Action3D daz2xna Software Subscription Agreement

Notice to user

This software subscription agreement is a legal agreement between you (either an individual or a single entity) and Action3D Inc. for the Action3D daz2xna software product.
You agree to be bound by the terms of this agreement by installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT. If you do not agree, do not install or use the SOFTWARE PRODUCT.

Subscription

This product can be used in subscription mode. In this mode the product is fully functional. Subject to the payment of a subscription fee, the subscriber subscribes to a non-transferable and non-exclusive license to use the software in accordance with the terms and conditions of this agreement for the duration of this agreement. The SOFTWARE PRODUCT is licensed for a specific period of time, not sold.
An internet connection is required on the machine where the software is used. The software product will communicate with a license server to check the validity of the license key and the remaining time for the subscription.

Trial

This product can be used in trial mode. In this mode you have all the functionality of the subscription mode, except that you can only save flat scenes. The trial is free, the subscriber subscribes to a non-transferable and non-exclusive license to use the software in accordance with the terms and conditions of this agreement for the duration of this agreement. The SOFTWARE PRODUCT is licensed for a specific period of time.
An internet connection is required on the machine where the software is used. The software product will communicate with a license server to check the remaining time of the trial.

License key

A license key is created when you purchase a subscription. This license key gives you the right to install and activate the software on a specified number of devices. An internet connection is required on the machine where the software is installed for its activation. When you activate an installation of the software, an activation key file is created by the license server. You will be able to install and activate the software on another machine after disabling its activation key file. To do that, you must login on your account on the Action3D web site to delete the activated key associated to your license.

Intellectual property rights

You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.

No Warranty

The Software is being delivered to you AS IS and Action3D makes no warranty as to its use or performance. Action3D and its suppliers do not and cannot warrant the performance or results you may obtain by using the software. except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, Action3D makes no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.

Limitation of liability

In no event will Action3D be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if an Action3D representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. Action3d's aggregate liability under or in connection with this agreement shall be limited to the amount paid for the software, if any.

Governing law

This Agreement shall be governed and be construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
Action3D and Action3D daz2xna are registered trademarks of Action3D Inc. in Canada and/or other countries. If you have any questions regarding this Agreement, you may contact Action3D at http://www.action3d.net.