Zaxwerks Software License Agreement

Notice to User: THIS IS A CONTRACT. PLEASE READ THIS DOCUMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING IN PARTICULAR THE PROVISIONS ON: DISTRIBUTION IN SECTION 3; WARRANTY IN SECTIONS 5 AND 6; AND LIABILITY IN SECTION 8.  YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.  THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

VISIT http://zaxwerks.com/policies.shtml FOR INFORMATION ABOUT RETURNING THE SOFTWARE AND OBTAINING A REFUND.  YOU MAY HAVE ANOTHER WRITTEN AGREEMENT WITH ZAXWERKS (E.G. A VOLUME LICENSE AGREEMENT) THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.

ZAXWERKS OWNS ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD. ZAXWERKS PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. THE SOFTWARE MAY CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET. THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY MAY ALSO CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET. ADDITIONALLY, ONCE CONNECTED, THE SOFTWARE MAY TRANSMIT YOUR AUTHORIZATION CODE AND COMPUTER IDENTIFICATION TO ZAXWERKS AND MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED. 

1. Definitions

“Zaxwerks” means Zaxwerks Incorporated.  A California corporation located at 5724 Camellia Avenue, Temple City, California 91780

"Software" means all software files and other computer information provided by Zaxwerks, including all related updates.

"Zaxwerks Product" means Zaxwerks supplied Software and support materials and includes but is not limited to all related documentation, models, project files, demonstrations, videos, animations and any other support files supplied by Zaxwerks.


 2. Software License. This Agreement allows you to:

 a) Use the Zaxwerks Software on a single computer at a time.

 b) Make one copy of the Zaxwerks Software solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Zaxwerks Software.


 3. Restrictions

You may not:

A. Make or distribute copies of the Zaxwerks Product, or electronically transfer the Zaxwerks Software from one computer to another or over a network. 

B. Decompile, reverse engineer, disassemble, or otherwise reduce the Zaxwerks Software to human-perceivable form. 

C. Modify, rent, resell, distribute or create derivative works based upon the Zaxwerks Software or any part thereof. 

D. Use Zaxwerks Software as part of a rendering service or an automated production service. 

E. Use Zaxwerks Software as part of a service that allows a third party to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” service.

F. Export or reexport, directly or indirectly, the Zaxwerks Product into any country prohibited by the United States Export Administration Act and the regulations thereunder.


 4. Ownership

 The foregoing license gives you limited right to use the Zaxwerks Software. Although you own the hardware on which the Zaxwerks Software is recorded, you do not become the owner of the software, and Zaxwerks retains title to the Zaxwerks Product, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Zaxwerks and its affiliates.


 5. Disclaimer of Warranty

 Free of charge and Demo software 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. The entire risk as to the quality and performance of the Zaxwerks Software is borne by you. Should the Zaxwerks Software prove defective, you and not Zaxwerks or any of Zaxwerks' suppliers assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.


 6. Limited Warranties

 a) Zaxwerks warrants that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware, software and operating system configuration, the Zaxwerks Software will perform in substantial conformance with the documentation supplied as part of the Zaxwerks Product; and (ii) that the media on which the Zaxwerks Software is furnished will be free from defects in materials and workmanship under normal use. Zaxwerks does not warrant, however, that your use of the Zaxwerks Software will be uninterupted or that the operation of the Software will be error-free. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, ZAXWERKS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE ZAXWERKS PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice given by Zaxwerks, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.

 b) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.


 7. Exclusive Remedy

 Your exclusive remedy under Section 6 is to return the Zaxwerks Software to the place you acquired it, with a copy of your receipt and a description of the problem. Zaxwerks will use reasonable commercial efforts to supply you with a replacement copy of the Zaxwerks Software that substantially conforms to the documentation, provide a replacement for the defective media, or refund to you your purchase price for the Zaxwerks Software, at its option. Zaxwerks shall have no responsibility with respect to Zaxwerks Software that has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the nonconformance arises out of use of the Zaxwerks Software in conjunction with software not supplied by Zaxwerks.


 8. Limitations of Damages

 a) ZAXWERKS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ZAXWERKS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 b) Zaxwerks' total liability to you for actual damages for any cause whatsoever will be limited to the greater of $500 or the amount paid by you for the Zaxwerks Software that caused such damages.

 c) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


 9. Basis of Bargain

 The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Zaxwerks and you. Zaxwerks would not be able to provide the Zaxwerks Software on an economic basis without such limitations.


 10. Government End Users

 The Zaxwerks Product is "Restricted Computer Software."

 RESTRICTED RIGHTS LEGEND

 Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. For civilian agencies: Restricted Rights Legend Use, reproduction of disclosure is subject to restrictions set forth in subparagraph (a) through (d) of the Computer Software Restricted Rights clause at 52.227-19 and the limitations set for in the Zaxwerks' standard commercial agreement for this software. Unpublished rights reserved under the copyright laws of the United States.


 11. General

 This Agreement shall be governed by the internal laws of the State of California. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

Embree is used and Distributed under the Apache 2.0 License 

(www.apache.org/licenses/LICENSE-2.0)

FreeImage is used under the GNU General Public License 

(freeimage.sourceforge.net/freeimage-license.txt)

FFmpeg is used under the GNU Lesser General Public License (LGPL) 

version 2.1 or later (www.gnu.org/licenses/old-licenses/lgpl-2.1.html)

 Zaxwerks reserves all rights not expressly granted by this agreement. ALL RIGHTS RESERVED.  Zaxwerks reserves the right to update and change this Software License Agreement from time to time.

Updated January 1, 2015