SOFTWARE LICENSE AGREEMENT FOR "Stella4D"

IMPORTANT, PLEASE READ THIS FIRST. THIS IS A LEGAL LICENSE AGREEMENT. BEFORE PURCHASING THIS PRODUCT YOU MUST ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. BY PURCHASING A LICENSE FOR "Stella4D", YOU ARE CONSENTING TO BE BOUND BY ALL THESE TERMS AND CONDITIONS. YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH HEREIN.

IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT AND YOU DO NOT AGREE TO ALL ITS TERMS AND CONDITIONS, THEN DO NOT PURCHASE OR INSTALL THIS PRODUCT.

COPYING OF THIS COMPUTER PROGRAM EXCEPT AS PERMITTED BY THIS LICENSE IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THIS COMPUTER PROGRAM WITHOUT THE AUTHOR'S PERMISSION, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO THE AUTHOR FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.

1. GRANT OF LICENSE.

Robert Webb (the "Author") grants you a nonexclusive, nontransferable license to use the program (the "Software") with equipment owned by you or under your control, according to the terms and conditions of his License Agreement. You will receive a license file which may be used to enable the Software. In no circumstances should you give this license file to anyone else. Each license file is unique, and can be traced back to you. For School and University licenses, the license file should be available to as few people as possible, and not distributed to all students at the institution. Preferably one person should be responsible for enabling the Software on each machine at the institution. Once enabled, the license file is no longer required for the Software to run, and should be deleted from most machines. It is your responsibility to guard this license file. All reasonable measures must be taken to prevent unauthorized parties from copying this license file.

The following will also apply:

(a) If you purchase a "Single User License", then the Software may only be used by the person to whom that license is given. This person may install and use the Software on multiple machines, provided no one else uses the Software on any machine. The Software should never be running on more than one machine at any one time. Other people may use the Software briefly for demonstration and evaluation purposes only, but only in the presence of and under the supervision of the license holder, and do not leave the Software installed on their computer.

(b) If you purchase a "School License", then the Software may only be used by staff and students of the school to which the license is given, and only on the school premises. You may make copies of the Software for use within the school. The Software may be placed on a network provided that only machines at your school have access to the Software. For the purpose of this license agreement, a "school" is an institution which teaches no higher than secondary level (up to year 12).

(c) If you purchase a "University License", then the Software may only be used by staff and students of the university to which the license is given, and only on the university premises. You may make copies of the Software for use within the university. The Software may be placed on a network provided that only machines at your university have access to the Software. For the purpose of this license agreement, a "university" is an institution which teaches at a tertiary level (higher than year 12).

The Author has the right to revoke any license found to be used with illegal copies of the Software. The Software may perform internet checks to confirm its validity.

2. RESTRICTIONS:

You may NOT:

a. Copy the Software except as permitted by this license.

b. Reverse-engineer, decompile or disassemble the Software.

c. Distribute, rent, loan, lease, sell, sublicense or otherwise transfer all or part of the Software, license file, or any rights granted hereunder to any other person without the prior written consent of the Author.

d. Remove, alter or obscure any proprietary notices, labels or marks from the Software.

e. Modify, translate, adapt, arrange or create derivative works based on the Software for any purpose.

f. Utilize any equipment, device, software or other means designed to circumvent or remove any form of copy protection used by the Software, or use the Software with any license file not supplied by the Author.

3. OBLIGATIONS.

Before purchasing a license to use the Software, it is recommended that you download and evaluate the demo version. Testing the demo version ensures that the program works to your satisfaction on all machines on which you intend to use the Software. You can also print out a test page from the demo version (using the menu item "File->Print Test Page"), to ensure that printing works to your satisfaction on all printers with which you intend to use the Software.

Images and video exported from the Software may be used in non-commercial publications including (but not limited to) web pages, YouTube, public displays etc., but proper credit must be given to the Software. Proper credit includes the name of the Software used ("Stella4D") along with the web site for the product. In the case of web pages, proper credit should appear on each web page where any such image or video appears, with links to the Software's home page. You should endeavour to keep these links up to date, as the Software's home page may change from time to time. In the case of public displays of physical models or sculptures created with the aid of the Software in any way, proper credit should appear in any accompanying documentation and somewhere easily visible near the display.

Of all the "Stella" range of software, only "Stella4D Pro" may be used for commercial use. Commercial use includes (but is not limited to) using exported images in books, posters, videos and other commercial publications; and using 3D model data and nets to produce 3D products for sale.

A complimentary copy of any book, poster or other product using images or data from the Software would be appreciated where feasible.

The Author may grant exceptions to these requirements on a case-by-case basis and is usually happy for images to appear in books in exchange for a complimentary copy.

Flattened (unfolded) nets and 3D models exported from the Software are NOT to be added to any kind of collection, database, book, website or other publication that is distributed to others or publicly available without the Author's consent. Users are encouraged to make .stel files available on their websites for fellow users, but inclusion of VRML files or nets generated by the Software reduces the worth of this Software, circumventing its usefulness.

Any copyright notice and information about the Software or the Author must remain intact in any file exported from the Software.

4. UPGRADES.

You will be entitled to free minor upgrades, when and if they become available. A minor upgrade is where the version number changes only after the first point ("."). An example of a minor upgrade is from version 1.0 to 1.1. There may be an additional fee for a major upgrade. A major upgrade is where the version number changes before the first point ("."). An example of a major upgrade is from version 1.1 to 2.0.

5. COPYRIGHT.

Title and copyright to the Software and any copies made by you remain with the Author. Unauthorized copying of the Software, or failure to comply with the above restrictions, will result in automatic termination of this license, and possibly legal action.

6. NO WARRANTY.

The Software is provided to you "AS IS," and you acknowledge that it may contain errors. The Author disclaims any warranty or liability obligations to you of any kind. THE AUTHOR MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU; AND THE AUTHOR SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction.

7. DISCLAIMER.

THE AUTHOR SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT.

8. LIMITATION OF LIABILITY.

IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.

9. GENERAL.

If any provision of these license conditions is found to be invalid or otherwise unenforceable, the further conditions of this license will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.