End User License Agreement

IMPORTANT, PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT.

MENTAL IMAGES IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANYSUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH ("AGREEMENT").

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SELECTING THE "I ACCEPT" BUTTON AT THE BOTTOM OF THE PAGE. PLEASE USE THE SCROLL BAR ON THE RIGHT TO READ THE REST OF THIS AGREEMENT. YOU MAY PRINT THIS AGREEMENT BY SELECTING "PRINT" BELOW. BY SELECTING THE "I ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS OF THE AGREEMENT AND THE SOFTWARE WILL BE INSTALLED.

IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT AND YOU DO NOT AGREE TO ALL OF ITS TERMS AND CONDITIONS, SELECT "I REJECT" - WHICH WILL CANCEL THE LOADING OF THE SOFTWARE. YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

COPYING OR USE OF THIS SOFTWARE OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS AGREEMENT IS UNAUTHORIZED AND IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY OR USE THIS SOFTWARE OR ITS DOCUMENTATION
WITHOUT PERMISSION OF MENTAL IMAGES, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO MENTAL IMAGES FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES. THIS SOFTWARE IS MADE AVAILABLE FOR THE PERSONAL AND/OR PROFESSIONAL DEVELOPMENT AND TESTING OF REALITYSERVER APPLICATIONS AND FOR THEIR DEPLOYMENT

(1) FOR INDIVIDUAL PERSONAL, BUT SOLELY NON-COMMERCIAL PURPOSES, INCLUDING ACCESS BY THIRD PARTIES VIA THE INTERNET TO SUCH REALITYSERVER APPLICATIONS DEVELOPED AND HOSTED BY YOU (SUCH AS A PERSONAL INTERACTIVE 3D HOMEPAGE, AND

(2) IN THE CASE OF PROFESSIONAL PURPOSES SOLELY FOR THE TECHNICAL TESTING OF SUCH PROFESSIONAL APPLICATION DEPLOYMENTS, INCLUDING ACCESS BY THIRD PARTIES VIA THE INTERNET. THE DEPLOYMENT OF SUCH APPLICATIONS FOR COMMERCIAL PURPOSES REQUIRES A COMMERCIAL LICENSE AND NOT JUST THE DEVELOPER LICENSE GRANTED HEREIN.

1. GRANT OF LICENSE.

mental images GmbH ("mental images") grants you a nonexclusive, nontransferable license to use this program (the "Software") and its manual, if any, and other accompanying material ("Documentation") with equipment owned by you or under your control, according to the terms and conditions of this Agreement. Unless explicitly and specifically agreed to otherwise in writing by mental images or a mental images Authorized Reseller, this Agreement permits a single user to install and use the Software on only one computer with a combined total of up to eight (16) compute cores in up to four (4) Central Processing Units (CPUs) at one location at any one time.

Backup Copy: You may make one archival (backup) copy of the Software. Such archival copy may not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy may not be used or installed as long as another copy of the Software is installed on any computer. If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, it may not be duplicated electronically, however, you may print out one (1) copy, which may not be copied.

Third Party Materials: We may provide and sub-license to you certain software which is specifically labeled as being provided by and/or owned by third parties ("Third Party Materials"). We make no claim of ownership of such software.

Certain of the Third Party Materials supplied by us for use with the Software are accompanied by license agreements containing terms which are different that this Agreement ("Third Party Agreements") . Any Third Party Agreements are supplied with such Third Party Materials, either electronically in a "license.txt" file in the root directory of the installation media, or the subdirectory in the installation media containing the Third Party Materials, or in some cases in paper form. In any such situation, the Third Party Materials are supplied solely in accordance with the Third Party Agreements.

In any event, however, our disclaimer of warranty and limitations of liability below under "No Warranty" and "Limitation of Liability" apply to all Third Party Materials.

2. RESTRICTIONS.

You May Not:

a. copy or use the Software or Documentation except as permitted by this Agreement.

b. reverse engineer, decompile, or disassemble the Software except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with the Software or with another program and such information is not readily available from mental images or elsewhere.

c. distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, Documentation or any rights granted hereunder to any other person without the prior written consent of mental images.

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

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

3. COPYRIGHT.

Title and copyrights to the Software, Documentation and accompanying materials, if any, and any copies made by you remain with mental images and its licensors. The structure, organization, and code of the Software are valuable trade secrets of mental images and its licensors. Unauthorized copying of the Software or Documentation, or failure to comply with the above restrictions, will result in automatic termination of this Agreement. This Agreement does not grant you any intellectual property rights.

4. NO WARRANTY.

THE REALITYSERVER(R) DEVELOPER EDITION IS PROVIDED FREE OF CHARGE OR AT A NOMINAL COST, AND ACCORDINGLY IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5. LIMITATION OF LIABILITY

IN NO EVENT WILL MENTAL IMAGES OR ANY OF ITS LICENSORS 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 OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF MENTAL IMAGES OR ANY MENTAL IMAGES RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

6. RESTRICTED RIGHTS FOR U.S. GOVERNMENT CUSTOMERS.

The Software is a "commercial item," as that term is defined in 48 C.F.R. 12.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein

7. CANADIAN LICENSES.

If you acquired this product in Canada, you agree to the following: The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including Notices, have been and shall be written in the English language only. Les parties cidessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s'y rattachent, soient rédigés en langue anglaise.

8. GENERAL.

a. This Agreement shall not be governed by the UN Convention on Contracts for the Sale of Goods. This Agreement shall be governed by the laws of the State of California, U.S.A., including its Uniform Commercial Code without reference to conflict-of-laws principles. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and Documentation.

b. If any provision of this Agreement is found to be invalid or otherwise unenforceable, the further conditions of this Agreement 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.