READ THIS DOCUMENT CAREFULLY BEFORE USING SOFTWARE OBTAINED FROM MACINTERACT. This End-User License Agreement (“EULA”) is a legal agreement between YOU (either an individual or a single entity) and macinteract for the products macinteract distributes to the End User, which includes computer SOFTWARE (including programs, applications, add-ons, plug-ins, objects, shaders, textures, shaders, or any other form of media) and may also include printed materials, multimedia discs, and “online” or electronic documentation (collectively, “SOFTWARE”). By installing, copying, or otherwise using the SOFTWARE, YOU are agreeing to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, do not install, copy or otherwise use the SOFTWARE and promptly return the entire package to macinteract for a refund (less any applicable shipping and handling charges).
IF YOU LICENSED THIS SOFTWARE UNDER A VOLUME OR MULTI-SEAT LICENSE AGREEMENT, THEN THE TERMS OF SUCH AGREEMENT WILL SUPERSEDE THESE TERMS, AND THE TERMS HEREIN DO NOT CONSTITUTE THE GRANTING OF AN ADDITONAL LICENSE TO THE SOFTWARE.
The PRODUCT is licensed and distributed electronically through the macinteract web site, located at www.macinteract.com. For YOUR reference, YOU may print a copy of the EULA from this page now. YOU may also receive a copy of this EULA or ask any questions concerning this EULA by contacting macinteract via email or snail mail:
macinteract pty ltd
PO Box 47
Potts Point NSW 1335
a. macinteract, hereafter referred to as [m], grants YOU a limited, non-exclusive license to use the SOFTWARE YOU acquired at the macinteract store or website. All SOFTWARE distributed by [m] are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This copy of the SOFTWARE is licensed (not sold) to YOU for use only under the terms of this license. YOU own the disk or other media containing the SOFTWARE, but [m] and its suppliers retain all title and ownership of the SOFTWARE.
If YOU have acquired a “Single User Version” of the SOFTWARE, YOU must install and use the SOFTWARE only on a single computer at a time.
b. Except as provided above, YOU may not:
(I) Copy, modify or reproduce the SOFTWARE for any purpose. If the original media is required to use the SOFTWARE or if there is no original media, then YOU may make one copy of the SOFTWARE solely for backup or archival purposes. Except as expressly provided in this EULA, YOU may not otherwise make copies of the SOFTWARE or the printed materials accompanying the SOFTWARE.
(II) Distribute the SOFTWARE or any part thereof to anyone else, except that YOU may transfer the SOFTWARE (but only together with end user documentation and this EULA) on a permanent basis, in which case YOU must not keep any copies, and the person YOU transfer the SOFTWARE to must agree to the terms of this license. Such transfer may not be by way of consignment or any other indirect transfer. Subscription products are not transferable.
(III) Copy the user documentation, and YOU may not remove any proprietary notices or labels on or in the SOFTWARE. If the SOFTWARE is accompanied by Documentation in the electronic form, YOU may print out one (1) copy for which, in turn, may not be copied.
(IV) Rent or lease the SOFTWARE.
(V) Export or re-export, whether directly, or indirectly, the Software Product.
c. YOU must protect the confidentiality of the SOFTWARE, except to the extent that applicable law allows YOU to do so and does not permit YOU to agree otherwise.
2. UPGRADES AND UPDATES:
This license does not grant YOU any right to any enhancements or updates unless otherwise agreed to with [m] in writing.
Under no circumstances will the providing of updates be considered as permission for this program to reside on more than one computer at any time. YOU may, however, maintain a copy of the SOFTWARE previously licensed to YOU for archival purposes, and YOU may resume use of this SOFTWARE if YOU experience SOFTWARE errors or loss of data by YOUR use of the SOFTWARE and decide that YOU prefer using SOFTWARE that was previously licensed to YOU.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
a. Notwithstanding other sections of this EULA, YOU may not resell, or otherwise transfer for value, the SOFTWARE.
b. YOU may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c. This SOFTWARE may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation in the SOFTWARE). The SOFTWARE developer may also include an EULA with their product. In this case, YOU are only licensed to use one (1) copy of the SOFTWARE unless YOU acquired multiple licenses, in which case YOU are licensed to use only the quantity of licenses acquired.
d. [m] is not obligated to provide technical or other support (”Support Services”) for the SOFTWARE. We may elect to offer Support Services or refer YOU to the product developer. If [m] should provide YOU with Support Services, use of such Support Services is governed by the [m] policies and programs described on www.objectsonline.com or in other [m]-provided materials. Any supplemental SOFTWARE code provided to YOU as part of the Support Services shall be considered part of the SOFTWARE and subject to the same terms and conditions of this EULA. With respect to technical information YOU provide to [m] as part of the Support Services, [m] may use such information for its business purposes, including for product support and development. [m] will not utilize such technical information in a form that personally identifies YOU without your prior consent.
4. INTELLECTUAL PROPERTY RIGHTS:
This EULA does not grant YOU any rights in connection with any copyrights, trademarks or service marks of [m]. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the SOFTWARE), and any copies YOU are permitted to make herein are owned by [m] or its suppliers. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but may be accessed through use of the SOFTWARE, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants YOU no rights to use such content. All rights not expressly granted are reserved by [m].
Without prejudice to any other rights, this license will terminate automatically if YOU fail to comply with the terms and conditions described above. Upon termination of this license, YOU agree to destroy all copies of the SOFTWARE and all of its component parts in YOUR possession.
6. LIMITED WARRANTY:
MI warrants that the disks and or compressed files in which the SOFTWARE is supplied will be free of defects in material and workmanship under normal use and conditions for a period of thirty (30) days from the date YOU obtain it, as mentioned in YOUR receipt. No distributor, dealer or any other persons are authorized to expand or alter this warranty or this license. This warranty is limited to the original purchaser and is not transferable. [m] 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. YOU have full responsibility for selecting the SOFTWARE to achieve YOUR intended results, and for the installation, use and results obtained form the SOFTWARE. YOU also have the entire risk as to the quality and performance of the SOFTWARE. EXCEPT AS STATED ABOVE IN THIS SECTION, THE SOFTWARE IS PROVIDED “AS IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OR RESULTS, OF WORKMANLIKE CONDUCT, OF LACK OF VIRUSES, OF LACK OF NEGLIGENCE, OR OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
This warranty gives YOU specific legal rights, and YOU may also have other rights which vary from state to state, and country to country. Some states and countries do not allow the exclusion of implied warranties, so the above may not apply to YOU.
7. LIMITATION OF REMEDIES AND DAMAGES:
To the maximum extent permitted by applicable law, [m]‘s entire liability and YOUR exclusive remedy will be, at [m]‘s option, either the refund of the price paid or the replacement of any disk not meeting [m]‘s “Limited Warranty” above. IN NO EVENT WILL [m], ITS RESELLERS, ITS DISTRIBUTORS, OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF [m] OR ANY SUPPLIER, AND EVEN IF [m] OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or countries 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.
Notwithstanding any damages that YOU [m]ght incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), IN NO EVENT WILL [m]’S LIABILTY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. This liability shall exclude any shipping, handling, insurance or other incidental charges that cannot be recovered. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS EULA, DO NOT INSTALL THE SOFTWARE.
8. GOVERNING LAW:
If YOU acquired this SOFTWARE in Australia, this EULA is governed by the laws of the State of New South Wales. If this SOFTWARE was acquired outside Australia, then local law may apply. The Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of GMIds, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. YOU agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by YOU to comply with its terms.
9. ENTIRE AGREEMENT:
This Agreement between Customer and [m] (including any addendum or amendment to this EULA which is included with the SOFTWARE) is the entire Agreement between Customer and [m] relating in any way to the SOFTWARE product and the support services (if any). This Agreement supersedes any proposal or prior Agreement, oral or written and any other communication relating to the subject matter of the Agreement. No variation of the terms of this Agreement of different terms will be enforceable against [m] unless [m] gives its express consent, including an express waiver of the terms of this Agreement, signed in writing by an officer of [m]. To the extent the terms of any [m] policies, programs for support services, or secondary EULA supplied with SOFTWARE conflict with the terms of this EULA, the terms of this EULA shall control.