:Home GIS Stuff Vis/Sim Stuff Other Stuff Downloads Search Site Map
Licensing

horizontal rule

THIS LEVEL
Up
Premier CD
US Ground
Russian Gnd.
Aircraft
Missiles
Space, etc.
FACETS List
Licensing
UNDER THIS LEVEL

LICENSE AGREEMENT

This is the standard agreement that must be accepted if purchasing CG˛ 3D Real-Time Models. Customer acknowledges that CG2 holds and will continue to hold (either in its own right or under license) all copyright, trademark, and all other property rights of the free models provided on this CD. No ownership rights are granted to either the F16 or T72.

CG˛, Inc.
FACETS 3D Geometric Models License Agreement

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE OPENING THIS PACKAGES.
IF YOU OPEN THIS PAGKAGE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, PLEASE RETURN THIS UNOPENED PACKAGE TO CG˛, INC. FOR A FULL REFUND.

This Agreement:
bulletLets you create an unlimited number of graphic applications that incorporate FACETS 3D Geometric Models and permits you to distribute those applications in unlimited numbers, but restricts your redistributing these Models on a stand-alone basis.

Scope of License Limitations:
bulletIf your company or organization has more than one department or unit, only personnel within the department or unit for which the Models were originally licensed may use these Models.
bulletIf your company or organization has more than one physical location, these Models may be used at only one location for which this product was originally licensed.
bulletIf you want to use FACETS 3D Geometric Models for additional location or departments, please contact CG2, Inc. for additional licenses.

 

CG2, Inc., an Alabama corporation with offices at 200 Randolph Ave., Huntsville, AL 35801 ("CG2") hereby grants to you ("the Customer") and you accept, a non-exclusive license to use the FACETS 3D Geometric Models:

 

  1. Definitions

1.1 In the Agreement, the following definitions shall apply:
bullet"Models" shall include the FACETS 3D Geometric Models as supplied on CD-ROM, magnetic media or through the Internet and licensed by CG2 under this Agreement. The Models consists of 3D models and textures that are ready-made for use in Customer’s applications.
bullet"Documentation" shall mean the Models’ user manual, advice available from CG2 on-line or through the Internet, together with such other literature as may be provided by CG2.
bullet"Customer" means the individual, organization or entity that is the purchaser of this license. Customer does not include affiliates, parent corporations, or other organizations.
bullet"Customer Application" means any application or graphic program created by the Customer using one or more Models. Customer Application also includes portions or components of larger applications.
 

22. Permitted Modification of the Models

2.1 The Models are licensed for use in development of Customer Applications.

2.2 Customer may modify Models for the purpose of development of Customer Applications only.

2.3 Customer acknowledges and agrees that any modified Model will be subject to CG2’s right under copyright law as a derivative work. All restrictions in this Agreement shall apply to any modified Model.


 

3. Permitted Use and Embedding of Models in Customer Applications.

3.1 For the purpose of creating Customer Applications, Customer may embed or include any number of Models in any number of Customer Applications.

3.2 This Agreement allows for the distribution of an unlimited number of copies of the Customer Applications that contain Models.

4. Distribution Restrictions

4.1 Customer is prohibited from distributing Models, whether modified or not, apart from a Customer Application. Under no circumstance may Customer distribute Models or Textures on a stand-alone basis.

4.2 Customer agrees to distribute Customer Applications with reasonably conspicuous notice, in documentation or otherwise, as follows:

"FACETS™ 3D Models included in this application are protected by copyright law and are property of CG2, Inc. Copyright (c) 1998 CG2, Inc. All rights reserved. FACETS™ is a trademark of CG2, Inc. Distribution or use of Models or rendering made from Models apart from this application is prohibited."


 

5. Scope of Use Restrictions

5.1 If Customer is a company or organization that has more than one physical location, these Models may be used at only the one location for which the Models were originally licensed.

5.2 If Customer is a company or organization that has more than one department or unit, these Models may only be used by personnel within the department or unit for which the Models were originally licensed.

5.3 This Agreement is non-transferable. No rights are granted or may be granted to anyone other than Customer.

6 Disclaimers and Limitation

6.1 MODELS ARE LICENSED "AS IS" AND WITHOUT WARRANTY.

6.2 CG2 DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE MODELS AND DOCUMENTATION.

6.3 In no event will CG2 be liable to customer for damages, under any claim of contract, tort, statutory violation or otherwise, consisting of or including any loss of profits, claims of customers, distributees, or customers, or any other special, incidental, or consequential or punitive damages of any nature arising from the models or out of use or inability to use the model, even if CG2 has been warned of such damages.

6.4 CG2’s maximum aggregate liability under this Agreement shall not exceed the license fee for the CD-ROM disk containing the Models.

7 Restrictions; Rights Reserved

7.1 Customer acknowledges that CG2 holds and will continue to hold (either in its own right or under license) all copyright, trademark, and all other property rights in the Models and Documentation. No ownership rights are granted by this Agreement.

7.2 Uses of the Models and Documentation not expressly permitted by this Agreement are forbidden.

8 Termination

8.1 This Agreement shall continue in effect unless terminated under its terms.

8.2 CG2 may terminate this Agreement forthwith by notice in writing if Customer is in breach of any term of this Agreement, including, without limitation, any payment obligation, and does not remedy the breach within 30 days of written notice.

9 Consequences of Termination

9.1 Upon termination of this Agreement, Customer shall cease to use the Models and shall at CG2’s option retain or destroy the Models and Documentation together with all copies and all related materials, and shall certify in writing to CG2 that this has been done.

9.2 Termination shall not affect existing obligations of Customer, in particular (without limitation), payment of monies then due. Termination shall not affect those obligations and limitations which of their nature and meaning survive, including without limitation, those relating to CG2’s intellectual property, confidentiality, restrictions regarding the Model, and Customers liability.

10 Claims

10.1 Any claim made by Customer against CG2 shall be barred unless made in writing within one year of the date on which the subject matter became known to the Customer.

11 Assignment

11.1 Unless CG2 has given its consent, which will not be unreasonably refused, Customer agrees that it will not transfer or assign this Agreement or the license granted in this Agreement. Transfer or assignment of the Agreement in violation of this section renders the assignment or transfer void at CG2’s option. CG2 may transfer this Agreement in connection with the sale or disposition of the line of business then associated with the Model.

12 Remedies

12.1 Should Customer breach its obligations under this Agreement regarding use of the Models, the parties agree that CG2 and/or its licensors will suffer immediate and irreparable harm and be entitled to preliminary and final injunction relief, in addition to all other remedies available under applicable law.

12.2 In case of any legal proceeding or legal action to address Customer’s material breach of this Agreement, CG2 will be entitled to its costs of action, including court costs and reasonable attorneys and experts fees.

13 Governing Law

13.1 This Agreement shall be governed by the laws of the United States of America and of the state of Alabama. Without prejudice to either party’s right to claim injunctive relief, Customer and CG2 hereby submit unconditionally to the exclusive jurisdiction and venue of the state and federal courts located in Madison county in Alabama for any action relating to this Agreement of the relationship of the parties.

14 Modification of Agreement; Forbearance

14.1 No modification of this Agreement shall be binding on either party unless made in a written amendment to this Agreement and signed by an authorized signatory of each party.

14.2 Forbearance by either party as to any breach of any obligation under this Agreement shall only constitute a waiver of that obligation to the extent that (in its absolute discretion) it is formally waived in writing by an authorized signatory of that party.

15 Severability

15.1 Each clause in this Agreement shall be deemed to be separate and severable and enforceable accordingly. In the event any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, all other provisions, and the Agreement as a whole shall remain in effect.

16 License to US Government

16.1 The Program and the Documentation are provided with restricted and limited rights for purposes of US government contracting and subcontracting, Including any use by any department, agency, board or other part of instrumentality of the government. Use, duplication or disclosure by the Government is subject to restrictions as set forth in Subparagraph 252.227-7013(c)(1)(ii) (Rights in Technical Data and Computer Software) of the Department of Defense Federal Acquisition Regulations Supplement or Subparagraphs 52.227-19(c)(1) and (c)(2) (Commercial Computer Software - Restricted Rights) of Title 48 of the Code of Federal Regulations, as applicable. Supplier is CG2, Inc. 200 Randolph Ave., Huntsville, AL 35801.

17 Entire Agreement


17.1 This Agreement is the complete contract of the Parties and supercedes all prior writings, agreements, discussions and statements on this subject matter.

© Copyright 1998-2008 Grime Click here to contact Grime the Webminstrel...
...or here to return to