LICENSE AGREEMENT 
on software use 

PLEASE CAREFULLY READ THE TERMS OF THIS LICENSE AGREEMENT (THE AGREEMENT) BEFORE USING SOFTWARE. YOU INDICATE YOUR UNCONDITIONAL CONSENT AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT BY SELECTING THE ACCEPT BUTTON AT THE END OF THIS AGREEMENT. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU FULLY AND UNONDITIONALLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT HAS LEGAL FORCE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE PROPER AUTHORITY TO SUCH ACCEPTANCE AND ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR DO NOT HAVE SUCH AUTHORITY, SELECT THE DECLINE BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT OR DO NOT HAVE THE AUTHORITY TO ACCEPT THEM, YOU ARE NOT ENTITLED TO USE THE SOFTWARE.

UNDER THIS AGREEMENT YOU MAY USE THE SOFTWARE FOR PERSONAL NON-COMMERCIAL PURPOSES ONLY FOR ITS PERMITTED USE AUTHORIZED BY THIS AGREEMENT. IF YOU WISH TO USE THE SOFTWARE ON THE TERMS AND FOR THE PURPOSES DIFFERENT FROM THOSE SET FORTH IN THIS AGREEMENT, YOU MAY CONTACT THE RIGHTHOLDER TO CONSIDER THE POSSIBILITY TO ENTER INTO A SEPARATE LICENSE AGREEMENT ON THE USE OF THE SOFTWARE ON DIFFERENT TERMS AND CONDITIONS FOR A FEE.

THE RIGHTHOLDER OWNS ALL INTELLECTUAL PROPERTY RIGHTS (INCLUDING EXCLUSIVE RIGHT, PERSONAL NON-PROPERTY (MORAL) RIGHTS, AND OTHER RIGHTS SET FORTH IN  APPLICABLE LAW) TO THE SOFTWARE, ALL INTELLECTUAL PROPERTY IN THE SOFTWARE AND RELATED DOCUMENTATION TO THE SOFTWARE. 

1. DEFINITIONS.

(1) Rightholder - Alexey M. Romanov, contact@infinity3d-engine.com.
(2) You or User - individual or legal entity using the Software in accordance with the terms of this Agreement. 
(3) Agreement - this document which determines the conditions of the use of the Software and regulates the relations of the parties relating to such use. 
(4) Permitted Use - the Software use authorized in this Agreement.  
(5) Software - the software Infinity3D (library), documentation thereto, and any Updates which may be provided by the Rightholder to the User (if such Updates are not provided under a separate license agreement).  
(6) Feedback - any tests results, reports, error data and other information or materials provided by the User to the Rightholder relating to the Software and its use.
(7) Updates - any updates or error corrections to the Software provided to the User by and at the discretion of the Rightholder.

2. SOFTWARE LICENSE.

2.1. This Agreement is concluded between the Rightholder and the User.
2.2. In accordance with the terms of this Agreement the Rightholder grants the User with non-exclusive non-transferable limited right to use the Software for its Permitted Use.

3. PERMITTED USE. 

3.1. The Permitted Use of the Software by the User is limited to one copy of the Software. Provided the User's compliance with all terms and conditions of this Agreement, the User may for PERSONAL NON-COMMERCIAL USE install the Software on the User's personal computer and use the Software for its functional purpose and in accordance with the documentation thereto     . The User may also make one archive copy of the Software.

4. LICENSE RESTRICTIONS. 

4.1. The Software provided to the User under this Agreement is licensed, not sold by the Rightholder. The Rightholder reserves all rights to the Software. 
4.2. The User may not use the Software other than expressly permitted by this Agreement or in a manner inconsistent with its function or documentation. 
4.3. The User may not change or alter any copyright or other notices on the Software. Any authorized copy of the Software that the User make must contain the same copyright and other notices that appear on or in the Software. 
4.4. The User may not copy the Software other than expressly permitted under this Agreement.  
4.5. The User may not change, modify, revise, adapt or translate the Software. 
4.6. The User may not distribute the Software in any manner, both as a separate software product as well as incorporated in any other software products or as a part of a collection of software products. 
4.7. The User may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
4.8. The Software is provided to the User as a single software product. The User may not unbundle the components or parts of the Software for the use on different computers. The User may not unbundle the Software for distributing, selling or transferring. 
4.9. The User may not rent, lease, sell, sublicense, encumber, assign or transfer the User's rights to the Software or authorize any portion of the Software to be copied onto another individual or legal entity's computer.
4.10. The Software is confidential and copyrighted.
4.11. The Software is not designed, licensed or intended for use in the design, construction, operation and maintenance of any nuclear facility and the Rightholder disclaims any express or  implied warranty for fitness for such use.  
4.12. The terms and conditions of this Agreement will apply to any Updates unless such Updates are provided under a separate license agreement.  

5. FEEDBACK.

5.1. The User may provide the Rightholder with the Feedback relating to the Software and its use. In case of provision of the Feedback, the User hereby at no cost assigns the exclusive right to the Feedback to the Rightholder and grant its consent to anonymous use and publication of such Feedback. The Rightholder may use the Feedback in any manner and for any purposes, without limitations, liability or obligations to the User. 

6. LICENSE FEE.

6.1. The use of the Software in accordance with the terms and conditions of this Agreement for its Permitted Use is free. 
6.2. The use of the Software other than set forth in this Agreement is permitted only for a fee under a separate agreement to be concluded between the User and the Rightholder. 

7. TERMINATION OF THE AGREEMENT.  

7.1. The Rightholder may at any time without notice to the User to unilaterally terminate this Agreement if the User breaches any provision of this Agreement. The Rightholder also may at any time without notice to the User to unilaterally terminate this Agreement should the Software become, or in the Rightholder's opinion likely to become, the subject of a claim or suit of intellectual property infringement.
7.2. The User may at any time to unilaterally terminate this Agreement by discontinuing the use of the Software and deleting all copies of the Software.
7.3. In case of termination of this Agreement, howsoever caused, the User's rights under this Agreement will immediately terminate. The User will be obliged to immediately discontinue the use of the Software and delete all copies of the Software. 
7.4. Sections 1, 2, 4, 5, 7-13 of this Agreement will survive termination of this Agreement, howsoever caused,  but this will not imply or create any continued right to use the Software after termination of this Agreement, howsoever caused.

8. CONFIDENTIALITY.

8.1. All information provided by the Rightholder under this Agreement, including the Software, documentation  thereto and any Updates to the Software is the information constituting commercial secret of the Rightholder (the Confidential Information of the Rightholder). The User may not disclose the Confidential Information of the Rightholder to any third parties and may use the Confidential Information of the Rightholder solely for the Permitted Use. The User is obliged to keep the Confidential Information of the Rightholder confidential in perpetuity. 
8.2. The User must restrict access of third parties to the Confidential Information of the Rightholder and provide access to the Confidential Information of the Rightholder only to its employees who have a need to know to perform their employment obligations provided that such employees have agreed in writing to be bound by a confidentiality obligation which incorporates the protections and restrictions set forth by this Clause.  

9. DISCLAIMER OF WARRANTY. 

9.1. The Software is provided as is. The User acknowledge that the Software may contain errors and inaccuracies  and is not designed or intended for use in the design, construction, operation or maintenance of any safety critical systems. The Rightholder disclaims any express or implied warranty of fitness for such uses.
9.2. Except to the extent that such disclaimers are held to be legally invalid in accordance with applicable law, the Rightholder disclaims all express or implied conditions, representations and warranties, including any warranty of performance, satisfactory quality, integration, merchantability, security, quiet enjoyment, fitness for any particular purposes, or non-infringement of third parties rights. 
9.3. The Rightholder doesn't provide technical or service support for the Software. 

10. LIMITATION OF LIABILITY. 

10.1. To the maximum extent permitted by applicable law and except for any remedies that can not be excluded or limited under law, the Rightholder will not be liable to the User for any direct or indirect loss, damages, claims or cost whatsoever including, without limitation, consequential and punitive damages, lost profit or data, any damages resulting from business interruption, any damages resulting out of third parties claims, arising out of or relating to the use of or inability to use of the Software, even if the Rightholder has been advised of the possibility of such loss, damages, claims or cost. 
10.2. The User will indemnify the Rightholder for all damages and cost of the Rightholder (including all legal fees) arising our or related to the User's violation of this Agreement, the use of the Software by the User, violation of the Rightholder's rights, as well as for all damages and cost arising out or related to any claim or suit of third parties arising out of or related to the use of the Software by the User. 

11. EXPORT REGULATIONS AND RESTRICTIONS. 

11.1. The use of the Software, documentation thereto and any Updates to the Software is subject to export control legislation of the Russian Federation and may be subject to export or import control of other countries. The User is obliged to strictly comply with said legislation. The User is obliged not to ship, transfer or export the Software in a any country or use in any manner prohibited by said legislation. The User is responsible to obtain any permit or license as may be required in accordance with said legislation. 

12. GOVERNING LAW AND DISPUTES RESOLUTION.

12.1. This Agreement is governed and construed by applicable law of the Russian Federation.
12.2. The parties will try to settle all disputes or issues relating to this Agreement by mutual negotiation. In case the  parties may not settle disputes or issues by mutual negotiation, such disputes will be settled by court in accordance with applicable legislation of the Russian Federation.

13. GENERAL TERMS. 

13.1. This Agreement is the entire Agreement between the User and the Rightholder relating to its subject matter. It supersedes all prior oral or written communications, proposals, representations and warranties between the parties  relating to its subject matter. 
13.2. This Agreement may be changed only by signing by both parties an additional agreement hereto. 
13.3. If any provision of this Agreement is found void and unenforceable it will not affect the validity of the remaining provisions of this Agreement which will remain valid and enforceable in accordance with its terms. 
13.4. The User may not assign or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the Rightholder. 

Please contact the Rightholder at contact@infinity3d-engine.com if You have any questions.