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BY ENTERING INTO THIS LICENSE AGREEMENT FOR OCULUS DEMONSTRATION(S) AND INSTALLING OR USING THE Oculus Demonstration SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY RETURN OR DESTROY THIS SOFTWARE. THE TERM "SOFTWARE" IN THIS AGREEMENT INCLUDES COMPUTER PROGRAMS AND RELATED DOCUMENTATION AND ANY UPDATES SUBSEQUENTLY PROVIDED BY OCULUS INFO INC.
Use of SOFTWARE: Oculus Demonstrations (the SOFTWARE) are copyrighted and contain proprietary information protected by law. Ownership of and title to all SOFTWARE and all copies thereof, including associated intellectual property rights, are and shall remain with OCULUS INFO INC. (OCULUS) or its suppliers. (1) OCULUS grants you limited rights to use the SOFTWARE solely for your personal use or internal business purposes. (2) No unauthorized copying of the SOFTWARE, making the SOFTWARE available to third parties, or attempting to commercialize the SOFTWARE is permitted. (3) You may not use, modify, or transfer the program, or any copy, in whole or in part, except as expressly permitted by this Agreement. Reverse engineering, decompiling, disassembling the object code, and creating derivative works based on the SOFTWARE are prohibited. (4) If this License Agreement is terminated for any reason, you agree to return or destroy all copies of the SOFTWARE and associated documentation in the same condition as received (normal wear and tear excepted), to erase all SOFTWARE from your systems, and to certify compliance upon request. (5) You agree that your rights under this Agreement are personal and non-exclusive and may not be assigned or otherwise transferred. Violation of any of the above provisions will automatically terminate this Agreement.
Warranty: OCULUS warrants only that it shall have the right to enter into this license. OCULUS will not be responsible for any defect caused by misuse, abuse, caused by third parties for which OCULUS is not responsible, acts of god, or use not in accordance with OCULUS' documentation or this license. THE SOFTWARE IS FURNISHED TO YOU "AS IS" AND OCULUS, ITS AGENTS, AFFILIATES, CONTRACTORS, AND SUPPLIERS DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Limitation of Liability: OCULUS (INCLUDING HEREIN ITS AFFILIATES) SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR SPECIAL, INDIRECT, ECONOMIC, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES OR LOSS ARISING OUT OF THE PROVISION OF THE PRODUCTS, SOFTWARE OR SERVICES OR IN ANY WAY ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, NEGLIGENCE, STRICT TORT LIABILITY, OR ANY OTHER THEORY.
Term: The license granted hereunder shall automatically terminate if you breach any of the terms and conditions stated herein. Upon such breach, you agree to destroy all copies of the SOFTWARE and discontinue use thereof.
Misc: This Agreement shall be construed in accordance with and governed by the laws of the State of New York.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY INSTALLING OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SOFTWARE OR THIS AGREEMENT.
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