END USER LICENSE TERMS
1. Definitions.
"Mark" means "Topicscape";
"Software" means the software called "Topicscape Student Edition", and where the context requires shall include explanatory materials relating to the Software and Upgrades;
"Terms" means the terms and conditions contained herein;
"Upgrades" means upgrades, modified versions, updates and additions to the Software, if any, licensed to you by 3D-Scape;
"Use" or "Using" means to access, install, download, copy the Software or otherwise benefit from it;
"User" means a person who Uses the Software; and
"3-D Scape" means 3D-Scape Limited, a company incorporated under the laws of Hong Kong.
2. Software License. As long as you comply with these Terms, 3-D Scape grants to you a non-exclusive license to Use the Software.
2.1 Use. You may Use copies of the Software on one or more computer systems.
2.2 Backup copy. You may make backup copies of the Software.
3. Intellectual Property Rights. The Software and any copies that you are authorized by 3-D Scape to make are the intellectual property of and are owned by or licensed to 3-D Scape. The Software is protected by copyright including without limitation the Copyright Ordinance under the laws of Hong Kong, international treaty provisions and applicable laws in the jurisdictions in which it is used. You agree not to copy the Software, except as set forth in Section 2; not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software; and not to modify, adapt or translate the Software. Any information supplied by 3-D Scape or obtained by you, as permitted hereunder, may not be disclosed to any 3rd party or used to create any software which is similar to the Software. The intellectual property rights of the Mark belongs to or is licensed to 3-D Scape and cannot be used by the User except for identifying the Software.
4. Transfer. You may not rent, lease, sublicense or authorize all or any portion of the Software to be copied unless expressly permitted herein. You may, however, provide information about where to obtain a copy of Topicscape Student Edition to another person or legal entity provided that this is directly from the Internet web site at http://www.topicscape.com
5. Disclaimer.
To the extent permitted by applicable laws, 3-D Scape:
5.1 disclaims all warranties with respect to the Software, either express or implied, including but not limited to any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result;
5.2 makes no warranty that the Software is error free or that its use will be uninterrupted and the User acknowledges and agrees that the existence of such errors shall not constitute a breach of these Terms;
5.3 does not give any warranty in respect of third party components or products incorporated in the Software.
6. Liability.
6.1 Save in respect of claims for death or personal injury arising from 3-D Scape's negligence, 3-D Scape's liability to the User under these Terms or for any cause whatsoever will be for direct costs and damages only and will be limited to the price paid by the User for the Software that is subject to the User's claim.
6.2 Under no circumstance shall 3-D Scape be liable for any damages resulting from loss of data or use, lost profits, loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of any act or omission of 3-D Scape whether or not such damages were reasonably foreseeable or actually foreseen.
7. Component software. The Software incorporates as separable libraries without modification various items of open source software, which are acknowledged hereunder:
* FreeType Team Portions of this software are copyright (c) 1996-2005 The FreeType Project [Website: http://www.freetype.org]. All rights reserved.
* PCF driver Copyright (c) 2000 by Francesco Zapper Nardelli [website: http://www.di.ens.fr/~zappa/pcfdriver.txt]
* Software developed by Borland Software Corp. [Website: http://info.borland.com/devsupport/interbase/opensource/]
* Software developed by Firebird Foundation Incorporated [Website: http://firebird.sourceforge.net/]
* Under the Apache license [Website: http://www.apache.org/]:
The following two items are Licensed under the Apache License, Version 2.0 (the "Apache License"); You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License.
i. Lucene [website: http://lucene.apache.org/]
ii. Log4j [Webiste: http://logging.apache.org/log4j/docs/index.html]
* The following five items are Licensed under the GNU Library Public License [Website: http://www.gnu.org/]:
i. Fastutil [Website: http://fastutil.dsi.unimi.it/]
ii. Jaybird [Website: http://freshmeat.net/projects/jaybird/]
iii. Jcalendar [Website: http://flib.sourceforge.net/JCalendar/doc/]
iv. Trove [Website: http://trove4j.sourceforge.net/]
v. GL4Java [website: http://gl4java.sourceforge.net/]
The terms of these licenses can be viewed at their respective websites and shall be deemed to be repeated hereunder. You undertake not to breach any of the terms of such licenses (including their amendments from time to time).
3-D Scape has not caused any modification to be made to any of the open source software mentioned above and the Software merely links to the interfaces of the open source software mentioned.
In compliance with Clause 3.5 of the Interbase Public License and Initial Developer's Public License (Firebird License), we include the respective notices under such Licenses as follows:
(I) Interbase Public License
The contents of this file are subject to the Interbase Public License Version 1.0 (the "IB License"); you may not use this file except in compliance with the IB License. You may obtain a copy of the IB License at http://www.Interbase.com/IPL.html
Software distributed under the IB License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the IB License for the specific language governing rights and limitations under the IB License.
The Original Code was created by InterBase Software Corp and its successors.
Portions created by Borland/Inprise are Copyright (C) Borland/Inprise. All Rights Reserved.
(II) Initial Developer's Public License (Firebird)
The contents of this file are subject to the Initial Developer's Public License Version 1.0 (the "IDP License"); you may not use this file except in compliance with the IDP License. You may obtain a copy of the IDP License from the Firebird Project website, at http://www.firebirdsql.org/index.php?op=doc&id=idpl.
Software distributed under the IDP License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the IDP License for the specific language governing rights and limitations under the IDP License.
The Original Code is based on InterBase 6.01. The Initial Developer of that Original Code is Borland/Inprise.
Portions created by Borland/Inprise are Copyright (C) Borland/Inprise. All Rights Reserved.
Portions created by Firebird Foundation Incorporated are Copyright (C) Firebird Foundation Incorporated. All Rights Reserved.
Contributor(s): Firebird Foundation Incorporated.
8. General Provisions. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of these Terms, which shall remain valid and enforceable according to its terms. Upgrades may be licensed to you by 3-D Scape with additional or different terms. These Terms govern all aspects of the license relating to the Software and supercede any prior representations, undertakings, communications or advertising relating to the Software.
9. Governing laws. These Terms are governed by the laws of Hong Kong and the User submits to the non-exclusive jurisdiction of the Hong Kong courts.
10. U S Government End Users. The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.