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LICENSE
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IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR; (A) AN ENTITY, (B) A BUSINESS, (C) A SCHOOL, (D) AN INSTITUTION; AN ENTITY) AND OLE LANGE HEREIN REFERED TO AS THE LICENSE GIVER. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY THE LICENSE GIVER HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
THIS EULA REMAINS VALID UNLESS SUPERCEDED BY AN UPDATED EULA OR AN ALTERNATE WRITTEN SALES CONTRACT EXISTS BETWEEN THE LICENSE GIVER AND LICENSEE.
1: License Grants
The licenses granted in this Section 1 are subject to the terms and conditions set forth in this EULA:
a. Subject to Section 1(b), you may install and use the Software on any computer personally used by the registrair where the registrair is a single person not including an entity or entities, business or not. Entity or entities may install and use the Software on any computer; Licensed Software entitles an entity or entities to install and use the Software on a single computer; OR install and store the Software on a storage device such as a network server, used only to install the Software on other computers over an internal network, provided each employee is licensed and the use is on the entities internal network only. Except otherwise provided in Section 1(b), a license for the Software may not be shared, installed or used concurrently on different computers.
b. An entity may not install and use the Software on a Home Computer of any individuals associated with the entity unless the individual has a personal license registration.
c. You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy or original distribution of the Software.
d. You agree that the License Giver may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse the License Giver for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
e. Your license rights under this EULA are non-exclusive.
f. Unless otherwise restricted by terms of the sale contract between the License Giver and the authorized individual/entity, the Software may be used for an unlimited amount of time.
2: License Restrictions
a. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
b. Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
c. YOU MAY NOT SELL, RESELL, TRANSFER, DONATE, POST FOR DOWNLOAD, OR OTHERWISE RE-DISTRIBUTE THE SOFTWARE UNLESS SPECIFICALLY AUTHORIZED BY WRITTEN AGREEMENT WITH THE LICENSE GIVER OR PROVIDED IN THIS EULA.
d. The software may be installed on multiple computers with the following restrictions:
I. Standard License: Only the licensee can install to the licensee's personal account on any computer the licensee is authorized to use, and only the licensee is authorized to use the software.
II. Professional License: Only the licensee can install to the licensee's personal account on any computer the licensee is authorized to use, and only the licensee is authorized to use the software.
III. Corporate License: The authorized entity can install the software on any number of computers for any number of users within the entity's organization. Only authorized members of the entity may install and use the software on computers authorized by the entity, excluding personal computers not owned by the entity. The computers may be in multiple physical locations.
IV. Attraction License: The authorized entity can install and operate the software on ONE single attraction machine. An attraction machine is defined as an arcade machine, (motion) simulator, VR ride system, or personal computer. Such an attraction machine may provide up to FIVE riders an identical, concurrent, simultaneous ride experience. The software may be installed and operated on up to FIVE personal computers that work together to power the attraction machine, as long as the personal computers and software are used to provide all riders (up to the maximum limit of FIVE) an identical, concurrent, simultaneous ride experience.
If the entity wishes to install and operate the software on two or more attraction machines, or provide different concurrent experiences from one attraction machine, a separate Attraction License is required for each attraction machine or concurrent experience. If an entity wishes to operate an attraction machine for more than FIVE concurrent riders, an additional Attraction License is required for each multiple of FIVE concurrent riders (Two Attraction Licenses allow up to 10 concurrent riders, Three Attraction Licenses allow up to 15 concurrent riders, and so on).
e. Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
f. Software versions registered using a Standard License and Demo Software versions may only be used for private personal use. They may not be used for, (A) any commercial purpose, (B) any purpose in which you, another person, or an entity or entities would profit.
g. Software versions registered using a Professional License or Corporate License may be used for, (A) commercial purpose, (B) purpose in which you, another person, or an entity or entities would profit, except any purpose where the Software is used as (C) an attraction, (D) experience, or (E) revenue generating passenger rides. Software versions registered with a Professional License may not be used, either pre-rendered or in real time, for any kind of (F) attraction, (G) arcade, (H) motion simulator, or (I) VR ride system used to give rides or experiences to the public, either free or for revenue, including but not limited to, in an amusement park, arcade, casino, bar, pub, restaurant, museum, library, carnival, fun fair, festival, convention, or any other public or private arena.
h. Software versions registered using an Attraction License may be used for, (A) commercial purpose, (B) purpose in which you, another persion, or an entity or entities would profit, (C) any purpose where the Software is used as (D) an attraction, (E) experience, or (F) revenue generating passenger rides. Software versions registered with an Attraction License may be used, either pre-rendered or in real time, for any kind of (G) attraction, (H) arcade, (I) motion simulator, or (J) VR ride system used to give rides or experiences to the public, either free or for revenue, including but not limited to, in an amusement park, arcade, casino, bar, pub, restaurant, museum, library, carnival, fun fair, festival, convention, or any other public or private arena.
i. Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Demo Version of the Software, (B) disclose the results of software performance benchmarks obtained using the Demo Version to any third party without the License Givers prior written consent, (C) notwithstanding the foregoing, you are strictly prohibited from installing or using the Demo Version of the Software for any commercial training purpose.
j. You may receive the Software in more than one platform but you shall only install or use one platform.
k. You shall not use the Software to develop any application having the same primary function as the Software.
l. You shall not disclose, distribute or share with any person, entity or entities your registration license information either name or code by any means including but not limited to; E-Mail, WWW, FTP, IRC, Instant Message, Public or Private Forum or Message Board.
m. In the event that you fail to comply with this EULA, the License Giver may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
n. An internet connection is required for authorization and activation of an authorized Licensee’s Software. Limited system hardware configuration and Software information, including the authorization code, is collected at the time of Software authorization. This information is used only for the sole purpose of authorizing and enforcing EULA license restrictions. Other than this limited exception, no information or files of any kind are accessed or collected. No information of any kind is ever given to any third party under any circumstances.
3: Ownership
The foregoing license gives you limited license to use the Software. The License Giver and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software, and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by the License Giver and its suppliers.
4: LIMITED WARRANTY AND DISCLAIMER
1. THE LICENSE GIVER PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY VERSION OF THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS”.
2. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSE GIVER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5: LIMITATION OF LIABILITY
1. NEITHER THE LICENSE GIVER NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE LICENSE GIVER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6: COPYRIGHT
1. THE SOFTWARE PRODUCT IS COPYRIGHT ©2000 - 2017 OLE LANGE; THE LICENSE GIVER RETAINS ALL RIGHTS TO THE SOFTWARE AND RELATED PRODUCT FILES.
-------------------
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR; (A) AN ENTITY, (B) A BUSINESS, (C) A SCHOOL, (D) AN INSTITUTION; AN ENTITY) AND OLE LANGE HEREIN REFERED TO AS THE LICENSE GIVER. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY THE LICENSE GIVER HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
THIS EULA REMAINS VALID UNLESS SUPERCEDED BY AN UPDATED EULA OR AN ALTERNATE WRITTEN SALES CONTRACT EXISTS BETWEEN THE LICENSE GIVER AND LICENSEE.
1: License Grants
The licenses granted in this Section 1 are subject to the terms and conditions set forth in this EULA:
a. Subject to Section 1(b), you may install and use the Software on any computer personally used by the registrair where the registrair is a single person not including an entity or entities, business or not. Entity or entities may install and use the Software on any computer; Licensed Software entitles an entity or entities to install and use the Software on a single computer; OR install and store the Software on a storage device such as a network server, used only to install the Software on other computers over an internal network, provided each employee is licensed and the use is on the entities internal network only. Except otherwise provided in Section 1(b), a license for the Software may not be shared, installed or used concurrently on different computers.
b. An entity may not install and use the Software on a Home Computer of any individuals associated with the entity unless the individual has a personal license registration.
c. You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy or original distribution of the Software.
d. You agree that the License Giver may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse the License Giver for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
e. Your license rights under this EULA are non-exclusive.
f. Unless otherwise restricted by terms of the sale contract between the License Giver and the authorized individual/entity, the Software may be used for an unlimited amount of time.
2: License Restrictions
a. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
b. Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
c. YOU MAY NOT SELL, RESELL, TRANSFER, DONATE, POST FOR DOWNLOAD, OR OTHERWISE RE-DISTRIBUTE THE SOFTWARE UNLESS SPECIFICALLY AUTHORIZED BY WRITTEN AGREEMENT WITH THE LICENSE GIVER OR PROVIDED IN THIS EULA.
d. The software may be installed on multiple computers with the following restrictions:
I. Standard License: Only the licensee can install to the licensee's personal account on any computer the licensee is authorized to use, and only the licensee is authorized to use the software.
II. Professional License: Only the licensee can install to the licensee's personal account on any computer the licensee is authorized to use, and only the licensee is authorized to use the software.
III. Corporate License: The authorized entity can install the software on any number of computers for any number of users within the entity's organization. Only authorized members of the entity may install and use the software on computers authorized by the entity, excluding personal computers not owned by the entity. The computers may be in multiple physical locations.
IV. Attraction License: The authorized entity can install and operate the software on ONE single attraction machine. An attraction machine is defined as an arcade machine, (motion) simulator, VR ride system, or personal computer. Such an attraction machine may provide up to FIVE riders an identical, concurrent, simultaneous ride experience. The software may be installed and operated on up to FIVE personal computers that work together to power the attraction machine, as long as the personal computers and software are used to provide all riders (up to the maximum limit of FIVE) an identical, concurrent, simultaneous ride experience.
If the entity wishes to install and operate the software on two or more attraction machines, or provide different concurrent experiences from one attraction machine, a separate Attraction License is required for each attraction machine or concurrent experience. If an entity wishes to operate an attraction machine for more than FIVE concurrent riders, an additional Attraction License is required for each multiple of FIVE concurrent riders (Two Attraction Licenses allow up to 10 concurrent riders, Three Attraction Licenses allow up to 15 concurrent riders, and so on).
e. Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
f. Software versions registered using a Standard License and Demo Software versions may only be used for private personal use. They may not be used for, (A) any commercial purpose, (B) any purpose in which you, another person, or an entity or entities would profit.
g. Software versions registered using a Professional License or Corporate License may be used for, (A) commercial purpose, (B) purpose in which you, another person, or an entity or entities would profit, except any purpose where the Software is used as (C) an attraction, (D) experience, or (E) revenue generating passenger rides. Software versions registered with a Professional License may not be used, either pre-rendered or in real time, for any kind of (F) attraction, (G) arcade, (H) motion simulator, or (I) VR ride system used to give rides or experiences to the public, either free or for revenue, including but not limited to, in an amusement park, arcade, casino, bar, pub, restaurant, museum, library, carnival, fun fair, festival, convention, or any other public or private arena.
h. Software versions registered using an Attraction License may be used for, (A) commercial purpose, (B) purpose in which you, another persion, or an entity or entities would profit, (C) any purpose where the Software is used as (D) an attraction, (E) experience, or (F) revenue generating passenger rides. Software versions registered with an Attraction License may be used, either pre-rendered or in real time, for any kind of (G) attraction, (H) arcade, (I) motion simulator, or (J) VR ride system used to give rides or experiences to the public, either free or for revenue, including but not limited to, in an amusement park, arcade, casino, bar, pub, restaurant, museum, library, carnival, fun fair, festival, convention, or any other public or private arena.
i. Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Demo Version of the Software, (B) disclose the results of software performance benchmarks obtained using the Demo Version to any third party without the License Givers prior written consent, (C) notwithstanding the foregoing, you are strictly prohibited from installing or using the Demo Version of the Software for any commercial training purpose.
j. You may receive the Software in more than one platform but you shall only install or use one platform.
k. You shall not use the Software to develop any application having the same primary function as the Software.
l. You shall not disclose, distribute or share with any person, entity or entities your registration license information either name or code by any means including but not limited to; E-Mail, WWW, FTP, IRC, Instant Message, Public or Private Forum or Message Board.
m. In the event that you fail to comply with this EULA, the License Giver may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
n. An internet connection is required for authorization and activation of an authorized Licensee’s Software. Limited system hardware configuration and Software information, including the authorization code, is collected at the time of Software authorization. This information is used only for the sole purpose of authorizing and enforcing EULA license restrictions. Other than this limited exception, no information or files of any kind are accessed or collected. No information of any kind is ever given to any third party under any circumstances.
3: Ownership
The foregoing license gives you limited license to use the Software. The License Giver and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software, and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by the License Giver and its suppliers.
4: LIMITED WARRANTY AND DISCLAIMER
1. THE LICENSE GIVER PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY VERSION OF THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS”.
2. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSE GIVER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5: LIMITATION OF LIABILITY
1. NEITHER THE LICENSE GIVER NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE LICENSE GIVER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6: COPYRIGHT
1. THE SOFTWARE PRODUCT IS COPYRIGHT ©2000 - 2017 OLE LANGE; THE LICENSE GIVER RETAINS ALL RIGHTS TO THE SOFTWARE AND RELATED PRODUCT FILES.