License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND PHILC DESIGNS LTD. THIS AGREEMENT IS GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF KENTUCKY (AND NOT BY THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AS AMENDED). BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, REMOVE THE PRODUCT FROM YOUR HARD DRIVE AND PERMANENTLY ERASE ALL COPIES OF THE SOFTWARE. IF YOU ARE THE ORIGINAL INSTALLER OF THE SOFTWARE YOU MAY PROMPTLY RETURN THE SOFTWARE (INCLUDING PRINTED MATERIALS) WITH PROOF OF PURCHASE TO THE PLACE WHERE IT WAS PURCHASED FOR A FULL REFUND OF THE AMOUNT PAID OR STORE CREDIT (AS APPLICABLE).
PHILC DESIGNS LTD SOFTWARE LICENSE AGREEMENT
GRANT OF LICENSE. This License Agreement permits you to use one copy of PhilC Designs Ltd software entitled "Poser Tool Box", (the "Software"), which may include electronic documentation, on a single computer/workstation. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM or Cache) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. This License does not constitute a sale and does not authorize a sale of the Software or anything created thereby. All intellectual property (including copyright, trademark and patent) in the Software, including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software, are owned by PhilC Designs Ltd, and are protected by United States laws and international treaty provisions. PhilC Designs Ltd retain all rights not expressly granted. You must treat the Software like any other copyrighted material, except that you may make one copy of the Software solely for backup or archival purposes. You may not transfer your rights under this Agreement.
You may not use the software on or over a network or any other transfer device (including the Internet) except in a manner using the network and online functions included in the Software, if any. Use of the Software on more than one computer constitutes copyright infringement and may be punishable by civil fines, criminal penalties, or both.
You may not rent or lease the Software.
Registration is non transferable.
You may not modify, translate, reverse engineer, decompile, or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law.
You may not remove any proprietary notices or labels in the Software.
You may not copy the printed materials accompanying the Software or distribute printed copies of any user documentation provided in electronic format. You may not distribute any of the documentation wether in printed or electronic form in electronic format.
The restrictions contained herein apply equally to hybrid CD-ROMs which may contain multiple versions of the Software for use on different operating systems. Regardless of the type of media you receive, you may use only the portion appropriate for your single-user computer/workstation. In the event you fail to comply with any of the terms or conditions of this license, your rights to use the Software will end, you will stop using the Software, remove the Software from your computer, and permanently erase all copies of the Software. You may not export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
LIMITED WARRANTY
LIMITED WARRANTY. LIMITED WARRANTY. PhilC Designs Ltd and its affiliates, suppliers and licensors warrant to the original installer of the Software, for a period of ninety (90) days from the date of purchase, that the media on which the Software is distributed is substantially free from defects in materials and workmanship. ANY AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
REMEDIES. Your exclusive remedy will be, at PhilC Designs Ltd's sole option, (a) the refund of the amount you paid for the Software or (b) repair or replacement of the Software, provided that the defective Software is returned to PhilC Designs Ltd (at PhilC Designs Ltd 104 Seminole Court, Lawrenceburg Kentucky USA 40342. Telephone: (502) 839 6870) along with proof of the date of purchase within ninety (90) days from the date of purchase. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, neglect or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Except as set forth above, the Software is sold "as-is", without any express or implied warranties of any kind.
LIMITATION OF LIABILITIES. IN NO EVENT WILL PHILC DESIGNS LTD OR ITS AFFILIATES, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PHILC DESIGNS LTD'S AND ITS AFFILIATES', SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MISCELLANEOUS
PhilC Designs Ltd may cancel, change, modify, discontinue, terminate or charge a fee at any time for any reason for the online services available in conjunction with this Software.
No change or modification of the License will be valid unless it is in writing and is signed by PhilC Designs Ltd. The provisions of this Agreement are severable; if any provision is held to be invalid or unenforceable, it will not affect the validity or enforceability of any other provision. If the Software was acquired outside the United States, then local law may apply.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and user documentation is provided with RESTRICTED RIGHTS AND LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. PhilC Designs Ltd 104 Seminole Court Lawrenceburg Kentucky USA 40342
CONDITIONS FOR USE
These are Conditions For Use of the Properties contained in the Software. If you do not accept these conditions and you are the original installer of the Software, you may promptly return the Software (including all printed materials) with proof of purchase to the place it was purchased for a full refund of the amount paid or store credit (as applicable).
All content contained in the Software, including, but not limited to characters, designs, text, photos, clip art, fonts, graphics, templates, sounds, videos and projects contained in the Software (the "Properties") are either owned by or used under license by PhilC Designs Ltd. ("PhilC Designs Ltd") and are protected under trademark, copyright, and other applicable laws. Any and all unauthorized use of the Properties is strictly prohibited. You may not sell any Property or any item containing or carrying a copy of any Property. Subject to the restrictions described below, you may make copies of the Properties for use in home entertainment and projects, for educational purposes, in advertisements, public or private presentations, business communications, multimedia presentations, and other similar uses. For example, subject to the restrictions described below, you may use the Properties to create 3D computer models and any derived works from such models. PhilC Designs Ltd holds no rights over any 3D computer models created by the software, nor over any derived works from such models.
YOU ARE NOT PERMITTED TO:
Use any images included in this product containing trademarks or logos of any third-party in any print or electronic media of an editorial, commercial, promotional, or corporate nature.
Resell or sublicense or distribute collections of the Properties including, for example, clip art collections, photo collections or stock collections.
Sell any item on which any Property is copied or otherwise printed.
Use any of the Properties as a logo, trademark or similar designation of your business.
Use any individual's or entity's name, likeness, and/or image in any manner which suggests the endorsement or association of any product or service. For example, you may use a photo of an animal in an advertisement, but you may not use the image of a person.
PhilC Designs Ltd takes no responsibility if any Property is used in or used to create any immoral, obscene or scandalous works.
COPYRIGHT INFORMATION
©Poser 5 is the property of Curious Labs
All other trademarks are the property of their respective owners.