END USER LICENSE AGREEMENT
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. License
By receiving and/or using this Chris West (“The Author”) software (the “Software”), you accept and agree to be bound by the following User Agreement. Subject to the terms of this Agreement, The Author grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use or evaluate this Software in accordance with this Agreement and any other written agreement with The Author. The Author does not transfer title to this Software to you; the license granted to you is not a sale. This Agreement is a binding legal agreement between The Author and the purchasers, users or evaluators of this Software. If you do not agree to be bound by this Agreement, remove this Software from your computer now and, if applicable, promptly return to us by mail any copies of this Software and related documentation and packaging in your possession.
2. Distribution
Unless otherwise authorized herein, this Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of this Software contact The Author at:
WWW: http://www.west-racing.com/mf
E-Mail: chris@west-racing.com
3. User Agreement
3.1 Evaluation Version use
You may evaluate this Software without purchasing a license (the “Evaluation Version”) for a maximum of thirty (30) calendar days (the “Evaluation Period”). On or before the expiration of the Evaluation Period, you must purchase a license from The Author in order to continue to use the Software, or you are required to remove this Software and any archived copy from your computer immediately following the expiration of the Evaluation Period. For more information about purchasing a license to use the Software, please contact The Author Customer Service.
3.2 Activation of Software
Once you have purchased a license from The Author in order to continue to use the Software, you are required to activate the Software through the Internet. There are technological measures within the Software that are designed to prevent unlicensed use of the Software. The Author will use those measures to confirm you have a valid licensed copy of the Software. The Author will not collect any personally identifiable information from your computer location or workstation during this process.
3.3 Distribution
The Evaluation Version of the Software may be freely distributed, provided that:
1. Such distribution includes only the original archive supplied by The Author. You may not alter, delete or add any files in the distribution archive or modify the Software in any way.
2. The limited evaluation nature of this Evaluation Version Software is not misrepresented.
3. No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and other overhead.
4. You provide prior email or written notice to The Author at the email address listed above that you are distributing this Evaluation Version and, if the Software is being distributed with other media or software, The Author’s prior written approval is required. To obtain prior written approval, please contact The Author. You may be required to report to us the number of units of this Evaluation Version Software distributed from time to time.
3.4 Use
Your license to use this Software is limited to the number of licenses purchased by you. For more information about purchasing additional licenses of this Software please contact us through our online form:
http://www.west-racing.com/mf/?page_id=385
You shall not allow others to use, copy or evaluate copies of this Software. Others may obtain a copy of this Software from: http://www.west-racing.com/mf/?page_id=2983
3.5 Portable Computer Use
If you have purchased a license to use this Software and installed it on your desktop computer, you may not install a second copy of this Software on your portable computer without a further license.
3.6 Use Restrictions
You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of this Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of this Software may be used on one single computer location or workstation. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi site license). Others may not use or install your copy of this Software. The assignment, sublicense, networking, sale, or distribution of copies of this Software are strictly forbidden without the prior written consent of The Author. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this Software. If any person other than yourself uses Software registered in your name on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated and you are responsible for that violation!
3.7 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part.
The Author’s name, logo and graphics file that represents our Software shall not be used in any way to promote products developed with our Software. The Author retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of The Author Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for The Author.
3.8 Limitation of Responsibility
You will indemnify, hold harmless, and defend The Author, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of The Author’s Software.
In no event (including, without limitation, in the event of negligence) will The Author, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Our entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by The Author) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to The Author. Such reimbursement will only occur if the Software was purchased directly from The Author. If you purchased the Software through a reseller, distributor, retailer, or third party, you need to request a refund directly from such parties.
3.9 Warranties
The Author DOES NOT WARRANT THAT THE USE OF SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The Author DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE DATA CONTAINED IN SOFTWARE. The Author DOES NOT WARRANT THE ACCURACY OF THE COMPUTATIONS CARRIED OUT BY SOFTWARE DURING ITS OPERATION AND SPECIFICALLY DOES NOT WARRANT ITS USE IN SAFETY CRITICAL APPLICATIONS. SUBJECT TO THE FOREGOING ALL CONDITIONS, WARRANTIES, TERMS AND UNDERTAKINGS EXPRESS OR IMPLIED STATUTORY OR OTHERWISE IN RESPECT OF SOFTWARE AND THE DOCUMENTATION ARE HEREBY EXCLUDED TO THE GREATEST EXTENT PERMISSABLE BY APPLICABLE LAW.
3.10 Governing Law
1. Any controversy, claim or dispute that cannot be so resolved shall be settled by final binding arbitration in accordance with the rules of the World Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in the city where the Company’s headquarters are located, or such other place as may be mutually agreed upon by the parties.
2. 3dsmax is a registered trademark of Autodesk, Inc. All other brand names, product names, or trademarks belong to their respective holders.
3.11 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. Registration
To register the Software you can do one of the following: 1) complete and mail the printed registration card (if applicable) to The Author; 2) submit the registration information online through the registration screen found within the Software (if applicable); or iii) submit the registration information online through The Author’s Support pages at http://www.west-racing.com/mf . As a registered user, you will have the option to receive helpful information and special email offers for The Author customers, as well as The Author’s Monthly newsletters featuring tips, tricks, updates and savings.
5. Consent to Use of Data
You agree that The Author may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the Software. The Author may also use this information to provide notices to you which may be of use or interest to you. You can elect to not receive any further notices from The Author Systems, unsubscribing directly to any e-mail you receive. The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that The Author may automatically check the version of the Software that you are utilizing and may provide upgrades or fixes to the Software. In order to receive such upgrades or fixes, you must agree to the download when prompted. You are not obligated to download any upgrades or fixes to the Software that are provided by The Author.
