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EULA_3DWiggle_Rev_Nov_2014

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Perspectives Software Solutions GmbH
End User License Agreement
for 3DWiggle Version 2.3
November 2014

IMPORTANT: THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND PERSPECTIVES SOFTWARE SOLUTIONS GMBH. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE PRODUCT. IT PROVIDES A LICENSE TO USE THE PRODUCT. BY INSTALLING AND USING THE PRODUCT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PRODUCT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT INSTALL THE PRODUCT.

This is the Perspectives Software Solutions GmbH Software License Agreement, which applies to the software product 3DWiggle Version 2.3 Perspectives Software Solutions GmbH (hereafter “Perspectives”) is a company incorporated in Zurich, Switzerland. Perspectives’ primary Internet address is www.perspectives.ch. 3DWiggle Version 2.3 (hereafter “3DWiggle” and/or “Software”) is Copyright © Perspectives. All rights reserved. Copyright law protects this software program and any associated material. Perspectives retains title to and ownership in the copyright of the software product and all associated materials. This software is not provided as public domain software.

1. LICENSE

By receiving, opening the file package, and/or using the Software, you agree that this End User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Perspectives your use of 3DWiggle indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Perspectives grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use 3DWiggle in accordance with this Agreement and any other written agreement with Perspectives. Perspectives does not transfer the title of 3DWiggle to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Perspectives and the purchasers or users of 3DWiggle .

If you do not agree to be bound by this agreement, remove 3DWiggle from your computer now and, if applicable, promptly return to Perspectives by mail any copies of 3DWiggle and related documentation and packaging in your possession.

2. DISTRIBUTION

3DWiggle 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 3DWiggle contact Perspectives.

3. USER AGREEMENT

3.1 Use

Your license to use 3DWiggle is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of 3DWiggle .

3.2 Use Restrictions

You shall use 3DWiggle in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of 3DWiggle 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 3DWiggle may be used on one single computer location by one user. Use of 3DWiggle means that you have loaded, installed, or run 3DWiggle on a computer or similar device. If you install 3DWiggle onto a multi-user platform, server or network, each and every individual user of 3DWiggle must be licensed separately.

You may use the 3DWiggle on a second computer so long as the user of each copy is the same person and more than one copy is not simultaneously used.

You may make one copy of 3DWiggle for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of 3DWiggle. The assignment, sublicense, networking, sale, or distribution of copies of 3DWiggle are strictly forbidden without the prior written consent of Perspectives. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of 3DWiggle . If any person other than yourself uses 3DWiggle registered in your name, 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!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, translate, reverse engineer, disassemble or decompile 3DWiggle. Nor can you create any derivative works or other works that are based upon or derived from 3DWiggle in whole or in part.

Perspectives’s name, logo and graphics file that represents 3DWiggle shall not be used in any way to promote products developed with 3DWiggle. Perspectives retains sole and exclusive ownership of all right, title and interest in and to 3DWiggle and all intellectual property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of 3DWiggle, 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 Perspectives.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Perspectives , 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 Perspectives’ Software.

In no event (including, without limitation, in the event of negligence) will Perspectives, 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, personal injury, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, 3DWiggle or the use or inability to use 3DWiggle or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Perspectives’s 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 Perspectives ) 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 Perspectives.

3.5 Warranties

Except as expressly stated in writing, Perspectives makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

The laws of Switzerland govern this agreement and any disputes arising out of it shall be adjudicated in a court of competent jurisdiction in Zurich, Switzerland. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

You may terminate this Agreement at any time by destroying the software and all copies thereof.
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 3DWiggle and destroy all copies of 3DWiggle supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

PERSPECTIVES PROVIDES THE SOFTWARE AND THE ACCOMPANYING FILES “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY THE SOFTWARE AS WELL.

5. CONSENT OF USE OF DATA

You agree that Perspectives may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to 3DWiggle . Perspectives may also use this information to provide notices to you which may be of use or interest to you.