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1 LICENSE FOR CUSTOMER USE OF IMAGINATION TECHNOLOGIES SOFTWARE
2
3 IMPORTANT NOTICE -- READ CAREFULLY: This IMAGINATION TECHNOLOGIES
4 Customer License and Evaluation Agreement ("LICENSE") is the agreement
5 which governs use of the IMAGINATION TECHNOLOGIES software downloadable
6 herefrom, including computer software and associated printed materials
7 ("SOFTWARE"). By installing or otherwise using the SOFTWARE, you agree
8 to be bound by the terms of this LICENSE. If you do not agree to the
9 terms of this LICENSE, do not install the software.
10
11 This AGREEMENT is made between Imagination Technologies Limited
12 (IMAGINATION TECHNOLOGIES) and the business entity or individual that
13 downloads the software.
14
15 RECITALS
16
17 Use of IMAGINATION TECHNOLOGIES's products requires three elements: the
18 SOFTWARE, the hardware on a graphics controller board, and a personal
19 computer. The SOFTWARE is protected by copyright laws and international
20 copyright treaties, as well as other intellectual property laws and
21 treaties. The SOFTWARE is not sold, and instead is merely licensed for
22 use, strictly in accordance with this document. The hardware is
23 protected by various patents, and is sold, but this agreement does not
24 cover that sale, since it may not necessarily be sold as a package with
25 the SOFTWARE. This agreement sets forth the terms and conditions of the
26 SOFTWARE license only.
27
28 1. DEFINITIONS:
29
30 1.1 Customer. Customer means the business entity or individual that
31 downloads the Software.
32
33 2. GRANT OF LICENSE.
34
35 2.1 Rights and Limitations of Grant. IMAGINATION TECHNOLOGIES hereby
36 grants Customer the following non-exclusive, non-transferable right to
37 use the SOFTWARE, with the following limitations:
38
39 2.1.1 Rights. You may copy and distribute verbatim copies of the
40 SOFTWARE as you received it, in any medium, provided that you
41 conspicuously and appropriately publish on each copy an appropriate
42 copyright notice and keep intact all the notices that refer to this
43 license and give any other recipients of the Program a copy of this
44 license along with the SOFTWARE.
45
46 2.1.2 Limitations. No Reverse Engineering. Customer may not reverse
47 engineer, decompile, or disassemble the SOFTWARE, nor attempt in any
48 other manner to obtain the source code. The SOFTWARE is licensed as a
49 single product. Its component parts may not be separated, nor otherwise
50 used separately from the other parts. Customer may not rent, sell or lease
51 the SOFTWARE to someone else.
52
53 3. TERMINATION.
54
55 This LICENSE will automatically terminate if Customer fails to comply
56 with any of the terms and conditions of it. In such event, Customer must
57 destroy all copies of the SOFTWARE and all of its component parts.
58
59 4. COPYRIGHT.
60
61 All title and copyrights in and to the SOFTWARE (including but not
62 limited to all images, photographs, animations, video, audio, music,
63 text, and other matters incorporated into the SOFTWARE), the
64 accompanying printed materials, and any copies of the SOFTWARE, are
65 owned by IMAGINATION TECHNOLOGIES, or its suppliers. The SOFTWARE is
66 protected by copyright laws and international treaty provisions.
67 Customer is required to treat the SOFTWARE like any other
68 copyrighted material except as within the rights granted in para 2.1.1
69 above.
70
71 5. APPLICABLE LAW.
72
73 This agreement is governed by and shall be construed in accordance with
74 English Law.
75
76 6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
77
78 6.1 No Warranties. To the maximum extent permitted by applicable law,
79 the software is provided "as is" and IMAGINATION TECHNOLOGIES and its
80 suppliers disclaim all warranties, either express or implied, including,
81 but not limited to, implied warranties of merchantability and fitness
82 for a particular purpose.
83
84 6.2 No Liability for Consequential Damages. To the maximum extent
85 permitted by applicable law, in no event shall IMAGINATION TECHNOLOGIES
86 or its suppliers be liable for any special, incidental, indirect, or
87 consequential damages whatsoever (including, without limitation, damages
88 for loss of business profits, business interruption, loss of business
89 information, or any other pecuniary loss) arising out of the use of or
90 inability to use the software, even if IMAGINATION TECHNOLOGIES has been
91 advised of the possibility of such damages.
92
93 7. MISCELLANEOUS. This Agreement is the final, complete and exclusive
94 agreement between the parties relating to the subject matter hereof, and
95 supersedes all prior or contemporaneous understandings and agreements
96 relating to such subject matter, whether oral or written.

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