IMPORTANT, PLEASE READ CAREFULLY:
Thank you for using ALAMBIK(r) Standard EXPORTER 1.0 for Discreet
3D Studio Max 3 & 4 (ALEX).
This version of the ALAMBIK(r) Standard EXPORTER 1.0 has
been released so that you may preview and export to the Alambik(r)
environment 3D objects (meshes, materials, cameras, lights)
as well as motion tracks, parent-child hierarchical relations
and full scenes produced with Discreet's 3D Studio Max version
3 and 4. preview 3D objects.
This ALAMBIK(r) Standard EXPORTER 1.0 End-User Licence Agreement
("Licence") is a legal agreement between ALAMBIK
Ltd and you ("Recipient"), an individual, an organization
a corporation or an entity, which covers computer software,
associated media, documents, both printed and electronic ("Software").
BY CLICKING ON THE "I ACCEPT THE AGREEMENT"
BUTTON OR BY USING OR INSTALLING THIS SOFTWARE, RECIPIENT
ACKNOWLEDGES TO HAVING READ THIS AGREEMENT, HAVING UNDERSTOOD
IT AND, BY OPERATING OR USING THE SOFTWARE, AGREES TO BE BOUND
BY THESE TERMS & CONDITIONS AND TO BECOME A PARTY TO THIS
AGREEMENT. IF RECIPIENT DOES NOT AGREE TO ALL OF THE TERMS
OF THIS AGREEMENT, RECIPIENT IS NOT AUTHORIZED TO USE THE
SOFTWARE AND MUST CLICK "I DO NOT ACCEPT THE AGREEMENT"
TO STOP INSTALLATION, OR UNINSTALL THE SOFTWARE IF IT IS ALREADY
INSTALLED.
ALAMBIK(r) Ltd.
END-USER SOFTWARE LICENCE AGREEMENT
For the ALAMBIK(r) Standard EXPORTER 1.0
Recipient may use ALAMBIK(r) Standard EXPORTER 1.0 for Discreet
3D Studio Max 3 & 4 (ALEX) to export and publish an unlimited
number of creations produced with Discreet 3D Studio Max 3
or 4.
The ALAMBIK(r) Standard EXPORTER 1.0 Software delivered is
intended for installation on a personal computer running one
of the following Operating Systems: Microsoft Windows NT,
Microsoft Windows 2000, Microsoft Windows XP, and either Discreet
3D Studio Max 3 or Discreet 3D Studio Max 4. It cannot be
run in any other environment with this licence.
ALAMBIK(r) Ltd grants to Recipient a non-exclusive Licence
to use one copy of the accompanying ALAMBIK(r) Standard EXPORTER
1.0 Software on one CPU located on the Recipient's premises.
All remaining rights are reserved by ALAMBIK(r) Ltd and its
suppliers. ALAMBIK(r) Ltd and its suppliers retain all ownership
of and titles to the Software at all times. This Licence does
not grant Recipient any right to technical or Software support
of any kind, bug fixes, or any enhancement or update.
Copyright, Title, ownership rights, and intellectual property
rights in and for the Software shall remain with ALAMBIK(r)
Ltd and its suppliers. The Software is protected by a pending
patent, copyright laws, and international copyright treaties.
Recipient must maintain all copyright notices on all copies
of the Software Product.
Recipient shall not attempt to reverse-engineer, de-compile
or take actions to disassemble the Software.
LIMITED WARRANTY:
The Software is provided on an "AS IS" basis, without
warranty of any kind, either expressed or implied, including
but without limitation the warranties of merchantability,
suitability for a particular purpose and non-infringement.
Recipient agrees to assume the entire risk as to the quality
and performance of the Software.
Should the Software prove defective, Recipient, and not ALAMBIK(r)
LTD, assumes the entire cost of any service and repair. In
addition, the security mechanism implemented by the Software
has inherent limitations, and Recipient must determine that
the Software sufficiently meets Recipient requirements. This
disclaimer of warranty constitutes an essential part of this
agreement.
SOME STATES OR COUNTRIES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO RECIPIENT AND
RECIPIENT MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
TO STATE OR FROM COUNTRY TO COUNTRY OR BY JURISDICTION.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE, SHALL ALAMBIK(r) LTD OR ITS SUPPLIERS OR RESELLERS
BE LIABLE TO RECIPIENT OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ALAMBIK(r)
LTD BE LIABLE FOR ANY DAMAGES.
TERMINATION:
This Licence will terminate automatically if Recipient fails
to comply with the limitations described within this Agreement.
On termination, Recipient must remove the Software from the
computer onto which it is installed, and must destroy or return
all copies of the Software.
GENERAL:
This Agreement represents the complete agreement concerning
this Licence between the parties and supersedes all prior
agreements and representations between them. If any provision
of this Agreement is held to be unenforceable for any reason,
such provision shall be reformed only to the extent necessary
to make it enforceable.
This Agreement shall be governed by and construed under English
law as such law applies to agreements between English residents
entered into and to be performed within the United Kingdom.
The application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
Alambik is a trademark of Alambik Ltd.
All other trademarks and trade names are properties of their
respective owners. All Rights Reserved.
Contractor is Alambik Ltd/
Epps Building- Bridge Road- Ashford - Kent TN23 1BB - England-
United Kingdom
info@Alambik.com
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