Software License and Limited Warranty
PLEASE READ CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY
INSTALLING THIS SOFTWARE, YOUAGREE TO BECOME BOUND BY THE
TERMS OF THIS LICENSE. IFYOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, RETURN THIS PACKAGE TO THE PLACE WHEREYOU OBTAINED
IT WITHIN 15 DAYS FOR A FULL REFUND.
1. Grant of License
The enclosed computer program(s) (the “Software”) is licensed, not sold, to you by
NewTek for use only under the terms of this License, and NewTek reserves any rights
not expressly granted to you.You own the disk(s) on which the Software is recorded or
fixed, but the Software is owned by NewTek or its suppliers and is protected by United
States copyright laws and international treaty provisions.
The copyright restrictions of this license extend to any further updates, software
patches, or bug fixes made available to you by Newtek, whether distributed by floppy
disc, CD ROM, or in an electronic format via BBS, ftp, e-mail, etc.
This License allows you to use one copy of the Software on a single computer at a
time. To “use” the Software means that the Software is either loaded in the temporary
memory (i.e., RAM) of a computer, or installed on the permanent memory of a
computer (i.e., hard disk, CD ROM, etc.).
You may use at one time as many copies of the Software as you have licenses for. You
may install the Software on a common storage device shared by multiple computers,
provided that if you have more computers having access to the common storage device
than the number of licensed copies of the Software, you must have some software
mechanism which locks out any concurrent user in excess of the number of licensed
copies of the Software (an additional license is not needed for the one copy of Software
stored on the common storage device accessed by multiple computers).
You may make one copy of the Software in machine readable form solely for backup
purposes. The Software is protected by copyright law. As an express condition of this
License, you must reproduce on the backup copy the NewTek copyright notice in the
following format “© 1998 NewTek”
You may permanently transfer all your rights under this License to another party by
providing such party all copies of the Software licensed under this License together
with a copy of this License and all written materials accompanying the Software,
provided that the other party reads and agrees to accept the terms and conditions of this
License.
2. Restrictions
The Software contains trade secrets in its human perceivable form and, to protect them,
YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE,
OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE
FORM.YOU MAY NOT MODIFY,ADAPT, TRANSLATE, RENT, LEASE, LOAN,
RESELL FOR PROFIT, OR CREATE DERIVATIVE WORKS BASED UPON THE
SOFTWARE OR ANY PART THEREOF.
3. Termination
This License is effective until terminated. This License will terminate immediately
without notice from NewTek or judicial resolution if you fail to comply with any
provision of this License. Upon such termination you must destroy the Software, all
accompanying written materials and all copies thereof.You may also terminate this
License at any time by destroying the Software, all accompanying written materials
and all copies thereof.
4. Export Law Assurances
You agree that neither the Software nor any direct product thereof is being or will be
shipped, transferred or re-exported, directly or indirectly, into any country prohibited
by the United States Export Administration Act and the regulations thereunder or will
be used for any purpose prohibited by the Act.
5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages.
YOUACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR
REQUIREMENTS OR BE FREE FROM DEFECTS. NEWTEK WARRANTS THE
MEDIA ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM
DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR
90 DAYS FROM PURCHASE, BUT THE SOFTWARE ANDACCOMPANYING
WRITTEN MATERIALS ARE LICENSED “AS IS.” ALL IMPLIED WARRANTIES
AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE
DISCLAIMED AS TO THE SOFTWARE AND ACCOMPANYING WRITTEN
MATERIALS AND LIMITED TO 90 DAYS AS TO THE MEDIA. YOUR
EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE
REPLACEMENT OF THE MEDIA OR REFUND OF THE PURCHASE PRICE. IN
NO EVENT WILL NEWTEK OR ITS DEVELOPERS, DIRECTORS, OFFICERS,
EMPLOYEES OR AFFILIATES BE LIABLE TOYOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER
FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN
MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF
NEWTEK OR AN AUTHORIZED NEWTEK REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitations will not apply in case of personal injury only where and to the
extent that applicable law requires such liability. Because some jurisdictions do not
allow the exclusion or limitation of implied warranties or liability for consequential or
incidental damages, the above limitations may not apply to you.
6. General
This License will be construed under the laws of the State of Texas, except for that
body of law dealing with conflicts of law. If any provision of this License shall be held
by a court of competent jurisdiction to be contrary to law, that provision will be
enforced to the maximum extent permissible, and the remaining provisions of this
License will remain in full force and effect. If you are a US Government end-user, this
License of the Software conveys only “RESTRICTED RIGHTS,” and its use,
disclosure, and duplication are subject to Federal Acquisition Regulations, 52.227-7013
(c)(1)(ii). (See the US Government Restricted provision below.)
7. Trademarks
LightWave 3D and LightWave are trademarks of NewTek. All other brand names,
product names, or trademarks belong to their respective holders.
8. US Government Restricted Provision
If this Software was acquired by or on behalf of a unit or agency of the United States
Government this provision applies. This Software:
(a) Was developed at private expense, and no part of it was developed with government
funds,
(b) Is a trade secret of NewTek for all purposes of the Freedom of Information Act,
(c) Is “commercial computer software” subject to limited utilization as provided in the
contract between the vendor and the government entity, and
(d) In all respects is proprietary data belonging solely to NewTek.
For units of the Department of Defense (DoD), this Software is sold only with
“Restricted Rights” as that term is defined in the DoD Supplement to the Federal
Acquisition Regulations, 52.227-7013 (c) (1) (ii).
Use, duplication or disclosure is subject to restrictions as set forth in subdivision (c) (l)
(ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013.
Manufacturer: NewTek, 8200 IH-10 West, Suite 900, San Antonio, TX 78230.
If this Software was acquired under a GSA Schedule, the US Government has agreed
to refrain from changing or removing any insignia or lettering from the software or the
accompanying written materials that are provided or from producing copies of manuals
or disks (except one copy for backup purposes) and:
(e) Title to and ownership of this Software and documentation and any reproductions
thereof shall remain with NewTek,
(f) Use of this Software and documentation shall be limited to the facility for which it
is required, and,
(g) If use of the Software is discontinued to the installation specified in the
purchase/delivery order and the US Government desires to use it at another location, it
may do so by giving prior written notice to NewTek, specifying the type of computer
and new location site. US Governmental personnel using this Software, other than
under a DoD contract or GSA Schedule, are hereby on notice that use of this Software
is subject to restrictions which are the same as or similar to those specified.
