Unigine v0.33 binary license agreement

This License Agreement is a legal agreement between you (either an individual or a single entity, herein after referred as to the "Purchaser") and Unigine Corp. (herein after referred as to the "Licensor) for software product "Unigine v0.33"

1.1. "Software product" is "software Product Unigine v0.33", that includes files of necessary libraries, tools for setting and formation of other software product, source code fragments and concomitant technical documentation.

1.2. The present agreement has no territory limitations.

2.1. The "Licensor" transfers non-exclusive rights on usage of "Software product" to the "Purchaser".

2.2. The "Purchaser" is obliged to pay the "Licensor" the cost of the "Software product" license.

2.3. This present agreement is considered to be concluded and comes into force from the moment of its signing by both parties.

2.4. This present agreement has the whole contents of agreements between the parties in respect of the subject of the present agreement, cancels and makes ineffective all other obligations or suggestions that can be accepted and made by the parties in written as well as in oral form, before signing the present agreement.

2.5. This present agreement is made up in two copies that have equal legal force, one of which is in "Licensor's" use, the other is in "Purchaser's".

3.1. The cost of the "Software product" license is 1985 USD.

3.2. The payment should be made not later than seven days from the moment of concluding this present agreement.

3.3. Money should be transferred to the corporate bank account of the "Licensor", which is mentioned below.

4.1. The "Purchaser" obliges to meet the provisions of this present License Agreement if he/she installs, make copies and uses the "Software product" in some other way. If the "Purchaser" does not take the provisions of the License agreement then he/she does not have any rights to use this present "Software Product".

4.2. "Licensor" grant to the "Purchaser" the following non-exclusive rights under condition that the "Purchaser" observes all provisions and terms of the present License Agreement:

4.2.1. Installation and use. It is allowed to install and use copies of the "Software product" on personal computers that can be work stations, terminals or any other digital electronic devices (herein after referred as to the "computers") for use within the company of the "Purchaser" only.

4.2.2. To use the "Software product" for creation of one own software product in compliance with the present agreement. It is prohibited to use the "Software product" for creation of more than one own software product, including any additions of the own software product after official completion of works over initial software product, excluding introduction of corrections and amendments, and also recovery of errors that made by the "Purchaser" when creation of the own software product, and discovered after official completion of all works over the own software product. Any rights in respect to the "Software product" that were delegated to the "Purchaser" by the "Licensor" are not spread on complete or partial copies of the software product produced by the "Purchaser".

4.2.3. The right on spreading the compiled part of the "Software product" as a part of the other software product, made by the "Purchaser" with the use or on the basis of the present "Software product".

4.2.4. It is allowed to make copies of the "Software product" only for the purpose of archiving and reserve copying or according to items 4.2.1. and 4.2.2. of this present License agreement.

4.3. Except for the cases discussed in items 4.2.1, 4.2.2, 4.2.3 and 4.2.4 of the present agreement, it is prohibited to copy or to duplicate the "Software product" or its constituent parts by any other way, change or produce derivative products on the basis of the "Software product" or its constituent parts, spread copies of the "Software product" or its constituent parts by means of their sale or by any other means, transferring the right of property on them, rent the "Software product" or its constituent parts or transfer into temporary use or demonstrate "Software product" or its constituent parts publicly.

4.4. It is prohibited to open the technology and decompile, disassemble the "Software product" and its components.

4.5. The "Software product" should be used in compliance with the legislation currently in force.

4.6. Property rights on the software product that was made with the use of "Software product" belong to the "Purchaser" wholly. Though it is not applied to component parts or libraries of the "Software product" that are, at the same time, responsible for proper work of the software product of the "Purchaser" or are the integral part of the software product of the "Purchaser".

4.7. This present License agreement does not give the "Purchaser" any rights regarding any trade marks or names that belong to the "Licensor" and also it does not give any rights on the "Software product" itself or its components except for those mentioned in this present License Agreement.

4.8. "Licensor" can render services in technical support of the "Software product" (herein after referred as to the "Technical Support"). Any additional programs and source codes transferred to the "Purchaser" in the course of rendering services in "Technical Support" should be considered as the constituent part of the "Software product" and also are subjected to the provisions and terms of the present agreement. Technical data that is reported to the "Licensor" when he/she refers to the "Technical Support" can be used by the "Licensor" for his internal aims including "Technical support" and programming.

4.9. "Licensor" provides the "Purchaser" with free "Technical Support" for the period of 30 calendar days from the moment of entering into this present agreement. "Technical Support" is realized on the contract basis when the period is over.

5.1. All property rights and author's rights on the "Software product" and regarding it belong to the "Licensor" and are protected by copyright acts and standards of international laws in the field of author's rights protection, and also other laws and provisions about protection of intellectual property.

5.2. The "Software product" can not be copied, sold, spread or used in any other way that is not mentioned in the present agreement without preliminary written consent of the "Licensor" on it.

6.1. The "Purchaser" himself is completely responsible for use of the "Software product". Mostly that is allowed by the legislation that is currently in force the "Licensor" refuses from granting any guarantees, obvious or implied including marketability, harmlessness or applicability for any specific aim.

6.2. The "Licensor" refuses to be materially responsible for any specific, occasional, circumstantial or related damage (i.e. all, without exception, kinds of losses: not received profit, creation of business obstacles, discontinuance of enterprise's activity, loss of important information or any other material loss or any other losses) that appeared due to use or impossibility to use this "Software product" even if the "Licensor" was notified about the possibility of this kind of damage.

7.1. All disputes and arguments that may arise between the parties that are not stipulated by the agreement will be discussed in negotiations like manner.

7.2. If the discrepancies are not settled during negotiations then they are settled in accordance with standards of the international law.

8.1. This present agreement may be changed or terminated by means of written agreement of the parties and also in other cases that are stipulated by the legislation currently in force and the present agreement.

8.2. The "Licensor" has a right to terminate the validity of the present agreement (without prejudice to any of his/her rights) if the conditions and restriction of this present License Agreement were not observed.

8.3. All granted to the "Purchaser" rights, regarding the "Software product", are automatically disappearing when this present agreement is no longer in force. When the validity period of the present Agreement is over the "Purchaser" should delete all copies of the "Software product" that are at his disposal.

9.1. In case of completion of all works of the "Purchaser" over his own software product that concern use of the present "Software product", the "Purchaser" should inform the "Licensor" in ten days about official completion of all works with the "Software product".

9.2. On condition that the "Purchaser" observes all the conditions of the present Agreement the validity period of the Agreement is considered over on the moment of official completion by the "Purchaser" of all works in creation and debugging with the help of the "Software product" of one copy of one own software product. The moment of completion of all works of the "Purchaser" over his/her own software product is considered the fact of the "Purchaser's" official statement about complete readiness of his/her own software product in "Licensor's" address. In case the "Purchaser" did not make the official statement about complete readiness of the software product then the moment of completion of works is considered the fact of coming of software product into official market or the fact of deliver of the software product by the "Purchaser" to the customer, publisher or any other legal entity or natural person that have any juridical relations with the "Purchaser" regarding the software product made on the basis or with help of the present "Software product".

9.3. After the validly period of this present License Agreement is over the "Purchaser" has a right to use the "Software product" only for correction of mistakes that were made or for removal of defects in its own software product. After the validity period of the License agreement is over, any other use of the "Software product" is strongly prohibited.

10.1. Parties are exempted from the responsibility completely or partially for nonfulfillment of the obligations by this present agreement if this was for the reason of force majeure events (natural disasters, strikes, wars, adoption of statutes and by-laws by state authorities that impede the execution of the License agreement etc.), that appeared after conclusion of the present License agreement as the result of force majeure events.