Topicgrazer 1.0

EULA - End User License Agreement

END USER LICENSE TERMS
1. Definitions.
"Mark" means "Topicgrazer";
"Software" means the software called "Topicgrazer", and where the context requires shall include explanatory materials relating to the Software and Upgrades;
"Terms" means the terms and conditions contained herein;
"Upgrades" means upgrades, modified versions, updates and additions to the Software, if any, licensed to you by 3D-Scape;
"Use" or "Using" means to access, install, download, copy the Software or otherwise benefit from it;
"User" means a person who Uses the Software; and
"3-D Scape" means 3D-Scape Limited, a company incorporated under the laws of Hong Kong.
2. Software License. As long as you comply with these Terms, 3-D Scape grants to you a non-exclusive license to Use the Software.
2.1 Use. You may Use one copy of the Software on a computer system.
2.2 Backup copy. You may make one backup copy of the Software, provided it is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software under Section 4.
3. Intellectual Property Rights. The Software and any copies that you are authorized by 3-D Scape to make are the intellectual property of and are owned by or licensed to 3-D Scape. The Software is protected by copyright including without limitation the Copyright Ordinance under the laws of Hong Kong, international treaty provisions and applicable laws in the jurisdictions in which it is used. You agree not to copy the Software, except as set forth in Section 2; not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software; and not to modify, adapt or translate the Software. Any information supplied by 3-D Scape or obtained by you, as permitted hereunder, may not be disclosed to any 3rd party or used to create any software which is similar to the Software. The intellectual property rights of the Mark belongs to or is licensed to 3-D Scape and cannot be used by the User except for identifying the Software.
4. Transfer. You may not rent, lease, sublicense or authorize all or any portion of the Software to be copied unless expressly permitted herein. You may, however, transfer all your rights to use the Software to another person or legal entity provided that (a) you also transfer these Terms, the Software and all other software bundled or pre-installed with the Software, including all copies; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts these Terms and all other terms and conditions upon which you legally purchased a license to the Software.
5. Disclaimer.
To the extent permitted by applicable laws, 3-D Scape:
5.1 disclaims all warranties with respect to the Software, either express or implied, including but not limited to any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result;
5.2 makes no warranty that the Software is error free or that its use will be uninterrupted and the User acknowledges and agrees that the existence of such errors shall not constitute a breach of these Terms;
5.3 does not give any warranty in respect of third party components or products incorporated in the Software.
6. Liability.
6.1 Save in respect of claims for death or personal injury arising from 3-D Scape's negligence, 3-D Scape's liability to the User under these Terms or for any cause whatsoever will be for direct costs and damages only and will be limited to the price paid by the User for the Software that is subject to the User's claim.
6.2 Under no circumstance shall 3-D Scape be liable for any damages resulting from loss of data or use, lost profits, loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of any act or omission of 3-D Scape whether such damages were reasonably foreseeable or actually foreseen.
7. Trial Basis. If you are Using the Software on a trial basis, then you shall have a license to Use the Software for 30 days (the "Trial Period") from the date you install it, solely for the purpose of evaluating the Software to determine whether to purchase an ongoing license to the Software. At the end of the Trial Period, the Software will stop working. During the Trial Period, the Software is provided to you "as is" and your Use is entirely at your own risk.
8. General Provisions. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of these Terms, which shall remain valid and enforceable according to its terms. Upgrades may be licensed to you by 3-D Scape with additional or different terms. These Terms govern all aspects of the license relating to the Software and supercede any prior representations, undertakings, communications or advertising relating to the Software.
9. Governing laws. These Terms are governed by the laws of Hong Kong and the User submits to the non-exclusive jurisdiction of the Hong Kong courts.
10. U S Government End Users. The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.