VRMars-Spirit - The Red Planet Mars 3D distribution permissions and end-user license agreement
SCITERIAN DEMONSTRATION SOFTWARE LICENSE AGREEMENT
(THIS DEMO IS FREE TO TRY)
NOTICE TO USER: IT IS IMPORTANT THAT YOU READ THIS DOCUMENT BEFORE USING THE ENCLOSED SCITERIAN TECHNOLOGIES SOFTWARE (CALLED THEREAFTER THE "SOFTWARE"). BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS IS A LEGAL DOCUMENT BETWEEN YOU (THE "USER") AND SCITERIAN TECHNOLOGIES ("SCITERIAN"). YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
Intellectual property related to the Software is owned by SCITERIAN. SCITERIAN permits you to Use the Software only in accordance with the terms of this Agreement.
"Software" means all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to SCITERIAN or third party computer information or software, including the VRPresents™ Player.
"Sciterian" means Sciterian Technologies, Daniel Onyszczuk, ul. Pamiatkowa 12, 66-300 Miedzyrzecz, Poland. In the case when Sciterian Technologies doesn`t exist any more or in any other cases "Sciterian" means Daniel Onyszczuk, ul. Marcinkowskiego 13, 66-300 Miedzyrzecz.
"Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
"Demonstration" means free limited version of the Software that is identical to one of the official demonstrations issued by Sciterian available currently on Sciterian`s websites.
License Grant: SCITERIAN grants User a non-exclusive, non-transferable, limited license to use the Software with compatible equipment.
Copying: This software is licensed for use on a single computer in a single location. Any copying of the Software is prohibited unless it is a current Sciterian`s official Demonstration.
No Modification: You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
Other Restrictions: User may not loan, lease, distribute or transfer the Software or copies thereof. Distribution and copying is allowed only in the time when the Software means a current Sciterian`s official Demonstration. Check Sciterian`s websites for more information.
Title: Title to the Software is not transferred to User. Ownership of the enclosed copy of the Software and of copies made by User is vested in SCITERIAN, subject to the rights granted to User in this Agreement.
NO WARRANTY: Sciterian provides no warranty and technical support for the Software.
WARRANTY DISCLAIMER: EXCEPT AS EXPRESSLY STATED HEREIN, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE. The performance of the Software varies with various manufacturers` equipment with which it is used. SCITERIAN does not warrant that the Software or the functions contained in the Software will meet User`s requirements, operate without interruption or be error free. IN NO EVENT WILL SCITERIAN OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR LOST SAVINGS, CLAIMS OR COSTS OR ANY OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SOFTWARE LICENSED THEREUNDER, EVEN IF SCITERIAN HAS BEEN ADVISED OF PRIOR POSSIBILITY OF SUCH LOSS, CLAIMS, COSTS OR DAMAGES.
INDEMNITY: You agree to hold Sciterian and any applicable CD Service Provider (except as expressly provided in its Issuer Statement) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any CD Service, including, without limitation (a) reliance on an expired or revoked certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any applicable Issuer Statement, this Agreement or applicable law; (d) failure to exercise reasonable judgment under the circumstances in relying on the CD Services or (e) failure to perform any of the obligations as required in an applicable Issuer Statement.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES WILL SCITERIAN OR ANY CD SERVICE PROVIDER (except as expressly provided in its Issuer Statement) BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
TRANSFER: You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user`s Computer.
Terms and Limitation: User may terminate this Agreement by ceasing all use of the Software and destroying all copies thereof. SCITERIAN may terminate this Agreement if User commits a material breach hereof. Upon any termination of this Agreement, User shall cease all use of the Software, destroy all copies thereof then in its possession and take such other actions as SCITERIAN may reasonably request to ensure that no copies of the Software remain in its possession.
Effect of Agreement: This Agreement embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement, oral or written, relating to, the Software.
Governing Law: This Agreement shall be governed by and construed under the laws of Poland.
General Provisions: Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
Some of the images and articles could be used in the Software thanks to the following entities:
NASA / JPL-Caltech (Jet Propulsion Laboratory) / Cornell / MSSS (Malin Space Science Systems) / USGS (US Geological Survey) / OSU (Ohio State University) / NMMNHS (New Mexico Museum of Natural History and Science) / ASU / University of Mainz / Max-Planck-Institute of Chemistry / Ames / University of Tennessee.
INFORMATION ON COMPONENTS USED IN THE SOFTWARE
Indy Modified BSD License
Portions of this software are Copyright (c) 1993 - 2001, Chad Z. Hower (Kudzu) and the Indy Pit Crew - http://www.nevrona.com/Indy/
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, about box and/or other materials provided with the distribution.
No personal names or organizations names associated with the Indy project may be used to endorse or promote products derived from this software without specific prior written permission of the specific individual or organization.
THIS SOFTWARE IS PROVIDED BY Chad Z. Hower (Kudzu) and the Indy Pit Crew "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 REGENTS 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.
Sciterian Technologies grants permission to copy and distribute this limited version of the software free of charge.