------------------------------------------------------- *** MatchMove Assistant for Poser Pro END USER LICENSE AGREEMENT (EULA) *** ------------------------------------------------------- DEFINITIONS ------------------------------------------------------- - Allowed Content: All content that does not fall under the Restricted Content definition (see below). - Company: Anakele Vision and Design, Inc., its parent company, and/or its subsidiaries. - Content: images, DirectPython scripts, etc., created with the intent of being used within the Program and/or third party applications. - Documentation: Any written material in any form supplied with the Program and/or written material provided by authorized agents or representatives of the Company. - Program: Computer software and associated files in Proprietary File Formats contained within the accompanying physical media. - Restricted Content: All proprietary data, included content, derivative content, files, images, and otherwise copyrighted, trademarked, and/or patented material supplied within the accompanying digital media. - Third-Party: Any company and/or individual who are not authorized agents or representatives of the Company. Anakele Vision and Design, Inc. (Company), a Pennsylvania-based Corporation, provides the Program and the Documentation in this package and licenses its use. ------------------------------------------------------- THIRD-PARTY TECHNOLOGY ------------------------------------------------------- ------------------------------------------------------- GENERAL ------------------------------------------------------- A. Anakele Vision and Design maintains an ongoing EULA enforcement program. Violation of any provision in this EULA automatically terminates this EULA and may subject you to civil and/or criminal prosecution at the Company's sole discretion. B. Your payment of the license fee grants you a LIMITED, PERSONAL, and NON EXCLUSIVE license to use Program and Documentation in accordance with all of the terms stated in this EULA. This license is NON TRANSFERABLE except as expressly permitted in this EULA or by US copyright law. C. You expressly acknowledge that the Company has a valuable proprietary interest in both the Program and the Documentation. All title, ownership, and rights to the Program and the Documentation not expressly granted to you by this EULA and applicable laws remain with the Company. D. You cannot use, copy, modify, derive, or transfer Program or Documentation or any copy, modification, derivation, or merged portion thereof in whole or in part via any means or for any purpose whatsoever except as expressly provided in this EULA. E. You assume full responsibility for your selection of the Program to achieve your intended results and for the installation, use, and results you obtain from the Program. F. You may only use the Program on a single computer, meaning that you must treat the Program like a book. "Like a book" means that the Program may be used by any number of people and may be freely moved from one computer to another so long as no possibility exists of the Program being used at more than one computer simultaneously. More than one person at a time cannot read the same copy of a book, and this restriction applies to the Program. The Company is pleased to offer site licenses for multiple simultaneous users. Please contact the Company at the address below for details. G. You, your employees, and/or authorized agents must protect the Program's confidentiality and act to enforce this EULA. You cannot distribute or otherwise make the Program or Documentation available to any third party via any means whatsoever, public or private, for any purpose, commercial or not, unless explicitly allowed by either this EULA or applicable US copyright law. H. You may not copy or reproduce the Program or the Documentation except to make one (1) archival copy of the Program for your personal backup purposes, in support of your using the Program in full compliance with this EULA. You may not transfer this archival copy or permit this archival copy to be transferred to any other person or entity via any public or private means whatsoever, whether for compensation or not, unless this archival copy is part of a one-time permanent transfer of the Program, the Documentation, and all rights to use the Program and the Documentation granted by this EULA. Further, you must reproduce and include the Company's copyright notice on the archival copy of the Program. Company retains full ownership, title, and all other rights to the copy of the Program contained on your archival media, and all of the terms of this EULA apply to this archival copy as if it was the original Company-produced copy of the Program that was furnished to you when you paid the licensing fee. I. You cannot reverse engineer, decompile, debug, disassemble, circumvent security features, or interfere with the normal Program functionality and operation for any reason whatsoever without the express prior written consent of the Company. Any such activity performed without the required consent is a violation of this EULA that may subject you to civil and/or criminal prosecution at the Company's sole discretion. J. Any portion of the Program merged into or used in conjunction with another program remains the property of the Company and subject to this EULA. You must reproduce and include the Company's copyright notice on any portion of the Program merged in or used in conjunction with another program. K. The sale of legal copies of the Program and the Documentation is restricted in accordance with US copyright law and any existing distributor and/or reseller agreements currently in effect between the Company and authorized distributors/resellers. This EULA does not grant the user the ability to act as a reseller of the Product or the Documentation. You may perform one permanent transfer of assignment of your personal copy of the Program, the Documentation, and this End User License Agreement as permitted under US copyright law provided all materials shipped with the Product (including the Program, the Documentation, the Allowed Content, the Restricted Content, and all rights granted by the EULA) are complete and unaltered and that all copies in your possession in original and converted forms are transferred. The party receiving the permanent transfer must accept the terms and conditions of this EULA and any other terms and conditions upon which you legally purchased a license to the Program. L. You may not rent, lease, sublicense, or lend any versions or copies of the Program that you do not use. If the Program is an update to a previous version of the Program, you must possess and maintain a valid license to such previous version in order to use the update. M. You may continue to use the previous version of the Program on your computer provided that all previous End User License Agreements are observed. You may not transfer the previous version without transferring or destroying the updated version. ------------------------------------------------------- CONTENT DISTRIBUTION ------------------------------------------------------- A. As used in this section, the term "Restricted Content" means all files and data included with or part of the Program including but not limited to: - Python scripts. - Included image files - Included Documentation. - Restricted Content extracted or exported from the Program remains Restricted Content except as expressly permitted by this agreement. B. Third-party content included with Program and Documentation is copyrighted and owned by the original content creators. C. The Company claims full ownership and copyright rights to all Company-created Restricted Content and all derivatives of these files which are not expressly permitted by this agreement. D. You cannot sell, resell, distribute, cause to be distributed, or allow any portion of the Restricted Content to be distributed under any circumstances, via any public or private medium, except where expressly permitted by this EULA and US copyright law, without the Company's prior written consent, a copy of which must be furnished with all Restricted Content distributed in accordance with this section. You may only use the Restricted Content for exclusive use on one computer unless authorized within this EULA and/or the contents of the Company's official written consent. E. You may copyright and distribute object or python files the Restricted Content without restriction or royalty to Company provided you do not violate other clauses of this agreement. F. - G. You may export geometry data for use in other third party software packages provided that you do not violate any terms of this agreement. You may not sell, distribute, or copyright exported Restricted Content geometry data in any format of any kind unless expressly permitted by this agreement. Re-triangulated, simplified, subdivided, or other Derivative forms of exported geometry data remain Restricted Content. H. You may use and distribute the Allowed Content in accordance with all applicable license terms imposed by the content's original creator. The Company does not enforce third-party rights. I. The purpose of defining certain content as Restricted Content is to protect the Company's investment, interests, and ownership of Restricted Content. It is not the Company's policy to unreasonably restrict or inhibit any third party's creative or commercial activities. The following are Legitimate Uses of Restricted Content: - Creating tutorials, books, or other educational materials using images of Program interface for sale, distribution, public display, etc., provided they are intended to educate users as to use of the Program, or when used under the "fair use" guidelines of US copyright law. Any other use of images of the Program interface must be approved by the Company's prior written consent. - Creating original content (props) for Restricted Content for sale, distribution, public display, etc. - Creating PoserPython scripts. J. As part of the legitimate uses for Restricted Content outlined above, you may reproduce, distribute, sell, copyright, publicly display, and publicly perform using Restricted Content provided that such activity is limited to the Legitimate Uses enumerated above and does not violate any other clauses in this agreement and/or applicable US copyright laws. ------------------------------------------------------- APPROPRIATE USE ------------------------------------------------------- You may not use the Program in any manner that violates any applicable laws in your locality. The Company is not responsible for any illegal use of this software. ------------------------------------------------------- TERM ------------------------------------------------------- This EULA remains in full force and effect until terminated. You may terminate it at any time by returning the Program and the Documentation to the Company together with all copies, modifications, and merged portions of the Product and the Documentation in any form. The Company is in no way obliged to issue refunds in cases where the original CD jacket seal has been broken. This EULA will also terminate upon the conditions set forth elsewhere in this EULA, including but not limited to your violation of any of the provisions herein. Upon termination, you must immediately return both the Program and the Documentation to the Company along with all copies, modifications, and merged portions in any form. Termination of this EULA for any reason in no way limits the Company's right to continue enforcing all rights provided by law and does not entitle you to a refund of your license fee except as provided herein. All provisions of this EULA that protect the Company's proprietary rights continue in full force and effect after termination. ------------------------------------------------------- LIMITED WARRANTY ------------------------------------------------------- As the Program's and Documentation's sole warranty, the Company warrants that the original physical medium on which the Program and the Documentation is distributed free from defects in materials and workmanship under normal usage conditions for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. No distributor, dealer, or any other entity or person is authorized to expand or alter either this warranty or this EULA, and the Company will not be bound by any such representation in any way. The Company does not warrant that the Program's functionality will meet your requirements or that the Program operation will be uninterrupted or errorfree. Except as stated in this EULA, the Program and the Documentation are provided to you as-is without any expressed or implied warranty of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose. You assume the entire risk of the Program's and the Documentation's quality and performance. Should the Program prove defective you (and not the Company, authorized Company Distributor, or dealer) assume the entire cost of all necessary servicing repair or correction. This warranty gives you specific legal rights. You may also have other rights, which vary from state to state and from country to country. Some states and countries do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. ------------------------------------------------------- LIMITATION OF REMEDIES ------------------------------------------------------- The Company's entire liability and remedy will be either: - Replacing any original physical medium not meeting the Company's 'Limited Warranty' explained above, which you return to the Company or an authorized Company distributor or dealer along with a copy of your receipt. - If the Company cannot deliver a replacement physical medium conforming to the warranty provided within this EULA, you may terminate this Agreement by returning the Program and the Documentation to the Company, authorized Company Distributor, or dealer for a refund of your license fee. ------------------------------------------------------- PRODUCT RETURNS ------------------------------------------------------- If you must ship the Program and the Documentation to an authorized Company Distributor, Dealer, or the Company, you must pay all shipping costs and insure the Program and the Documentation for the full license fee. If you are returning the Program to the Company for replacement of a defective physical medium during the ninety (90) day warranty period, please provide your full name and address, the original defective physical medium, and a copy of your receipt to the address provided below. Prior to returning the Program, please contact the Company for a Return Merchandise Authorization (RMA) number at the address below. In no event will the Company be liable to you for any damages, whether direct, indirect, incidental, or consequential, including damages for any lost profits, lost savings, or other incidental or consequential damages arising out of your use or inability to use the Program and the Documentation, even if the Company has been advised of the possibility of such damages or for any claim by any other party. Some states and countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Company liability for damages to you or any other person ever exceed the amount of the license fee paid by you to use the Program regardless of the form of the claim. ------------------------------------------------------- U.S. GOVERNMENT RESTRICTED RIGHTS ------------------------------------------------------- The Program and The Documentation are provided with restricted rights. The use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. The Contractor/Manufacturer is Anakele Vision and Design, Inc. ------------------------------------------------------- APPLICABLE LAW ------------------------------------------------------- The laws of the state of Pennsylvania govern this EULA, except that federal and international law governs copyrights, patents, and registered trademarks. Should any court having appropriate jurisdiction find any provision of this EULA invalid, that particular provision will be deemed null and void and will not affect the validity of any other provision of this EULA. ------------------------------------------------------- CONTACT INFORMATION ------------------------------------------------------- If you have questions concerning this EULA or need to contact Customer Service, please contact Company at this address: Anakele Vision and Design, Inc. 5719 Ogontz Avenue Philadelphia, Pa. 19141 (215) 840-6553 phone Customer Service (returns, warranty): forgedbyflash@aol.com Legal (EULA questions, illegal activity reporting): forgedbyflash@aol.com For technical support : forgedbyflash@aol.com ------------------------------------------------------- COPYRIGHT ------------------------------------------------------- The Program and the Documentation are ©2006-2007 Anakele Vision and Design, Inc. and e frontier, Inc. All rights reserved. The Anakele Vision and Design logo is a trademark of Anakele Vision and Design, Inc. Anakele Vision and Design and Poser are registered trademarks of Anakele Vision and Design, Inc. and e frontier, Inc. All other product names mentioned in the Program, the Documentation, or other documentation are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used herein are the exclusive property of their respective owners. ============================================================ MICROSOFT DirectX 9.0c ============================================================ SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ("Supplemental EULA") IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS. NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS XP MEDIA CENTER EDITION, MICROSOFT WINDOWS 95, WINDOWS 98, WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA. Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable OS Product EULA. General. Each of the OS Components available from this site is identified as being applicable to one or more of the OS Products. The applicable OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the applicable OS Product (which are hereby incorporated by reference except as set forth below), the terms and conditions set forth in this Supplemental EULA, and the terms and conditions of any additional end user license agreement that may accompany the individual OS Components (each an "Individual EULA"), provided that you comply with all such terms and conditions. To the extent that there is a conflict among any of these terms and conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the Individual EULA; 2) the terms and conditions in this Supplemental EULA; and 3) the terms and conditions of the applicable OS Product EULA. Additional Rights and Limitations. * If you have multiple validly licensed copies of any OS Product, you may reproduce, install and use one copy of the applicable OS Components as part of the applicable OS product on all of your computers running validly licensed copies of the applicable OS Product, provided that you use such additional copies of such OS Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one additional copy of the applicable OS Components solely for archival purposes or reinstallation of the OS Components on the same computer as the OS Components were previously installed. Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are reserved by Microsoft. * If you are installing the OS Components on behalf of an organization other than your own, prior to installing any of the OS Components, you must confirm that the end-user (whether an individual or a single entity) has received, read and accepted these terms and conditions. * The OS Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor. * You may not disclose the results of any benchmark test of the .NET Framework component of the OS Components to any third party without Microsoft’s prior written approval. SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE ONLY LICENSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY CONTAINS A VERSION OF THE MICROSOFT VIRTUAL MACHINE FOR JAVA. IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS: DISCLAIMER OF WARRANTIES. 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