This developer's software license ("License") contains rights and restrictions associated with the use of Mogware's Collada.net source code and binaries ("Software"). The Software includes the object code, source code, associated media, any printed materials, any updates, and any "online" or electronic documentation, as applicable. By downloading an electronic copy and/or opening the seal of media or package containing the Software or installing the software, you ("You" or "User") are indicating your acceptance of the terms, conditions, and disclaimers set forth in this agreement ("Agreement"). Written assent is not a prerequisite to the validity or enforceability of this Agreement.
Grant of License
Software Use and Development License Grant. Subject to the terms and conditions of this Agreement. Mogware grants you a non-exclusive, non-transferable, per-developer, limited license to reproduce and use internally the Software when designing, developing, and testing your own (commercial or non-commercial) Programs. License to Distribute Software. Subject to the terms and conditions of this Agreement. Mogware grants you a non-exclusive, non-transferable, limited license without fees to modify, reproduce and distribute the Software, provided that (i) you don't distribute the source code, (ii) the Software is not rebranded and sold as a competing product, (iii) you accept all liability of the Software as is and not hold Mogware liable in any way for damages or loss of data by either you or any of your customers, (iv) you agree to defend and indemnify Mogware and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
Software is confidential and copyrighted. Title to Software and all associated intellectual property rights are retained by Mogware and/or its licensors. No right, title or interest in or to any trademark, service mark, logo or trade name of Mogware or its licensors are granted under this Agreement. This Agreement expressly prohibits the (public or private) distribution or display of Software in an indexed library or collection of code, or any use (public or private) that distributes or displays Software for purposes of providing a central source of code for others' use.
Software Copyright (c) 2009 Mogware, Inc., 405 South 100 East, Suite 11, Pleasant Grove, Utah, 84062, USA. All rights reserved.
DISCLAIMER OF WARRANTY
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MOGWARE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF MOGWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Mogware's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
As a condition of use of the Software, the User agrees to hold harmless, defend, and indemnify Mogware and its affiliates, modifiers, and contributors from and against any and all liabilities, expenses (including attorneys' fees), and/or damages arising out of claims resulting from User's use of this Software, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions and the terms and conditions incorporated by reference herein.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Mogware if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
Any action related to this Agreement will be governed by Utah law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
This Agreement is the entire agreement between you and Mogware relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.