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ALLEGORITHMIC SOFTWARE LICENCE TERMS

USER RIGHTS AND WARRANTIES

We thank you for having acquired MaPZone, a software developed by Allegorithmic, (hereinafter "MaPZone").

ALLEGORITHMIC, 37 Avenue Lavoisier, ZAC des Varennes, 63170 Aubière, FRANCE, is the developer and owner of Software Product known as MaPZone (the « Software »).

MaPZone allows the user to create, use, modify procedural maps, textures and various media effects.

Use of the software and data provided with MaPZone is subject to a licence granted by Allegorithmic, and/or other suppliers, to the end-user (hereinafter "Licensee"), for use in accordance with the following end-user license agreement.

END-USER LICENSE AGREEMENT

Please read this end-user license agreement carefully.

Breaking the seal or opening the sleeve of the CD-ROM or DVD-ROM or memory card or pressing the "I agree" button for pre-installed or downloaded software means that you accept the terms and conditions of this agreement.

In any case, by using the software, you accept these terms. If you do not accept them, do not use the software.

Software and data covered: This agreement applies to the MaPZone software and to other software provided by Allegorithmic or by third parties with the Allegorithmic Product, and their accompanying documentation (hereinafter the "Software"), whether the Software are provided on a CD-ROM, DVD-ROM or memory card, or any other physical support, or obtained by downloading.
This agreement also applies to the contents integrated into the Software (data, databases, programs, etc) supplied by Allegorithmic or by third parties (hereinafter the "Data").

Licence: Allegorithmic and/or its suppliers grant you a limited, non-exclusive and non-transferable licence to use the Software and Data in accordance with the following conditions and limitations.

USE OF THE SOFTWARE

For the purposes of this License, "Use" shall mean and include:

a) utilization of the Software by copying, transmitting or loading the Software into the temporary memory (RAM) or installing into the permanent memory (e.g. hard disk, CD Rom or other storage device) on the Licensee's computer system (the « System ») for use by the Licensee and its employees;
b) storing the whole or any part of the Software on the System or other storage unit or disk,
c) utilizing (but not copying) the instructional and/or operational manuals relating to the Software.

You may make a back-up copy of the Software solely for the purpose of restoring the original Software in the event it is accidentally corrupted. You must reproduce all the information regarding copyright and any other information relating to property rights shown on the Software and affix said information to any copy that you may make.

Restrictions on use: You are not authorised to reproduce, modify, adapt, decompile or disassemble the Software, perform reverse engineering. Allegorithmic will provide you on written request with the information necessary for the Software to be interoperable with other programs in accordance with the statutory provisions in force.

You are not authorised to work around any limitations in the software.

You are not authorised to publish the software for others to copy.

You are not authorised to sale, rent, lease or lend the Software. You may not grant a sub-licence to the Software, whether free of charge or for valuable consideration, or grant or transfer a licence.

You are not authorised to use the software in any way that is against the law.

You are not authorised to use the software for software hosting services.

Intellectual property rights: The Software and Data are protected by copyright, intellectual property right regulations and by provisions of international treaties. Any breach of these rights shall constitute copyright infringement. Allegorithmic shall retain all rights that are not expressly granted.

The Licensee acknowledges that any and all of the copyright, trade marks, trade names, patents and other intellectual property rights subsisting in or used or in connection with the Software including all documentation and manuals relating thereto are and remain the sole property of Allegorithmic. The Licensee shall not during or at any time after the expiration or termination of this License in any way question or dispute the ownership by Allegorithmic.

Media Elements and Textures: The MaPZone software is provided with textures and/or other media elements. You may use, copy, reproduce and distribute the included textures in your projects either for personal, educational or commercial purpose. Allegorithmic shall retain all rights, including Copyrights of all Media elements provided with the Software. In any case, for any use of the Media elements provided by Allegorithmic and owned by Allegorithmic, Allegorithmic's property and rights shall be clearly mentioned in your project. Any breach to this requirement shall terminate this agreement.

Term: This agreement shall be valid until it is terminated or ends for any reason whatsoever. It may be terminated at any time in the event you breach any of the provisions hereof. Immediately after its termination or end, you must return the Software and Data to Allegorithmic and/or destroy any copies in your possession.

Severability: If one of the provisions of this agreement proves to be invalid, unlawful or inapplicable, this shall not affect the validity, lawfulness and applicability of the other provisions.

Governing law and jurisdiction: For sales or uses in Canada, Mexico or the United States, this licensing agreement shall be governed by the law of the State of New York. For all other sales, this licensing agreement shall be governed by the law of France.

WARRANTY

This warranty is granted by Allegorithmic to the initial acquirer, i.e., the end-user, of the MaPZone software for his/her personal use (hereinafter "you").

Allegorithmic warrants that the MaPZone Software and any other Allegorithmic branded Software (hereinafter "the Software") shall comply with the specifications with which they are supplied, for a period of thirty (30) days from the date of the initial acquisition.

Limit on the warranty:

1. This warranty does not apply to software or hardware produced by a third-party and supplied with or embodied into the Allegorithmic Product. Allegorithmic does not provide any warranty on behalf of said third-parties. The hardware and software produced by third parties are covered by a warranty from their supplier or licensor.

2. This warranty does not apply to normal wear and tear to the Hardware and Software.

3. This warranty does not include a warranty that the operation of the Software shall be uninterrupted and free from error. Any warranty as to the reliability, accuracy, completeness and comprehensiveness of the data included in the Software is expressly excluded.

Remedies: In the event of a hidden defect of which Allegorithmic is informed during the warranty period, your sole remedy shall be to obtain the repair or replacement of the Software, solely at Allegorithmic's discretion and at its expense. If Allegorithmic cannot reasonably repair or replace the product, Allegorithmic may, solely at its discretion, provide you with an equivalent product. Allegorithmic warrants all replaced Software for a period of thirty (30) days from the date of shipment or until the end of the original warranty period if this is later.

Implementation of the warranty: To implement this warranty, you should contact Allegorithmic via the company's web site or by mail or fax.

Exclusions from the warranty: This warranty excludes all other express, implicit or statutory warrantees, conditions and terms, including merchantability warrantees, suitability for a specific use, accuracy, compliance with the description, regarding satisfactory quality, the absence of any virus in the Software and non-copyright and/or patent infringement.

However, no provision of this warranty shall affect your statutory rights.

Limitation of responsibility and liability: Insofar as this is allowed by the applicable regulations, Allegorithmic and/or its suppliers shall under no circumstances be responsible for any direct and/or indirect damage, special or subsequent damage, in particular, for information purposes but not limited to, the loss of earnings or profit, loss of business, loss of data and loss of software, or of hardware, including the costs of recovery, reproduction or repairs following the above-mentioned loss, caused by the use of and/or the impossibility of using the Allegorithmic and/or its suppliers have been informed of the possibility of said damage. In any event, Allegorithmic's liability shall be limited to the eventual amount you paid for the Allegorithmic Product.

Severability: If one of the provisions of this warranty proves to be invalid, unlawful or inapplicable, this shall not affect the validity, lawfulness and applicability of the other provisions.

Governing law and jurisdiction: For sales in Canada, Mexico or the United States, this warranty agreement shall be governed by the law of the State of New York. For all other sales, this warranty agreement shall be governed by the law of France.
The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to this warranty agreement.

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