VIRTUAL WEAVER INTERACTIVE (designated 3VI) Licence agreement

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. 

This license agreement ("License") granted to you for the use of XOTICS product and its components described on xotics.org website ("The Product" or "The Software") is an agreement between you and 3VI.
By downloading, installing or using by any way The Software, you are confirming your acceptance of The Software and agreeing to become bound by the terms of this agreement. If you do not agree to be bound by these terms, then do not download and install The Software.
you are stating that you, personally : are either acting on your own behalf as an individual, or have been authorized by your employer to enter into this agreement as binding on your employer for such licensee entity.
3VI is only willing to grant you this license if you obtained The Product from 3VI, a 3VI authorized reseller or another entity authorized to distribute The Product. 
If you obtained The Product from any other source you may not install or use The Product.

1. OWNERSHIP
The Product is proprietary to 3VI. The Product is licensed, not sold, to you. You acknowledge and agree that : 
a) - the Product is protected under French copyright and other laws ;
b) - 3VI retain all copyrights and other intellectual property rights in the Product ;
c) - there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by 3VI ; 
d) - you acquire no ownership or other interest (other than your license rights) in or to the Product; and
e) - 3VI owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world 3VI's ownership of the Product, nor will you challenge the validity of 3VI's rights in the Product. You have no rights hereunder to use any trademark or service mark belonging to 3VI.

2. GRANT OF LICENSE AND SCOPE OF USE
2.1 License
Subject to the terms and conditions of this License, 3VI grants to you, if you are an individual, or, if you are an entity, one (1) designated person in your organization, a personal, non-exclusive, non-transferable and limited license to use the Product solely for your own internal purposes. 
You may not rent, sell, lend, lease, grant a sub-license, unwrap and/or rewrap for distribution or resell, you may not replicate totally or partially the Software on another computer , make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
You may install the Product on a reasonable number of machines provided that these machines belongs to you or are dedicated to your personal and exclusive use. Subject to the other provisions of this License, you may make a reasonable number of copies of the Product to backup devices such as hard disks, optical media, or tape and one (1) physical CD media backup copy of the Product solely to replace the original copy provided to you if the original copy is damaged or destroyed. 
All rights not specifically granted to you herein are retained by 3VI.

2.2 SERVICES ; UPDATES ; PRODUCT CHANGES
3VI is not required under this License to provide any installation, training or other services to you. Such services, if available, must be purchased separately. If, pursuant to a separate support agreement or otherwise, 3VI provides you with a new release, error correction, update, upgrade or other modification to the Product, such modification will be deemed part of the Product, and subject to the terms of this License, unless the modification is expressly provided subject to a separate license agreement. 3VI reserves the right at any time not to release or to discontinue release of any Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Product.

3. RESTRICTED USES
You may not :
3.1 remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product. 
3.2 change or translate the Software.You may not reverse engineer, decompile, disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. In the event of decompilation would be necessary for interoperability with another software, a written request should be sent to 3VI. This request would be deemed as support request and would be billed separately according to 2.2.
3.3 You may not modify or create derivative copies of the Software Product License.
Informations provided by 3VI or obtained by  a derivative way, may only be used by you according to the terms of this Licence. They may not be distributed to third-party or used to design a software similar to this Software.

4. WARRANTY AND LIABILITY LIMITATIONS
4.1 THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT 
4.2 IN NO EVENT WILL 3VI BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT, NEGLIGENCE OR OTHERWISE, EVEN IF 3VI KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 3VI?S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. 
4.3 THE SOFTWARE PRODUCT IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR IN HIGH RISK ACTIVITIES SUCH AS, WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR ANY SOFTWARE, TOOL, PROCESS, OR SERVICE THAT WAS DEVELOPED USING THE SOFTWARE PRODUCT IN WHICH THE FAILURE OF THE SOFTWARE PRODUCT, COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL OR MASS DESTRUCTION.. YOU AGREE THAT 3VI AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS AND THAT YOU ASSUME THE ENTIRE RISK FOR DAMAGES, LOSS OF PROFIT OR REVENUE, PERSONAL INJURIES OR ANY CLAIMS  ARISING FROM THE USE OF THE SOFTWARE PRODUCT,( OR ANY SOFTWARE, TOOL, PROCESS, OR SERVICE THAT WAS DEVELOPED USING THE SOFTWARE PRODUCT), IN VIOLATION OF THE CURRENT INTERDICTION.


5. TERM AND TERMINATION.
The term of this License will begin as of the date that you receive the Product and will remain in effect unless terminated under this Section 5.
5.1 You may terminate this License for any reason, or for no reason, by giving 3VI a written notice by mail or e-mail.
5.2 3VI may terminate this License if you breach your obligations hereunder by giving you notice of termination, specifying therein the alleged breach. If the breach is cured within thirty (30) day period, then this License will remain in effect; otherwise, this License will automatically terminate upon the conclusion of the thirty (30) day grace period.
5.3 Upon the termination of this License for any reason the following terms shall apply:
* all rights granted under this License will immediately terminate and you must stop all use of the Product
* you must destroy all copies of the Product provided to or made by you and
* provide 3VI with written certification that all such copies have been returned or destroyed.
All provisions of this License with the exception of the license granted in Sections 2, will survive termination of this License for any reason.

6. GENERAL
This license contract is governed by the laws of France. The United Nations Convention for the International Sale of Goods shall not apply.
This contract agreement is the entire agreement between 3VI and you, and supersedes any other communications or advertising with respect to the Software Product; this contract agreement may be modified only by written agreement signed by authorized representatives of you and 3VI. 
If any provision of this contract agreement is held invalid, the remainder of this contract agreement shall continue in full force and effect. 
All rights not expressly granted in this agreement are retained by 3VI.
 

