VIRTUAL POSE ® Master Collection 1 MULTI-USERS LICENSE AGREEMENT
PLEASE READ THIS Virtual Pose ® LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING:
This License is effective only after receipt of payment and will remain valid for 365 days after such payment is received. Customer may terminate this License at any time by destroying all copies of Virtual Pose ® Master Collection 1 including any documentation. This License will terminate immediately without notice from StudioView Interactive, LLC. if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Virtual Pose ®.
Multiple-Users License Grant: StudioView Interactive, LLC. ("SVI") grants to Customer a nonexclusive and nontransferable license to use VIRTUAL POSE ® ("VP") Master Collection 1 thusly: (i) Projected onto one projection screen during classroom sessions, provided that no more that one projector is used at any one time. (ii) installed in a single location on a hard disk or other storage device of up to TWENTY (20) computers owned or leased by Customer for which Customer has paid a license fee ("Permitted Number of Computers"); or (iii) provided VP is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) Temporary installation onto a hard disk or other storage device of up to TWENTY (20) computers; or (b) use of VP over such network, provided the number of computers connected to the server does not exceed TWENTY (20) computers. The total number of VP Master Collection 1 copies shall therefore NOT exceed twenty (20) copies. Customer grants to SVI or its independent accountants the right to examine its books, records and accounts during Customer's normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, Customer shall promptly pay to SVI the appropriate licensee fee for the additional computers or users. At SVI's option, SVI may terminate this license for failure to pay the required license fee.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, VP OR DOCUMENTATION; MODIFY VP; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF VP; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF VP.
In no event does SVI warrant that VP is error free or that Customer will be able to operate the VP without problems or interruptions.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL SVI OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE VP EVEN IF SVI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall SVI's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
VP, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import VP.
This License shall be governed by and construed in accordance with the laws of the State of Virginia, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of VP.
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