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This Agreement sets forth Pixar's Standard Terms & Conditions for obtaining a license to use the Pixar software ("Pixar Software"). This Agreement does not become binding until the end user ("End User") submits a valid purchase order which Pixar shall have the option of accepting or rejecting, in its sole discretion. In return for acquiring a license to use the Pixar Software and the accompanying documentation, End User agrees as follows:
1. License Grant. Pixar grants End User a nonexclusive, non-transferable license: (a) to use the Pixar Software on any single personal computer system located at End User's site, which site shall be a permanent physical location identified in the purchase order; and (b) to copy the Pixar Software solely for the purpose of installing it on End User's computer and for backup and archival storage. In the case of a Network License, End User may install the Pixar Software on a network server and End User may use that number of copies of the Software as have been licensed hereunder at any one time, provided the network is limited to the use of the Software within a five (5) kilometer radius from the location of the networked license server. The creation of two instances of the Pixar Software during use of the "dual processor rendering mode" of the Pixar Software shall be deemed a single licensed copy of the Pixar Software for the purposes of calculating the number of copies used pursuant to this license. End User is not authorized to grant sublicenses to use the Pixar Software nor to permit other persons to use the Software on a time-sharing or any other basis. End-User may only use the Pixar Software for authorized uses and may not use or offer the Pixar Software as a service bureau, application service provider, subcontractor or otherwise, absent Pixar's prior written consent. End User agrees to reproduce the same copyright and other proprietary notices appearing on the original Pixar Software on any copies. End User may not reproduce the Pixar Software or transfer, sell, rent, lease, loan, sublicense or distribute copies of the Pixar Software to others.
2. No Other Rights. The Pixar Software is copyrighted by Pixar and is proprietary to Pixar, which retains ownership of the Pixar Software. The license granted above is not a sale of the Pixar Software, and except as stated above, this Agreement does not give End User any rights to patents, copyrights, trade secrets, trademarks or any other rights or license with respect to the Pixar Software and documentation. End User agrees to hold the Pixar Software and documentation in confidence and to take reasonable steps to prevent unauthorized copying or disclosure.
END USER'S RIGHTS UNDER THIS LICENSE WILL TERMINATE AUTOMATICALLY WITHOUT NOTICE FROM PIXAR IF END USER FAILS TO COMPLY WITH ANY TERM(S) OF THIS LICENSE.
3. No Modifications or Reverse Compilation. END USER MAY NOT MODIFY,TRANSLATE, DISASSEMBLE, REVERSE ENGINEER, DECOMPILE OR CREATE DERIVATIVE WORKS BASED ON THE PIXAR SOFTWARE OR DOCUMENTATION OR ANY COPY, IN WHOLE OR IN PART.
4. Limited Warranty on Pixar Media. Pixar warrants only to the End User (and not to any transferee) that the disk on which the Pixar Software is recorded is free of defects in materials and workmanship under normal use, and the Pixar Software will perform substantially in accordance with the accompanying documentation, for a period of ninety (90) days from the date of original retail purchase to End User. If the disk is defective or the Pixar Software does not perform substantially in accordance with the accompanying documentation, Pixar's entire liability and End User's exclusive remedy shall be, at Pixar's option, either (a) to return the End User, the price paid for the Pixar Software or (b) to repair or replace the Pixar Software at no charge, if it is returned to Pixar at the address below or to the location where obtained along with proof of payment within ninety (90) days after End User purchased it. If the defect or nonconformance has resulted from accident, misuse, or misapplication of the Pixar Software, Pixar shall have no obligation to refund End User's license fee or repair or replace the Pixar Software.
THE ABOVE WARRANTY IS THE ONLY WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE PIXAR SOFTWARE AND ANY ASSOCIATED DOCUMENTATION MADE BY PIXAR OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE PIXAR SOFTWARE AND DOCUMENTATION.
5. Disclaimer of Warranty on Pixar Software. End User expressly acknowledges and agrees that use of the Pixar software is at End User's sole risk. The Pixar Software is provided "AS IS" and without warranty of any kind. PIXAR EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. PIXAR DOES NOT WARRANT THAT THE PIXAR SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. PIXAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PIXAR SOFTWARE WILL MEET END USER'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, PIXAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE THAT MAY BE OBTAINED WITH THE PIXAR SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
6. Limit of Liability. IN NO EVENT SHALL PIXAR OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR LICENSING OF THE PIXAR SOFTWARE BE LIABLE TO END USER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF THE PIXAR SOFTWARE, EVEN IF PIXAR OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE PIXAR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PIXAR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY THE END USER.
7. Government End Users. If the Pixar Software is acquired directly or indirectly on behalf of a unit or agency of the United States Government, this provision applies. For civilian agencies: The Pixar Software was developed at private expense and is "restricted computer software" submitted with restricted rights in accordance with subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights clause at 52.227-19 of the Federal Acquisition Regulations ("FAR") and its successors; and is unpublished and all rights are reserved under the copyright laws of the United States. For units of the Department of Defense ("DoD"): The Pixar Software is licensed only with "Restricted Rights" as that term is defined in the DoD Supplement to the FAR, clause 52.227-7013(c)(1)(ii), Rights in Technical Data and Computer Software and is successors, and use, duplication or disclosure is subject to the restrictions set forth therein. Pixar Animation Studios, 1200 Park Avenue, Emeryville, CA 94608.
8. Effect of State Laws. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The warranty in Section 4 gives you specific legal rights and you may also have other rights which vary from state to state.
9. Choice of Law and Severability. The Agreement will be governed by the laws of the state of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall remain in full force and effect.
10. Term. This Agreement shall remain in effect until terminated or set further below. End User may terminate the Agreement and the license it grants at any time by destroying the Pixar Software and documentation and all copies or by returning them to Pixar. Pixar has the right to terminate this Agreement and the license it grants immediately if End User fails to comply with any term or condition of this Agreement. End User agrees that upon any such termination by Pixar, End User will destroy the Pixar Software and documentation and all copies.
11. Export Law Assurances. End User may not use or otherwise export or reexport the Pixar Software except as authorized by United States law and the laws of the jurisdiction in which the Pixar Software was obtained. In particular, but without limitation, the Pixar Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Pixar Software, End User represents and warrants that End User is not located in, under control of, or a national or resident of any such country or on any such list.
12. Integration. END USER ACKNOWLEDGES AND AGREES THAT END USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND THAT IT IS THE ENTIRE AGREEMENT BETWEEN PIXAR AND END USER WHICH SUPERSEDES ANY PRIOR AGREEMENT, WHETHER WRITTEN OR ORAL, AND ANY OTHER COMMUNICATIONS BETWEEN PIXAR AND END USER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND THAT YOUR OBLIGATIONS UNDER THIS AGREEMENT SHALL INURE TO THE BENEFIT OF ANY PIXAR SUPPLIERS WHOSE RIGHTS ARE LICENSED UNDER THIS AGREEMENT. This Agreement may be modified only by a written document signed by Pixar.
13. Communications. If you have any questions about this Agreement, or if you desire to contact Pixar for any reason, please write: Pixar Animation Studios, 1200 Park Avenue, Emeryville, CA 94608. Phone (510) 922-3000.