Copyright (c) 2014-2018 The Brenwill Workshop Ltd. All rights reserved.
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY INSTALLING OR OTHERWISE USING THE MoltenGL DISTRIBUTION PACKAGE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT INSTALL THE MoltenGL DISTRIBUTION PACKAGE. If You have paid a License Fee and have determined that You do not want to accept the terms and conditions of this agreement, You may contact Us within 30 days of purchase for a refund.
For the purposes of this Agreement, the following terms are defined and used in this document:
"Application" means machine-executable software, using, or created in part using, any part of the Software (or any part of a Derivative Work), and provided to end-users to provide functionality through some form of non-programming user interface, and which is not considered to be a Derivative Work.
"API" means the programming interface through which developers gain access to any part of the functionality of a framework, library, application, or other software.
"Brenwill", "We", "Us", and "Our" mean The Brenwill Workshop Ltd.
"Derivative Work" means any framework, library, application, tool, game engine, or other software, created in part using any part of the Software, and exposing an API to Developers where that API makes use of any part of the Software.
"Developer" means a single person who uses or includes any part of the Software (or any part of a Derivative Work) as part of building or debugging an Application or Derivative Work using any form of developer tools. For clarity, Developer includes any programmer, tester, manager, demonstrator, marketing staff, sales staff, agent, contractor, customer, third party, or any other person who performs these activities (even occasionally), but does not include end-users of an Application, or any of the aforementioned persons who uses a pre-built and finished Application solely in the capacity of an end-user.
"Documentation" means the human-readable instructions, descriptions, explanations, specifications, drawings, images, and other documentation related to the use of the Software, and provided by Us, either along with the Software, or separately, to support Your use of the Software.
"Framework" and "Library" mean a machine-executable component part of the Software (or a Derivative Work) that is designed and intended to be integrated into an Application or Derivative Work as an integral and indivisible part of an Application or Derivative Work, and is conspicuously identified as being intended for such purpose, through naming, or through notice of such purpose in the Documentation.
"License" and "Agreement" mean this license agreement, which forms a legally binding agreement between You and Us.
"License Fee" means the payment made from You to Us, in an amount defined by Us, as consideration for Your use of the Software as described in this Agreement.
"Licensed Software" means the Software for which a valid License has been purchased, for each Developer contributing to the use of the Software in a single Application, within a period of one year.
"Software" means the files and functionality distributed, in whole or in part, by Us or Our authorized representatives as MoltenGL.
"You" and "Your" mean the person, company, or other entity who is being licensed to use the Software.
Upon receipt of the appropriate annual License Fee, We hereby grant You a non-exclusive license for use of the Software by a single Developer for the period of one year, to be used to create a single Application, for use according to the requirements specified in the What You May Do and What You May Not Do sections of this Agreement.
We retain all ownership, right, title, copyright, naming rights, trademarks, and interest in the Software and Documentation, including all component source code, compiled code, Libraries, documents, examples, tutorials, images, photographs, videos, and any other components of the Software and Documentation.
This is an annual License. Unless identified otherwise in writing, this Agreement is effective immediately and will remain in effect for one year. This Agreement will automatically terminate after a period of one year, or if You fail to comply with any material term or condition of this Agreement. You may renew this License annually by paying the appropriate annual License Fee. You agree, upon termination of this Agreement, by either You or Us, and for any reason, to immediately destroy all copies of the Licensed Software in Your possession or control.
All restrictions listed in the What You May Not Do section of this Agreement will survive the termination of this Agreement.
From time to time, We may make available updates and upgrades to the Software and Documentation and, unless otherwise indicated, You will receive access to all upgrades as long as Your annual License Fee is current.
As the requirements for future versions of the Software may change, We reserve the right to unilaterally modify the terms and conditions of this Agreement for any future version, update, or upgrade of the Software.
This Agreement may be modified only by a writing signed by You and Us. This Agreement and all related actions and proceedings will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflicts of laws provisions, and without regard to the United Nations Convention on the International Sale of Goods, and the parties consent to the jurisdiction of the courts in the City of Toronto in the Province of Ontario, Canada. In the event of litigation between You and Us concerning this Agreement, the prevailing party in the litigation will be entitled to recover legal fees and expenses from the other party.
If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, then that provision will be stricken from this Agreement without affecting the rest of this Agreement, and the remaining provisions of this Agreement will continue to be valid and enforceable.
You may assign this License to a single Developer, for use on a single Application, for use over a period of one year.
Except as identified herein, while evaluating the Software, You may use the Software and Documentation, under the terms of this Agreement, without paying the applicable License Fee. Notwithstanding this evaluation phase, before distributing any Application (or upgrade of that Application) making use of the Software, You must pay the License Fee for each Developer contributing to the Application (or upgrade of that Application).
You may use the Software when creating or upgrading a single Application and, upon payment of the applicable License Fees for all Developers who contributed to the Application, You may distribute an unlimited number of copies of the Application, as long as the Application was finished or upgraded within the one year period of this License. For clarity, there is no time limit on the distribution, or use by Your users, of Your Application, as long as the Application was compiled and finished within the one year period of this License.
You may use an unlicensed version of the Software when creating a Derivative Work, and You may distribute an unlimited number of copies of the finished Derivative Work using or containing the unlicensed Software. Your Derivative Work must include the requirement that any developers using Your Derivative Work must adhere to the terms of this License. You may repeat this for any number of Derivative Works.
You may make a limited number of copies of the Software and Documentation for backup and archival purposes, provided that the original and all copies are kept in Your possession and that the backup copies are only used by the single Developer to whom this License applies.
You may transfer this License to another Developer, as long as the previous Developer no longer uses this License.
The Software and Documentation remain Our proprietary intellectual property and are protected by copyright laws and international treaties.
You may not use any part of the Software without a valid License, except for evaluation purposes.
You may not use any part of the Software to create or upgrade an Application other than the single Application to which this License has been assigned.
You may not assign this License to more than one Developer or allow more than one Developer to use the Software under this License.
You may not separate the component parts of the Licensed Software for use by more than one Developer.
You may not distribute any part of the Licensed Software as part of an Application or Derivative Work, except the Frameworks as integrated into a finished and completed Application or Derivative Work.
You may not distribute an Application containing or using any part of the Software to any third party, without first paying the applicable License Fee for all Developers who contributed to the Application.
You may not include a Framework in an Application in a way that would allow the Framework to be separated from the Application and used independently from the Application.
You may not distribute a Derivative Work, or incorporate any part of the Software into a framework, library, tool, application, or other software used by Developers, unless each Developer using such a Derivative Work or other item holds a valid License to the Software, and adheres to the terms of this License, or unless You have obtained permission from Us to do so, through a separate written agreement with Us.
You may not use any part of the Software to develop, or cause to be developed, any application, tool, framework, library, or other software that can be used as an alternative to any part of the Software by You or a third party.
You may not make copies of the Licensed Software, except for backup purposes as identified in the What You May Do section of this Agreement.
You may not distribute any part of the Licensed Software outside the use of the Developer to whom this License is assigned.
You may not make (or cause to make) any part of the Licensed Software available to any third party.
You may not sublicense, rent, lease, or lend any part of the Licensed Software, or make the functionality of the Software available as part of a service bureau, application service provider, or similar centralized or networked provision of functionality.
You may not attempt to port, translate, reverse engineer, disassemble, decompile, or otherwise attempt to discover or learn the inner workings or source code of the Software.
You may not modify any part of the Software, except those source code header files provided as the API of the Software.
You may not use the Software in a situation where the Software's failure to perform can reasonably be expected to result in physical injury or loss of life.
You may not use the Software for unlawful purposes.
We warrant that for a period of 90 days after delivery of this copy of the Software to You, the Software will perform in material compliance with the Documentation.
We represent and warrant that We are the copyright holder of the Software and Documentation, that the granting of this License does not violate any other agreement, copyright, or ownership right, and that We are not aware of any claims or allegations that any or all of the Software infringes, violates, or misappropriates the intellectual property rights of any third party.
To the maximum extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether We know or had reason to know of Your particular needs. No employee, agent, dealer or distributor of Ours is authorized to modify this limited warranty, nor to make any additional warranties.
Our entire liability and Your exclusive remedy for breach of the foregoing warranty will be, at Our option, to repair or replace the Software, or refund the purchase price.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to You.
You may not use the Software in a situation where the Software's failure to perform can reasonably be expected to result in physical injury or loss of life. Any such use by You is entirely at Your own risk, and You agree to hold Us harmless from any claims or losses relating to such unauthorized use.
The Software and Documentation contain trade secrets and proprietary intellectual property that belong to Us and it is being made available to You in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET OR PATENT RIGHTS.
To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Us, Our affiliates, and Our and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses arising out of or accruing from Your use of the Software in a way that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party, or defames any third party or violates their rights of publicity or privacy.