3D Graph Generator distribution permissions and end-user license agreement

This License agreement ("License") is a legal agreement between you (an individual, business, company or entity) and Swan Studios for the software product which includes the computer software, disks, associated media, printed materials, and on-line or electronic documentation ("Software"). By installing, copying or otherwise using the Software, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, promptly return the Software to the place from which you obtained it.

1. Grant of License

Swan Studios grants you a non-exclusive, transferable License to use the Software subject to the terms and conditions set out below. You acknowledge that the Software remains the property of Swan Studios in perpetuity.

1.1 Single

You may install and use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is in use in a computer when it is loaded into temporary memory (ie. RAM) or is installed into the permanent memory (eg. hard disk drive, CD Rom or other storage device) of that computer.

1.2 Enterprise

You may install and use the Software on the Specified Number of computers at the Site. The Specified Number means the number of computers specified on the purchase order or request you issue to Swan Studios or as specified in writing by Swan Studios. The Site is the area encompassing the Specified Number and may be spread across geographical locations. The Software is in use in a computer when it is loaded into temporary memory (ie. RAM) or is installed in the permanent memory (eg. hard disk drive, CD Rom or other storage device) of that computer.

2. Sample Code

You are granted a non-exclusive, royalty-free right to use and modify the files provided with the Software (the "Sample Code") for the sole purposes of designing, developing, and testing, provided that you (i) accept that the Sample Code is provided as is with no guarantee of suitability for any purpose what-so-ever; (ii) indemnify, hold harmless, and defend Swan Studios from and against any claims or lawsuits, including legal fees, that arise or result from the use of the Sample Code.

3. Intellectual Property Rights

Intellectual Property Rights mean copyright, trade mark, design, patent, semi-conductor or circuit layout rights. The title to and all Intellectual Property Rights in this Software are owned by Swan Studios. Australian copyright laws and international treaty provisions protect the Software. Therefore, you must treat the Software like any other copyright protected material except that you may either:

a. make one copy of the Software solely for backup or archival purposes; or
b. transfer the Software to a single hard disk provided you keep the original

solely for backup or archival purposes. With respect to those parts of the Software comprising printed or written materials (including but not limited to any images, photographs, animation, music, text and "applets") you may not copy such materials without first obtaining the written permission of Swan Studios.

4. Duration

This License commences immediately upon first installation of the demonstration version of the Software and will continue in effect after the Software is purchased and/or installed until terminated pursuant to this License.

5. Fees

License fees are subject to change at any time without notice. Payment is to be made prior to the delivery of the License.

6. Other Restrictions

You may not make any changes or modifications to the Software and may not decompile, disassemble or reverse engineer the Software without the written consent of Swan Studios. You may not lease, rent or otherwise make the Software available to any third party. You may permanently transfer your rights under this License, with the written consent of Swan Studios, provided that you transfer this License, the Software (including all prior versions and upgrades) and all accompanying material (media and written), you retain no copies and the recipient agrees to the terms of this License. You may receive the Software in more than one medium or you may receive varying media with each upgrade.

7. Termination

Without prejudice to any rights it may have, Swan Studios may terminate this License if you fail to comply with its terms and conditions. In such event, you must return to Swan Studios or destroy all copies of the Software.

8. No Warranties

No warranties are expressed or implied in relation to the Software including as to merchantability and suitability for a particular purchase, except to the extent implied by law. No responsibility will be assumed by Swan Studios for any loss, damage or injury arising from the supply, installation or use of the Software.

9. Disposal

If you decide to cease using the Software, you must return all copies to Swan Studios or destroy all copies.

10. Upgrades

The terms and conditions of this License apply to any upgrades or new versions of the Software. Once you have installed an upgraded or new version of the Software, all prior versions must be returned to Swan Studios or destroyed except solely for backup or archival purposes.

11. Beta Releases

If this Software is in the development stage (ie. a Beta Version) then you may preview the Software for a period specified by Swan Studios in accordance with this License. You are required to provide feedback promptly on any problems encountered. You may not disclose the features or capabilities (or lack thereof) of this Software to any others. You may not use the Software for operational purposes, except to the extent that you are previewing or testing the Software.

12. Demonstration Releases

If this Software is used in a demonstration mode, then you may evaluate the Software in accordance with this License for a period of thirty (30) days from the date of installation (the Demonstration Period). You may not use the Software after the Demonstration Period has expired unless you register with Swan Studios and purchase the Software in accordance with the terms of this License.

13. Applicable Law

The laws of the State of Queensland, Australia, govern this License. Should you have any queries concerning this License, please contact Swan Studios at http://www.3dgraphgenerator.com or info@3dgraphgenerator.com

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