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install rtre and its associated utilities (the "Software") which is
supplied together with various libraries and other data files (the
"Libraries") all produced by or licensed to Cubicspace and Cubicspace
Studios Limited ("Cubicspace"). Together with associated
documentation, the Software and Libraries are called the "Products".
These terms govern the use you may make of the
Products. They are supplemental to Cubicspace's general terms of business
("General Terms"), which govern payment, warranties, liability,
support, and other matters, and can be viewed online at www.cubicspace.com/business_terms.htm or such other location as is apparent from the
Cubicspace website. Together these terms and the General Terms form the
agreement between you (or where applicable your employer) and Cubicspace. If
Cubicspace supplied these Products against a written purchase order, then the
General Terms have already been accepted – if not please read them now as your
acceptance below includes acceptance of the General Terms.
BY DOWNLOADING OR
USING THE SOFTWARE OR CLICKING ON THE "I ACCEPT" OPTION BELOW, YOU
AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS
SELECT THE "I DO NOT ACCEPT" OPTION AND RETURN THE PRODUCTS TO THE
LOCATION WHERE YOU ACQUIRED IT FOR A FULL REFUND.
1. YOU MUST REGISTER WITH CUBICSPACE OR
THEIR APPOINTED REPRESENTATIVES AFTER INSTALLING THE SOFTWARE, FAILING WHICH
THE SOFTWARE WILL NOT OPERATE. You can register online or as detailed by the
product splash screen following installation. You will be asked to supply
certain contact information, which will be used to police infringers and also
(unless you opt out) to supply you with details of other products.
2. USER Restrictions
(i) If a single user licence of this Software has been
acquired by you for use on your own account, then only you may use the Software
as set out herein.
(ii) If a single user licence has been acquired by you
or somebody else but in either case on behalf of your employing entity
(e.g. company) then you and any other employees of that entity (or others
working on its behalf) may use the Software as set out herein for the sole
benefit of that entity (but only one at any time, and non-employees must be
notified of and agree to be bound by these terms).
(iii) If a multiple user licence has been acquired by
you or somebody else but in either case on behalf of your employing entity
(e.g. company) then you and any other employees of that entity (or others
working on its behalf) may concurrently use the Software as set out herein for
the sole benefit of that entity up to a maximum number of users not to exceed
the number of licences acquired (and non-employees must be notified of and
agree to be bound by these terms).
If either 2(ii) or 2(iii) applies, then from here on
'you' means your employing entity (acting through you and its other authorised
user employees).
(iv) If you are an educational establishment and have
purchased the Software for educational purposes, the licence under either 2(i),
2(ii) or 2(iii) may only be used at the premises or campus of your
establishment and in connection with the purpose of education.
(v) If you are a student and have purchased a student
edition, the licence under 2(i) above will last only for fifteen (15) months
from installation.
3. USE Restrictions
(i) If the copy of the Software which
is displaying these terms to you (or with which they are enclosed) has been
distributed under authority from Cubicspace for the purposes of demonstrating
or evaluating the Software you are licensed for up to 14 days from installation,
or such other period of time as you may be authorised in writing by Cubicspace
to use the Products in order to evaluate them but not to commercially
exploit any Content (as defined below) created as a result.
(ii) No use may be made of any Libraries
(or any part) unless the Software is installed, and even then only by those
persons hereby licensed to use the Software.
(iii) You may use the Software and any Libraries
provided for the sole purpose of assisting you in creating your own output data
files ("Content").
(iv) Without the prior written consent
of Cubicspace, any Libraries (or any part) may not be distributed in their
original state or in any amended state, but they may be used to generate
individual or sequential 2D image files that comprise Content. The Software
(or any part) may not be distributed at all, whether or not with or as part of
any Content.
(v) Notwithstanding 3(iv) above, where
the Software includes 'rtre Publisher' functionality, you may use that element
of the Software as documented to produce Content in the form of stand-alone 3D
scenes ("Publisher View Files"). Subject to 3(vi) below, Cubicspace
authorises you to distribute any Publisher View Files, insofar as they contain
elements of the Software. You are responsible for obtaining the right to
distribute any other content in Publisher View Files
(vi) Neither Content nor Publisher View
Files may be distributed for commercial purposes beyond conveying information
about designs, products, services and events, typically for communication, demonstration
or advertising purposes. Specifically, they may not be used or distributed
(whether after modification, or with other components, or otherwise) to enable
or assist or to execute commercial or consumer transactions online.
(vii) Some components of the Software
and Libraries may be identified as for demonstration and/or tutorial purposes,
and you can use these components to learn how to use the Software but not for
any commercial purposes, and without limiting the foregoing no such materials
can be used or distributed in or as part of any Content.
(viii) You may use the documentation for
the Software only to install and operate the Software.
(xi) The Software contains plug-ins for
3ds max and Autodesk Viz. You may only use these plug-ins if you are lawfully
licensed to use the corresponding 3ds max or Autodesk Viz products.
(x) You may copy
the Software solely to install it for use as permitted herein, and for backup
purposes, provided that any such copies shall be subject to these terms and
shall contain all notices regarding copyrights, trademarks and other
proprietary rights as contained in the Software.
(xi) All licences
granted herein are non-exclusive and non-transferable.
4. These terms do
not grant you any ownership rights in the Products or any part of them.
Cubicspace and its licensors retain exclusive ownership and all other rights in
and to the Products, including, without limitation, all trade secrets, patents,
trademarks, copyrights, database rights and other intellectual property rights.
The Products are protected by UK intellectual property laws and international
treaties. You will use best endeavours to prevent unauthorised access to, use
or copying of the Products (or any part of them) and shall notify Cubicspace
immediately if you become aware of any unauthorised access to, use or copying
of any part of the Products by any person.
5. You acknowledge
that the source code in the Software remains a confidential trade secret of
Cubicspace and you agree not to reverse engineer, decompile, decipher, modify,
or disassemble the Software or knowingly allow others to do so, without the
prior written consent of Cubicspace, except to the extent expressly permitted
by law notwithstanding any contractual prohibition. (Requests
for interface information should be addressed in writing to Cubicspace, for the
attention of 'Legal Services'.) Access
to the source code of the Software is not granted to you under these terms.
6. You must not
remove or alter or remove any proprietary notices, labels or marks on the
Products.
7. Subject to 2(v) above for educational users, this
licence is effective until terminated. You may terminate it by destroying all
copies of the Products covered by these terms (including any copies). This
licence will terminate immediately without notice if you fail to comply with
any of these terms (in which case you must destroy all copies of the Products
covered by these terms including any copies).
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