATA, EVEN IF EPIC OR MIDWAY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS LIMITATION APPLIES TO ANYTHING RELATED TO THE SOFTWARE, SERVICES, CONTENT (INCLUDING CODE) ON THIRD PARTY INTERNET SITES, OR THIRD PARTY PROGRAMS. THIS LIMITATION ALSO APPLIES TO CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall the total liability of Epic and/or Midway to you for all damages, losses, and causes of action (in each case whether in contract, tort or otherwise) exceed the amount paid by you for the Software. Nothing in this License shall be deemed or construed as excluding or limiting Midway's and/or Epic's liability for personal injury or death arising from its negligence, fraudulent misrepresentation or any other liability which cannot be excluded or limited by law.

13.        Controlling Law and Severability. If you purchased the Software in North America: This License shall be governed by and construed in accordance with the laws of the United States and the State of Illinois, as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. If for any reason a court of competent jurisdiction finds any provision of this License, or a portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect. You hereby agree to personal jurisdiction and exclusive venue in the state and federal courts located in Cook County, Illinois. If you purchased the Software outside of North America: This License shall be governed by and construed in accordance with English Law. If for any reason a court of competent jurisdiction finds any provision of this License, or a portion thereof, to be unenforceable, that provision of the License shall be deemed replaced by such valid and enforceable provision whose contents are as close as permissible to those of the unenforceable provision so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect. You hereby agree to the non-exclusive jurisdiction of the English Courts.

14.        Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, Epic and Midway reserve the right to modify the terms of this License from time to time and will post notice of material changes somewhere within www.midway.com.

15.        The Use of Online Functionality by Children. Children under the age of 18 are not permitted to participate in the online features of the game.

16.        Collection of Personal Data. Personal data in the form of an e-mail address may be collected from you during the online registration process if you choose to participate in the online features of the Software (the "Personal Data"). IGN/GameSpy shall be responsible for all aspects of the collection and handling of all Personal Data and the use of such data shall be governed by the IGN/GameSpy privacy policy printed below.

17.        Rules of Online Behavior.

(a)                By accessing, participating on, or otherwise using the online features of the Software, you agree to the following:

i. You will not present any content through chat features or other features of the Software that:

A. Contains offensive, profane, harassing, defamatory, inappropriate, racist, threatening, infringing, obscene, or unlawful material;

 

B. Contains slanderous or libelous comments about other users, Epic or Midway employees, or other individuals;

 

C. Contains personal information about any individual;

 

D. Violates the privacy of any other individual or entity;

 

E. Contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service;

 

F. Contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of Epic's or Midway's system or a third party's computer;

 

G. Undermines the operation of a forum, chat room, or other feature; or

 

H. Infringes upon the rights of any third party.

 

ii. You understand and agree that Epic or Midway will remove postings that contain objectionable material, spam, or otherwise violates the foregoing terms.

 

iii. Use of distribution lists in electronic mail or other mass electronic mailings is subject to the approval of Epic and Midway. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of Epic or Midway.

 

iv. By participating in Epic or Midway websites, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.

 

v. Message boards and other features provided by Epic or Midway may not be used for unauthorized electronic commerce. Use of any of our websites' features, including but not limited to message boards, for the sale of products or services (including participation in any affiliate program other than that operated by Epic or Midway) is prohibited. If, in the sole discretion of Epic or Midway respectively, you are found to be using Epic or Midway websites for any inappropriate commercial purpose, Epic or Midway (as appropriate) reserves the right to take action to end such activity.

 

vi. Unless Epic and Midway let you know otherwise, you may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit any Epic or Midway website, or any part of it.

 

(b)               Your use of all of the online features of the Software is subject to these Rules of Online Behavior, any other terms applicable to the various features of our sites, and all applicable laws, rules, and regulations. Epic or Midway may terminate your account if we believe, using our sole discretion, that you have violated any of these Rules of Online Behavior, any other terms of this license, or any law.

(c)                Epic and Midway may also, in their sole discretion and at any time, discontinue the online functionality of the Software or any part thereof, with or without notice. You agree that you do not have any rights in any such services and that Epic and Midway will have no liability to you if any Epic or Midway site is discontinued or your ability to access it is terminated.

(d)               When utilizing any of the online features of the Software, such as posting on message boards, participating in chat rooms, or creating any other content, you will be deemed to have granted Epic and Midway a license for the perpetual, non-exclusive distribution of the information or materials worldwide in any form or forum without charge or liability.

(e)                You participate in all of the online features of the Software, such as message boards, chat rooms, and/or other features at your own risk. If you are dissatisfied with any feature, operability, content, these Rules of Online Behavior, other agreements Epic or Midway imposes as a condition of usage, or any other component of the online content of the Software, your sole remedy is to discontinue use of the online content.

(f)                 By participating in the online content of the Software, you acknowledge that you may come across material that you find offensive. Epic and Midway disclaim any responsibility for any such offensive material, and all content presented by third parties. Epic and Midway have no responsibility for such content and is merely providing access to such content as a service to you.

(g)                You acknowledge that Epic and Midway have the right to delete any messages, files, or any other content that you may have uploaded to any feature of the online content at their sole discretion, including content that is deemed by Midway, in its sole discretion, to violate the terms of this or any other binding agreement.

(h)                You agree to indemnify and hold Epic and Midway, its parents, subsidiaries, officers, employees, licensors and contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.

 

18.        Editor and End‑User Mods.

(a)                The Software includes an editor and associated tools and utilities (the "UnrealEd"). UnrealEd is a really cool feature which allows you to modify the Software or to construct new variations for use with it. These modifications and variations can be both playable and non playable. UnrealEd is NOT shareware. You may not freely distribute it to any BBS, CD, floppy or any other media. You may not sell it or repackage it for sale.

(b)               Using a licensed copy of UnrealEd, you may create modifications or enhancements to the Software, including the construction of new levels as well as computer-generated linear story animations or other forms of emergent gameplay (sometimes called Machinima), (collectively referred to as "Mods"), subject to the following restrictions:

i.                     Your Mods must:
(A) only work with the full, registered copy of the Software, not independently or with any other software, or
(B)If Machinima, only be recorded to film/file for replay/reproduction. Machinima Mods must display the "Powered By Unreal Technology" logo as a watermark in one of the lower corners of the screen at startup for a minimum of 10 seconds and carry the legal text: POWERED BY UNREAL TECHNOLOGY logo is a trademark of Epic Games, Inc. The logo file is found at http://udn.epicgames.com/Main/TrademarksAndLogos.html.

ii.                   Your Mods must not contain modifications to any executable file(s).

iii.                  Your Mods must not contain any libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, nor may your Mods contain, or be used in conjunction with, any trademarks, copyright protected work, or other recognizable property of third parties, nor may your Mods be used by you, or anyone else, for any commercial exploitation including, but not limited to: (a) advertising or marketing for a company, product or service.

iv.                 Your Mods shall not be supported by Midway, Epic or any of Epic or its publishers' affiliates and subsidiaries, and your Mods must include a statement to such effect.

v.                   Your Mods must be distributed solely for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without prior written consent from Epic Games Inc. You may, exchange them at no charge among other end users and distribute them to others over the Internet, on magazine cover disks, or otherwise for free.

vi.                 The prohibitions and restrictions in this section apply to anyone in possession of the Software or any of your Mods.

(c)               We just LOVE the idea of you using and distributing content or script from any prior Unreal branded game developed by Epic in your Mod. Therefore we grant you a license to use content from any prior Epic Games UnrealŪ game in your Mods. For the sake of clarity Epic retains all copyrights and you will not gain any ownership whatsoever in any Epic content or script nor can you use any Epic content or script outside the scope of the rights granted here. Any attempt to do so will bring about the wrath of our attorneys.

19.        Copyright. The Software and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software are owned by Midway, Epic or such parties' licensors and are protected by United States copyrights laws, international treaty provisions, an army of clones, and all applicable law, such as the Lanham Act. You must treat the Software like any other copyrighted material, as required by 17 U.S.C. Section 101 et seq. and other applicable law. Please do not make unauthorized copies. The program you've licensed was produced through the efforts of many people who earn their livelihood from its lawful use. These people like to eat, so don't make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1‑800‑388‑PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.

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Third Party Software Credits

This product includes code licensed from NVIDIA; Use Bink Video. Copyright © 1997-2006 by RAD Game Tools, Inc.; Zlib - Copyright © 1995-2004 Jean-loup Gailly and Mark Adler; Ogg Vorbis libs - © 2007, Xiph.Org Foundation; ConvexDecomposition - Copyright © 2004 Open Dynamics Framework Group, www.physicstools.org, All rights reserved; Speex Copyright 2002-2003, Jean-Marc Valin/Xiph.Org Foundation; MojoSetup - Copyright © 2007 Ryan C. Gordon and others; Lua - Copyright © 1994-2006 Lua.org, PUC-Rio. PlayStation®3 Software Development Tools - © 2007 Sony Computer Entertainment Inc.; Cg Compiler © 2002-2006 NVIDIA Corporation. This product contains software technology licensed from GameSpy Industries, Inc. © 1999-2007 GameSpy Industries, Inc. GameSpy and the "Powered by GameSpy" design are trademarks of GameSpy Industries, Inc. All rights reserved.

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Speedtree

Platforms: PC, PS3, Mac, Linux, Xbox 360

 

INTERACTIVE DATA VISUALIZATION, INC. END-USER LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING SPEEDTREE RT, FEATURING SPEEDWIND (INCLUDING SOURCE CODE), SPEEDTREE RT FOR XBOX 360 (INCLUDING UPDATES), SPEEDTREE RT FOR PLAYSTATION 3 (INCLUDING UPDATES), SPEEDTREE CAD (OBJECT CODE), EPIC-CAD (OBJECT CODE), SPEEDTREE MODEL LIBRARY, SPEEDTREE MAX (OBJECT CODE), SPEEDTREE MAYA (OBJECT CODE) OR STF EXPORTER (OBJECT CODE), TOGETHER WITH ANY RELATED DOCUMENTATION (INCLUDING DESIGN, SYSTEMS AND USER) AND OTHER MATERIALS FOR USE IN CONNECTION WITH SUCH COMPUTER SOFTWARE (COLLECTIVELY THE "SPEEDTREE SOFTWARE"). THE USE OF THE SPEEDTREE SOFTWARE IS LICENSED BY INTERACTIVE DATA VISUALIZATION, INC., TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SPEEDTREE SOFTWARE. USING ANY PART OF THE SPEEDTREE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

GRANT OF LICENSE: Interactive Data Visualization, Inc. ("IDV") grants to you this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use in a single copy of the Speedtree Software on a single computer for use by a single concurrent user only, and solely provided that you adhere to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Speedtree Software or any Intellectual Property Rights of IDV. You may make Mods, results and/or proceeds available, at no charge or fee (i.e., You may not charge a license or other fee for your Mods, results and/or proceeds), to other properly licensed end users of the Epic Software including the Speedtree Software as part of a "map editor."

ASSENT: By opening the Speedtree Software in the UnrealEd, you agree that this Agreement is a legally binding and valid contract, agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement, and further agree to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under your control or in your service. You also acknowledge and agree that IDV is and shall be a third party beneficiary of the Epic Games End‑User License Agreement.

OWNERSHIP OF SPEEDTREE SOFTWARE: IDV and/or its affiliates or subsidiaries retain any and all right, title, interest that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the Speedtree Software. IDV also retains any and all Intellectual Property Rights in and to any results and/or proceeds created by You using the Speedtree Software that may be embedded in the Software, and no title to such, including any results and/or proceeds, is transferred to the You or any third party through this License or otherwise.

NO COMMERCIAL USE: This License Agreement grants you the right to use the Software for personal use only. Commercial use of the Speedtree Software or of the work products resulting from its use is not permitted under this License Agreement.

RESTRICTIONS:

(a) You are expressly prohibited from copying, modifying, merging, altering, selling, leasing, redistributing, assigning, or transferring in any matter, Speedtree Software or any portion thereof.

(b) You may take a single copy of the Speedtree Software and only as required for backup purposes.

(c) You are also expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Speedtree Software as the Speedtree Software contain proprietary material of IDV.

(d) You may not remove, alter, deface, overprint or otherwise obscure IDV patent, trademark, service mark or copyright notices.

(e) You agree that the Speedtree Software, or the direct product of the Speedtree Software will not be shipped, transferred or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions or regulations.

(f) You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to Speedtree Software, including but not limited to the object code, documentation, help files, examples, and benchmarks.

TERM: This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling the Speedtree Software and destroying all copies of the Speedtree Software. Upon any termination, you agree to uninstall the Speedtree Software and return or destroy all copies of the Speedtree Software, any accompanying documentation, and all other associated materials.

WARRANTIES AND DISCLAIMER:

UNLESS IT IS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN IDV AND YOU, THE SPEEDTREE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. IDV SPECIFICALLY DISCLAIMS ANY DUTY OR OBLIGATION TO HONOR ANY WARRANTIES THAT EPIC MAY PROVIDE TO YOU IN ITS END USER LICENSE AGREEMENT OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, IDV MAKES NO WARRANTY THAT (i) THE SPEEDTREE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE SPEEDTREE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPEEDTREE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE SPEEDTREE SOFTWARE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SPEEDTREE SOFTWARE WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE SPEEDTREE SOFTWARE WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU LIVE IN A JURISDICTION WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, THEN SUCH WARRANTY, GUARANTEE, REPRESENATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF OPENING THE PACKAGE CONTAINING THE SPEEDTREE SOFTWARE OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) IDV'S SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE SPEEDTREE SOFTWARE.

YOU ACKNOWLEDGE AND AGREE THAT NO CLAIM, ACTION, OR DEMAND SHALL LIE AGAINST IDV WITH RESPECT TO ANY LOSS, COST, LIABILITY, DAMAGES, OR EXPENSE ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SPEEDTREE SOFTWARE. IN NO EVENT SHALL IDV OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT IDV HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SPEEDTREE SOFTWARE. FOR PURPOSES OF CLARITY, YOU SHALL NOT FILE ANY SUIT OR BRING ANY CAUSE OF ACTION AGAINST IDV WITH RESPECT TO THIS LICENSE OR THE SPEEDTREE SOFTWARE.SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.

ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between you and IDV, supersedes all prior agreements, whether written or oral, with respect to the Speedtree Software, and may be amended only in a writing signed by both parties.

Interactive Data Visualization, Inc., a South Carolina corporation at 5446 Sunset Blvd., Suite 201, Lexington, SC 29072; 27 February 2007

-=-=-=-

Fonix VoiceIn and DecTalk

Platforms: PC, PS3, Mac, Linux, Xbox 360

 

The Software contains third party programs, including software programs licensed by Fonix Speech, Inc., a Delaware corporation with its principal place of business at 9350 South 150 East, Suite 700, Sandy, Utah 84070 ("Fonix"), and Fonix grants you a nonexclusive, nontransferable, worldwide license to use the Fonix software in object code form but only as incorporated into the Software and with the Software.

 

The Software contains copyrighted material, trade secrets and other proprietary material which belongs to Fonix. You agree that you are not a third party beneficiary of any agreements between Epic and our licensors, including, without limitation Fonix. Your right to use the Fonix software is restricted to the functionality, number of concurrent users, and specific primary and secondary languages authorized in connection with the Software. You may not decompile, modify, reverse engineer, publicly display, disassemble or otherwise reproduce the Fonix software.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FONIX SOFTWARE IS PROVIDED "AS IS" AND FONIX AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FONIX OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, 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 FONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FONIX'S AGGREGATE LIABILITY (IF ANY) EXCEED THE FEES PAID BY YOU FOR THE SOFTWARE.

 

-=-=-=-

Libxml2 (used by Collada)

Platforms: PC, Mac, Linux

 

Copyright © 1998-2003 Daniel Veillard. All Rights Reserved.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

-=-=-=-

ConvexDecomposition

Platforms: PC, Mac, Linux

 

Copyright © 2004 Open Dynamics Framework Group, www.physicstools.org, All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the Open Dynamics Framework Group nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS 'AS IS' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE INTEL OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

-=-=-=-

AMD CPU Drivers

Platforms: PC

 

Advanced Micro Devices, Inc.

End User License Agreement

 

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. License. The software accompanying this License (hereinafter "Software"), regardless of the media on which it is distributed, are licensed to you by Advanced Micro Devices, Inc. ("AMD") for use solely in conjunction with AMD hardware products purchased with the Software ("AMD Hardware"). You own the medium on which the Software is recorded, but AMD and AMD's Licensors (referred to collectively as "AMD") retain title to the Software and related documentation. You may:

a) use the Software solely in conjunction with the AMD Hardware on a single computer;

b) make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy AMD's copyright notice and any other proprietary legends that were on the original copy of the Software;

c) transfer all your license rights in the Software provided you must also transfer a copy of this License, the backup copy of the Software, the AMD Hardware and the related documentation and provided the other party reads and agrees to accept the terms and conditions of this License. Upon such transfer your license is then terminated.

2. Restrictions. The Software contains copyrighted and patented material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not:

a) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form;

b) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part; or

c) electronically transmit the Software from one computer to another or over a network or otherwise transfer the Software except as permitted by this License.

3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from AMD if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and all copies thereof.

4. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Software and documentation were developed at private expense and are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, (June 1987) or FAR 52.227-14(ALT III) (June 1987), as amended from time to time. In the event that this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.

5. No Other License. No rights or licenses are granted by AMD under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by AMD, except as expressly provided in this License.

6. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM VENDOR.

7. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AMD will not be liable for 1)loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. In no event shall AMD's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.

9. Controlling Law and Severability. This Agreement will be governed by and construed under the laws of the State of California without reference to its conflicts of law principles. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded. Each party hereto submits to the jurisdiction of the state and federal courts of Santa Clara County and the Northern District of California for the purpose of all legal proceedings arising out of or relating to this Agreement or the subject matter hereof. Each party waives any objection which it may have to contest such forum.

10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of AMD.

-=-=-=-

DirectX

Platforms: PC

 

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT DIRECTX END USER RUNTIME

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft

* updates,

* supplements,

* Internet-based services, and

* support services

for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.

If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.

2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

* work around any technical limitations in the software;

* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

* publish the software for others to copy;

* rent, lease or lend the software;

* transfer the software or this agreement to any third party; or

* use the software for commercial software hosting services.

3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.

4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.

7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

8. APPLICABLE LAW.

a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

 

-=-=-=-

PhysX

Platforms: PC, PS3, Mac, Linux, Xbox 360

 

Copyright © 2007 AGEIA Technologies, Inc.

 

AGEIA PhysX Driver License Agreement

 

This End User License Agreement (the "Agreement") is a legal agreement between you (either individually or an entity) ("You" and "Your") and AGEIA Technologies Inc. ("AGEIA" and "AGEIA's") regarding the use of the AGEIA PhysX Driver and any accompanying documentation (collectively, the "Software").

 

YOU MUST READ AND AGREE TO THE TERMS OF THIS AGREEMENT BEFORE ANY SOFTWARE CAN BE DOWNLOADED OR INSTALLED OR USED. BY CLICKING ON THE "AGREE" BUTTON OF THIS AGREEMENT, OR INSTALLING SOFTWARE, OR USING SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE, NOT INSTALL OR USE ANY SOFTWARE, AND DESTROY ALL COPIES OF THE SOFTWARE THAT YOU HAVE DOWNLOADED. BY DOING SO YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO DOWNLOAD OR INSTALL OR USE SOFTWARE.

 

This license is only granted to and only may be used by You. AGEIA grants You a limited, non-exclusive, non-transferable license to use the provided Software for evaluation, testing and non-commercial production purposes according to the terms set forth below:

 

1. Use of the Software.

a. You may use, display and reproduce the AGEIA PhysX Driver.

 

b. You may not and shall not permit others to:

(i) modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Software, including without limitation any such mechanism used to restrict or control the functionality of the Software, or to derive the source code or the underlying ideas, algorithms, structure or organization from the Software (except that the foregoing restrictions do not apply to the extent that such activities may not be prohibited under applicable law);

(ii) alter, adapt, modify or translate the Software in any way for any purpose, including without limitation error correction;

(iii) distribute, rent, loan, lease, transfer or grant any rights in the Software or modifications thereof in any form to any person without the prior written consent of AGEIA.

 

c. No Commercial Distribution Right. This license grants no rights to distribute the Software for any commercial purposes. Any and all individuals, companies, non-academic government agencies or other organizations wishing to redistribute the Software for any purpose must enter into written contract with AGEIA. Please contact info@AGEIA.com for further information.

 

2. Ownership. This license is not a sale. Title, copyrights and all other rights to the Software and any copy made by You remain with AGEIA and its suppliers and licensors. Unauthorized copying of the Software, or failure to comply with the license restrictions set forth in Section 1(b) above, will result in automatic termination of this license and will make available to AGEIA other legal remedies.

 

3. Termination. This license is effective once You click the "AGREE" button of this Agreement, or install or use the Software, and will continue until terminated. Unauthorized copying of the Software, Your failure to comply with the above restrictions or Your failure to comply with any terms of this Agreement will result in automatic termination of this Agreement and will make available to AGEIA other legal remedies. Upon termination of this license for any reason You will destroy all copies of the Software. Any use of the Software after termination is unlawful. Upon termination of this Agreement, all rights granted to You in this Agreement shall immediately terminate. AGEIA's rights and Your obligations under this Agreement shall survive any termination of this Agreement.

 

4. Trademarks. Certain of the product names used in this Agreement and the Software constitute trademarks, trade names, trade dress, or service marks ("Trademarks") of AGEIA or other third parties. You are not authorized to use any such Trademarks for any purpose.

 

5. No Warranty. THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND AGEIA MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SOFTWARE. AGEIA AND ITS SUPPLIERS AND LICENSORS MAKE AND YOU RECEIVE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH YOU, AND AGEIA AND ITS SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR EQUIVALENTS. AGEIA does not warrant that the operation of the Software will be uninterrupted or error free or that the Software will meet Your specific requirements.

 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

6. Limitation of Liability. IN NO EVENT WILL AGEIA, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE FOR LOSS OF OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THE SUPPLY OR USE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF AGEIA OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED. YOU ACKNOWLEDGE THAT THE LACK OF A REQUIRED PAYMENT BY YOU FOR THE SOFTWARE REFLECT THIS ALLOCATION OF RISK.

 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

7. Indemnity. You agree to indemnify and hold AGEIA, its successors, assigns, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your failure to comply with this Agreement or Your violation of any law or the rights of any third party.

 

8. Legal Compliance. You agree that You shall fully comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Software.

 

9. Governing Law and General Provisions. This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather, this Agreement and the performance of the parties hereunder shall be construed in accordance with and governed by the laws of the State of California, U.S.A., except for its conflict of law rules. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Santa Clara County, California, U.S.A., and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. This Agreement is the entire agreement between You and AGEIA and supersedes any other communications, representations or advertising with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Agreement shall continue in full force and effect. Failure to prosecute a party's rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach. If You are acquiring the Software on behalf of any part of the U.S. Government, the following provisions apply. The Software programs and documentation are deemed to be "Commercial computer software" and "Commercial computer software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software programs and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be "Technical data-commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b).

 

10. Questions. Should You have any questions relating to this Agreement, or if You desire to contact AGEIA for any reason, please contact info@AGEIA.com.

 

Copyright © 2007 AGEIA Technologies, Inc. All rights reserved.

http://www.AGEIA.com

 

-=-=-=-

Visual Studio 2005

Platforms: PC

 

MICROSOFT SOFTWARE LICENSE TERMS

 

MICROSOFT VISUAL STUDIO 2005 PROFESSIONAL EDITION

 

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft

 

for this software, unless other terms accompany those items. If so, those terms apply.

 

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft's refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.

 

AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.

 

NOTICE: APPLICATIONS AND SERVICES BUILT WITH MICROSOFT VISUAL J# 2005 WILL RUN ONLY IN THE MICROSOFT .NET FRAMEWORK. VISUAL J# 2005 HAS BEEN INDEPENDENTLY DEVELOPED BY MICROSOFT. IT IS NOT ENDORSED OR APPROVED BY SUN MICROSYSTEMS, INC.

------------------------------

 

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.

 

1. OVERVIEW.

 

a. Software. The software includes development tools, software programs and documentation.

b. License Model. The software is licensed on a per user basis.

 

2. INSTALLATION AND USE RIGHTS.

 

a. General. One user may install and use copies of the software to design, develop, test and demonstrate your programs. Testing does not include staging on a server in a production environment, such as loading content prior to production use.

b. Included Microsoft Programs. These license terms apply to all Microsoft programs included with the software. If the license terms with any of those programs give you other rights that do not expressly conflict with these license terms, you also have those rights.

c. Third Party Programs. The software contains third party programs. The license terms with those programs apply to your use of them.

 

3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

 

a. User Testing. Your end users may access the software to perform acceptance tests on your programs.

b. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.

i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."

ii. Distribution Requirements. For any Distributable Code you distribute, you must

 

iii. Distribution Restrictions. You may not

c. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.

 

4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.

 

a. Consent for Internet-Based Services. The software feature described below connects to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off this feature or not use it. For more information about this feature, see the software documentation. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.

Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based service available to you.

b. Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else's use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.

-

5. TIME-SENSITIVE SOFTWARE. If the version of the software is a trial version, the software will stop running either ninety days or one hundred eighty days after you install it, depending on the trial version you have. You will receive notice before it stops running. You may not be able to access data used with the software when it stops running.

 

 

 

6. PRODUCT KEYS. The software requires a key to install or access it. You are responsible for the use of keys assigned to you. You should not share the keys with third parties.

 

7. MICROSOFT WINDOWS SOFTWARE. The software contains the Microsoft .NET Framework 2.0 and Microsoft Data Access Component 2.8 SP1 software. These software are part of Windows. The license terms for Windows apply to your use of the .NET Framework 2.0 and Microsoft Data Access Component software.

 

8. SQL SERVER BENCHMARK TESTING. You must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the SQL Server software that accompanies this software.

 

9. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes the .NET Framework component of the Windows operating systems (".NET Component"). You may conduct internal benchmark testing of the .NET Component. You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date (s) that you conducted the benchmark tests, along with specific versio