Kribi 3D
Player
Software
End User
License
Agreement
This
license
agreement
("LICENSE
AGREEMENT")
is a
legal
agreement
between
you
("LICENSEE"
or
"YOU"),
either
an
individual
or a
single
entity
and
Inartis
SA., a
Swiss
Company,
Rue du
Martinet
28, 1000
Lausanne
16,
Switzerland
and its
suppliers
and
licensors
(collectively
“INARTIS"),
for the
software
delivered
electronically
or on
physical
media
with
which
this
LICENSE
AGREEMENT
is
provided,
which
may
include
INARTIS
KRIBI 3D
PLAYER,
the
associated
media,
printed
materials,
and
"on-line"
or
electronic
documentation,
upgrades,
modified
versions
and
updates
provided
to YOU
by
INARTIS
at any
time
(collectively
“SOFTWARE”)
By
downloading,
installing,
using
("USE"
or
"USING")
or
otherwise
benefit
from
using
the
functionality
of the
SOFTWARE
identified
above
and/or
its
related
materials,
YOU
AGREE
THAT
YOUR USE
OF THE
SOFTWARE
ACKNOWLEDGES
THAT YOU
HAVE
READ
THIS
LICENSE
AGREEMENT,
UNDERSTAND
IT, AND
AGREE TO
BE BOUND
BY ITS
TERMS
AND
CONDITIONS.
IF YOU
DO NOT
AGREE TO
THE
TERMS OF
THIS
LICENSE
AGREEMENT,
DO NOT
INSTALL
AND USE
THE
SOFTWARE.
Any
earlier
LICENCE
AGREEMENT
we may
have
granted
to YOU
for the
use of
earlier
versions
of the
SOFTWARE
is
replaced
by this
LICENSE
AGREEMENT.
GRANT OF
LICENSE
INARTIS
hereby
grants
to YOU,
and YOU
accept,
a
non–exclusive,
non–transferable
license
to
install,
copy,
and use
the
SOFTWARE
on your
compatible
computer
only as
authorized
in this
LICENSE
AGREEMENT.
YOU are
not
allowed
to use,
copy,
modify,
or merge
copies
of the
SOFTWARE
or any
accompanying
materials
except
as
permitted
in this
LICENSE
AGREEMENT.
LICENSE
RESTRICTIONS
This
LICENSE
AGREEMENT
does not
permit
YOU to
install
or use
the
software
on a
computer
file
server
or
network,
including
but not
limited
to use
of the
SOFTWARE
either
directly
or
through
commands,
data or
instructions
from or
to
another
computer
or for
internal
network,
internet
or web
hosting
services.
YOU may
not
modify,
adapt,
translate,
integrate
or
create
derivative
works
based
upon the
SOFTWARE
or its
documentation.
YOU are
not
allowed
to
reverse
engineer
or to
disassemble,
decompile
or
"unlock",
decode
or
otherwise
reverse
translate
or
attempt
in any
manner
to
reconstruct
or
discover
any
source
code or
underlying
algorithms
of
SOFTWARE
provided
in
object
code
form
only.
YOU may
not
alter or
modify
the
SOFTWARE
or
create a
new
installer
for the
SOFTWARE.
This
license
does not
grant
YOU the
right to
sublicense
or
distribute
the
SOFTWARE
and does
not
grant
YOU the
right to
integrate
or use
the
SOFTWARE
with any
other
software,
plug-in
or
enhancement
that
uses or
in
object
forms as
part of
your
solution.
Under no
circumstance
shall
YOU
grant
further
redistribution
rights
to the
end-users
of your
solution.
For
information
about
obtaining
the
right to
distribute
the
SOFTWARE
on
tangible
media or
through
an
internal
network
or with
your
product
or
service
please
contact
INARTIS.
The
SOFTWARE
may
include
certain
plug-in
components
(“PLUG-INS”),
including
the
ActiveX
Control.
You may
only
call to
or
otherwise
use such
PLUG-INS
through
the use
of the
INARTIS
approved
plug-ins
applications.
Any
direct
use of
PLUG-INS
through
a non
approved
INARTIS
application,
including
a custom
or
user-written
application
is
prohibited
by this
LICENSE
AGREEMENT.
Please
refer to
the
INARTIS
website
for
information
about
INARTIS
approved
applications.
The
SOFTWARE
allow
YOU
automatically
and
anonymously
communicates
with
INARTIS
website
to
verify
that YOU
use an
approved
INARTIS
applications.
The
SOFTWARE
embodies
an
automatic
verification
management
system
communicates
with
INARTIS
website
to allow
YOU to
verify
at any
time
anonymously
that YOU
use an
approved
INARTIS
applications.
You may
not
circumvent
or
attempt
to
circumvent
this
system
by any
means.
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
except
as may
be
expressly
permitted
by this
LICENSE
AGREEMENT.
YOU may,
however,
transfer
all your
rights
to use
the
SOFTWARE
to
another
person
or legal
entity
provided
that:
YOU also
transfer
this
LICENSE
AGREEMENT,
and the
SOFTWARE,
including
all
copies,
updates
and
prior
versions,
to such
person
or
entity,
YOU
retain
no
copies,
including
backups
and
copies
stored
on a
Computer,
and the
receiving
party
accepts
the
terms
and
conditions
of this
LICENSE
AGREEMENT
and any
other
terms
and
conditions
upon
which
YOU
obtained
a valid
license
to the
SOFTWARE.
The
SOFTWARE
may
contain
features
or
functionalities
that are
hidden
or
appear
disabled
(collectively
“DISABLED
FEATURES”).
DISABLED
FEATURES
will
activate
only
using
enabling
technology
available
only
from
INARTIS.
You will
not
access,
or
attempt
to
access,
any
DISABLED
FEATURES
other
than
through
the use
of such
enabling
technologies,
nor will
you rely
on the
SOFTWARE
to
create a
feature
substantially
similar
to any
DISABLED
FEATURE
or
otherwise
circumvent
the
technology
that
controls
activation
of any
such
feature.
COPYRIGHT
The
SOFTWARE
and any
authorized
copies
that you
make are
the
intellectual
property
of
INARTIS
and its
suppliers.
The
structure,
organization
and code
of the
SOFTWARE
are the
valuable
trade
secrets
and
confidential
information
of
INARTIS
and its
suppliers.
The
SOFTWARE
is
protected
by law,
including
without
limitation
the
copyright
laws of
the
European
Community
and
other
countries,
and by
international
treaty
provisions.
Except
as
expressly
stated
herein,
this
LICENSE
AGREEMENT
does not
grant
YOU any
intellectual
property
rights
in the
SOFTWARE
and all
rights
not
expressly
granted
are
reserved
by
INARTIS
and its
suppliers.
All
title
and
copyrights
in and
to the
SOFTWARE
(including
but not
limited
to any
images,
photographs,
animations,
video,
audio,
music,
text,
files,
models,
incorporated
into the
SOFTWARE),
the
accompanying
printed
materials,
and any
copies
of the
SOFTWARE,
and any
trademarks
or
service
marks of
INARTIS
are
owned by
INARTIS
or its
licensors
unless
explicitly
stated
otherwise.
All
title
and
intellectual
property
rights
in and
to the
content
that may
be
accessed
through
use of
the
SOFTWARE
including
the
content
contained
in the
SOFTWARE
media
demonstration
files is
the
property
of the
respective
content
owner
and may
be
protected
by
applicable
copyright
or other
intellectual
property
laws and
treaties.
This
LICENSE
AGREEMENT
grants
YOU no
rights
to use
such
content.
LIMITED
WARRANTY
THE
SOFTWARE
AND
DOCUMENTATION
ARE
PROVIDED
“AS IS”
WITHOUT
WARRANTY
OF ANY
KIND and
INARTIS
and its
suppliers
do not
warrant
the use,
performance
or
results
YOU may
obtain
by USING
the
SOFTWARE
will be
uninterrupted
or error
free at
all
times
and in
all
circumstances,
nor that
program
errors
will be
corrected.
TO THE
MAXIMUM
EXTENT
PERMITTED
BY
APPLICABLE
LAW
INARTIS
AND ITS
SUPPLIERS
MAKE NO
WARRANTIES
CONDITIONS,
REPRESENTATIONS,
OR TERMS
(EXPRESS
OR
IMPLIED
WHETHER
BY
STATUTE,
COMMON
LAW,
CUSTOM,
USAGE OR
OTHERWISE)
AS TO
ANY
MATTER
INCLUDING
WITHOUT
LIMITATION
NON-INFRINGEMENT
OF THIRD
PARTY
RIGHTS,
MERCHANTABILITY,
INTEGRATION,
SATISFACTORY
QUALITY,
OR
FITNESS
FOR ANY
PARTICULAR
PURPOSE.
THE
ENTIRE
RISK
ARISING
OUT OF
THE USE
OR
PERFORMANCE
OF THE
SOFTWARE
AND
DOCUMENTATION
REMAINS
WITH
YOU.
INARTIS
PROVIDES
NO
TECHNICAL
SUPPORT
LIMITATION
OF
LIABILITY
TO THE
MAXIMUM
EXTENT
PERMITTED
BY
APPLICABLE
LAW, IN
NO EVENT
SHALL
INARTIS
OR ITS
SUPPLIERS
OR
RESELLERS
BE
LIABLE
TO YOU
OR ANY
OTHER
PERSON
FOR ANY
INDIRECT,
SPECIAL,
PUNITIVE,
INCIDENTAL,
OR
CONSEQUENTIAL
DAMAGES
ARISING
OUT OF
THE USE
OF OR
INABILITY
TO USE
THE
SOFTWARE
AND ITS
DOCUMENTATION,
INCLUDING,
WITHOUT
LIMITATION,
DAMAGES
FOR LOSS
OF
GOODWILL,
WORK
STOPPAGE,
COMPUTER
FAILURE
OR
MALFUNCTION,
OR ANY
AND ALL
OTHER
COMMERCIAL
DAMAGES
OR
LOSSES,
EVEN IF
INARTIS
SHALL
HAVE
BEEN
INFORMED
OF THE
POSSIBILITY
OF SUCH
DAMAGES,
LOSS OR
FOR ANY
CLAIM BY
ANY
OTHER
PARTY.
INARTIS
AGGREGATE
LIABILITY
AND THAT
OF ITS
SUPPLIERS
UNDER OR
IN
CONNECTION
WITH
THIS
LICENSE
AGREEMENT
SHALL BE
LIMITED
TO THE
AMOUNT
PAID FOR
THE
SOFTWARE,
IF ANY.
INARTIS
is
acting
on
behalf
of its
suppliers
for the
purpose
of
disclaiming,
excluding
and/or
limiting
obligations,
warranties
and
liability
as
provided
in this
LICENSE
AGREEMENT,
but in
no other
respects
and for
no other
purpose.
The
SOFTWARE
may
allow
you to
access
and
interoperate
with
third
party
websites,
software
applications,
and data
services,
including
rich
internet
applications
and/or
any
material
linked
through
such
content
(collectively
“THIRD
PARTY
OFFERINGS”).
Your
access
to and
use of
any
THIRD
PARTY
OFFERING,
including
any
goods,
services
or
information,
available
from
such
sites,
is
governed
by the
terms
and
conditions
respecting
such
offerings,
if any.
THIRD
PARTY
OFFERINGS
ARE NOT
OWNED OR
PROVIDED
BY
INARTIS
AND YOUR
USE OF
THIRD
PARTY
OFFERINGS
IS AT
YOUR OWN
RISK.
INARTIS
MAKES NO
WARRANTIES,
CONDITIONS,
INDEMNITIES,
REPRESENTATIONS
OR
TERMS,
EXPRESS
OR
IMPLIED,
WHETHER
BY
STATUTE,
COMMON
LAW,
CUSTOM,
USAGE OR
OTHERWISE
AS TO
ANY
OTHER
MATTERS,
INCLUDING
BUT NOT
LIMITED
TO
NON-INFRINGEMENT
OF THIRD
PARTY
RIGHTS,
TITLE,
INTEGRATION,
ACCURACY,
SECURITY,
AVAILABILITY,
SATISFACTORY
QUALITY,
MERCHANTABILITY
OR
FITNESS
FOR ANY
PARTICULAR
PURPOSE
WITH
RESPECT
TO THE
THIRD
PARTY
SITES.
YOU
agree
that by
USING an
Update
the
SOFWARE,
YOU
voluntarily
terminate
your
right to
use any
previous
version
of the
SOFTWARE;
and you
acknowledge
that any
obligation
of
INARTIS
may have
to
support
the
previous
versions
of the
SOFTWARE
may be
ended
upon
availability
of the
Update.
CONNECTIVITY
AND
PRIVACY
The
SOFTWARE
consists
of
interactive
Internet
applications
which
perform
a
variety
of
communications
over the
Internet
as part
of their
normal
operation.
A number
of
communications
features
are
automatic
and are
enabled
by
default
(for
example,
automatic
comparison
with
code on
the
INARTIS
website
enabling
automatic
updating
of
SOFTWARE).
Such
automatic
communications
features
do not
send any
personally
identifiable
information
about
you
without
your
consent.
By
installing
and/or
using
the
SOFTWARE,
YOU
consent
to the
SOFTWARE’s
communications
features.
YOU are
responsible
for any
telecommunications
or other
connectivity
charges
incurred
through
your use
of the
SOFTWARE.
The
contents
downloaded
by the
SOFTWARE
may
include
third
party
digital
right
management
(“DRMS”)
which
are
subject
to their
own
license
agreements.
DRM’s
are
designed
to
manage
and
enforce
intellectual
property
rights
in
digital
content
downloaded
over the
Internet.
YOU may
not take
any
action
to
circumvent
or
defeat
the
security
or
content
usage
rules
provided
or
enforced
by
either
the DRM
or the
SOFTWARE.
DRM’s
may be
able to
revoke
your
ability
to use
applicable
content.
INARTIS
is not
responsible
for the
operation
of the
DRM in
any way,
including
revocation
of your
content.
GENERAL
PROVISIONS
If any
part of
this
LICENSE
AGREEMENT
is found
void and
unenforceable,
it will
not
affect
the
validity
of the
balance
of this
LICENSE
AGREEMENT,
which
shall
remain
valid
and
enforceable
according
to its
terms.
This
LICENSE
AGREEMENT
shall
not
prejudice
the
statutory
rights
of any
party
dealing
as a
consumer.
This
LICENSE
AGREEMENT
may only
be
modified
by a
writing
signed
by an
authorized
officer
of
INARTIS.
Updates
may be
licensed
to you
by
INARTIS
with
additional
or
different
terms.
This is
the
entire
agreement
between
INARTIS
and YOU
relating
to the
SOFTWARE
and it
supersedes
any
prior
representations,
discussions,
undertakings,
communications
or
advertising
relating
to the
SOFTWARE.
If YOU
are a
business
or
organization,
YOU
agree
that
upon
request
from
INARTIS
or
INARTIS’s
authorized
representative,
YOU will
within
thirty
(30)
days
fully
document
and
certify
that USE
of any
and all
SOFTWARE
at the
time of
the
request
is in
conformity
with
your
valid
licenses
from
INARTIS.
TERMINATION
This
LICENSE
AGREEMENT
shall
last as
long as
you USE
the
SOFTWARE
in
compliance
with
this
LICENSE
AGREEMENT.
INARTIS
may
terminate
this
LICENSE
AGREEMENT
if you
fail to
comply
with any
of the
terms
and
conditions
herein.
In such
event
YOU
agree to
remove
and
destroy
all
copies
of the
SOFTWARE.
INARTIS
TELERIK
reserves
the
right to
discontinue
at any
time any
SOFTWARE
product.
GOVERNING
LAW
This
LICENSE
AGREEMENT
will be
governed
by and
construed
in
accordance
with the
substantive
laws of
the
state of
Switerlan.
Any
dispute
will be
heard in
the
appropriate
state
court
located
in
Lausanne,
Switzerland.
This
LICENSE
AGREEMENT
will not
be
governed
by the
conflict
of law
rules of
any
jurisdiction
or the
United
Nations
Convention
on
Contracts
for the
International
Sale of
Goods,
the
application
of which
is
expressly
excluded.
Inartis,
Kribi
3D, OMF
are
either
trademark
and
registered
trademarks
of
Inartis
SA. in
the EEC
and/or
other
countries.
Copyright
© 2012
Inartis
SA. |
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