NeoAxis Engine 3.5 Professional License Agreement ================== Copyright (C) 2016 NeoAxis Group Ltd. All rights reserved. Except where otherwise noted, all of the documentation and software included in the NeoAxis 3D Engine Professional License Setup package is copyrighted by NeoAxis Group Ltd. 1. LICENSE AGREEMENT This document is an agreement between NeoAxis Group Ltd ("Licensor") and Licensee regarding the use of the "NeoAxis Engine Commercial License Package" by Licensee in a products, Products X. 2. DEFINITIONS When used in this document, the following terms have the meanings described below: a. "Products X" means the products that Licensee wishes to use The SDK to develop. b. "Licensee" means the person or entity that purchased this license and wishes to use The SDK in Products X. c. "The SDK" means the "NeoAxis 3D Engine Professional SDK". 3. COPYRIGHT All material contained in the distribution library is Copyright (C) NeoAxis Group Ltd unless otherwise noted. 4. OWNERSHIP The title and ownership of the Software and shall remain with Licensor. All rights to patents, copyrights, or any other intellectual property rights shall remain with the Licensor, or their respective owner. 5. LICENSE GRANT a. Licensee may not redistribute, transfer, sub-license or sell The SDK. b. All redistributions must retain all occurrences of the above copyright notice and web site addresses that are currently in place (for example: Engine Logo). c. Modified versions in binary form must be plainly marked as such, and must not be misrepresented as being the original software. d. Licensee may sell the Software. e. Licensee may use the Software in a commercial product. f. Licensee may use the Software in object code form as as part a commercial product on the condition the Licenses agrees to all the terms of this contract. g. Licensee has the right to distribute any parts of the Software except for following file types in the package: .cs, .h, .cpp, .c; files with art content from the folder: - Project\Bin\Data\Types\Vegetation\Trees. h. Licensee may not develop a competing product. i. Licensee may install the permitted number copies of the Software by a per seat basis and only on the permitted numbers of computers indicated by a valid license granted by Licensor. If you do not accept this disclaimer of warranty or it is not enforceable in your jurisdiction, then you may not use the Software. 6. FEE a. The commencement date of this agreement is from the day that Licensor confirms this payment. 7. DISCLAIMER OF WARRANTY The Software is provided "AS IS" and any warranty, expressed or implied, including with out limitation, the implied warranties of merchantability and fitness for a particular purpose, and non-infringement of any third party rights are disclaimed. If you do not accept this disclaimer of warranty or it is not enforceable in your jurisdiction, then you may not use the Software. 8. NO LIABILITY Licensee agrees that use of the Software is at their own risk. Licensee agrees that they or any third party shall not have any claim against Licensor or anyone associated directly or indirectly with Licensor for any direct, indirect, consequential, special, exemplary, punitive, and/or other damages (including with out limitation harm, injury, loss of profits, loss of data and/or business interruption) from any cause, in connection to the use and/or distribution of the Software. If you do not accept this disclaimer of warranty or it is not enforceable in your jurisdiction, then you may not use the Software. 9. MISCELLANEOUS If any provision in this agreement is unenforceable or invalid it shall not affect the rest of the agreement. The licensee agrees to replace any unenforceable or invalid provision with a valid provision that upholds the intent of the provision to the greatest extent possible. 10.AGREEMENT This agreement constitutes the complete agreement concerning this license. Any change to this agreement must be made in writing. NeoAxis Group Ltd. http://www.neoaxis.com/