Copyright: Viscape 5.02, © 1997 Superscape Ltd. All rights reserved.


Superscape® End User Software License Agreement for Viscape™

YOU MAY FREELY DISTRIBUTE AND USE THIS SOFTWARE, UNLESS YOU INTEND TO DISTRIBUTE IT FOR PROFIT OR COMMERCIAL GAIN, IN WHICH CASE YOU MUST EXECUTE A SEPARATE LICENSE AGREEMENT WITH SUPERSCAPE. FOR DETAILS CONTACT INFO@SUPERSCAPE.COM.

THE LATEST VERSION OF VISCAPE IS OBTAINABLE FROM SUPERSCAPE’S WEB SITE AT http://www.superscape.com/

1.  DEFINITIONS

The Viscape Software is provided to you in binary form (the “Software”) subject to Superscape’s copyright and other intellectual property rights.

2. OWNERSHIP, COPYRIGHT & TRADEMARKS

The Software is owned by Superscape or its suppliers and is protected by United States and other country copyright laws and by international treaty provisions.  The Software has been developed by Superscape which has offices at: 3945 Freedom Circle, Suite 1050, Santa Clara, CA 95054, USA; and Cromwell House, Bartley Wood Business Park, Hook, Basingstoke, Hants, RG27 9XA, UK

“Superscape,” the Superscape logo, “Viscape”, “Visualiser™” , “VRT™”, “VWWW™”, “SVR™”, “3D Webmaster™”  and “Do 3D™” are the trademarks, and in some jurisdictions may be registered trademarks, of Superscape VR plc or its affiliates.

3.  LICENSE GRANT AND NOTICES

Superscape hereby grants you a non-exclusive license to distribute and use the Software without payment to Superscape under the terms and conditions expressly set forth in this Agreement; UNLESS you intend to distribute it for profit or commercial gain, in which case you must execute a separate license agreement with Superscape.  For details contact info@superscape.com.

This Agreement imposes certain restrictions on your use and redistribution of the Software.

You may:

•	Install the Software on any computer, for personal use;

•	Make copies of the Software for back-up purposes. You must include on the back-up copies all copyright and other notices included on the Software;

•	Make copies of the Software for distribution on physical media, or via download from a Web site, provided that:

•	you use the most recent version of the Software, available from the Superscape Web site;

•	the Software is made available for distribution as a file identical to that available for download from the Superscape Web site, including all copyright and other notices included on the Software, and including this Software License;

•	you distribute the Software free of charge

You may not:

•	Permit other individuals to use the Software except under the terms listed above;

•	Use the Software to create applications or content in which the proprietary notices or trademarks of Superscape VR plc that are already present in any Superscape software are removed, obscured or prevented from being displayed;

You acknowledge and agree that:

•	The structure, sequence, organization and source code of the Software are valuable trade secrets of Superscape or its authorized licensor(s);

•	You will not decompile, disassemble, or reverse engineer the Software, or modify the Software in any way, except to the extent that the foregoing restriction is expressly prohibited by applicable law;

•	The export of the Software may be restricted by the export control laws of the United States of America and other countries. You agree to comply with all such export control laws.

•	Title and related rights in the content accessed through the Software are the property of the applicable content owner and may be protected by applicable law. This Agreement gives you no rights to such content.

•	Upon any violation of any of the provisions of this Agreement, all rights granted to you under this agreement shall automatically terminate and you shall be obligated to return to Superscape or destroy all copies of the Software.

4.  RESTRICTED RIGHTS.

US GOVERNMENT RESTRICTED RIGHTS.  Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to Superscape's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement.

5.  DISCLAIMER OF WARRANTY

SUPERSCAPE PROVIDES THE SOFTWARE TO YOU "AS IS".  SUPERSCAPE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SOFTWARE, EITHER EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). NEITHER SUPERSCAPE NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF USING OR DISTRIBUTING THE SOFTWARE.

6.  LIMITATION OF LIABILITY

IN NO EVENT SHALL SUPERSCAPE OR ITS SUPPLIERS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST REVENUES OR PROFITS, LOSS OF INFORMATION OR DATA OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING WITH RESPECT TO THE DISTRIBUTION OR USE OF THE SOFTWARE OR ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This provision shall survive the expiration or termination of this Agreement.

7.  MISCELLANEOUS

This Agreement is made under, and shall be governed by and construed in accordance with, the laws of the State of California, U.S.A., without reference to conflict of laws principles.  By using or copying this Software, you agree to abide by the intellectual property laws and all other applicable laws of the U.S. (including without limitation the export laws of the United States) and the terms of this license.  The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Copyright (c) 1998, Superscape Limited.