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This Agreement sets forth Pixar's= Standard Terms & Conditions for obtaining a license to use the Pixar s= oftware ("Pixar Software"). This Agreement does not become binding until th= e end user ("End User") submits a valid purchase order which Pixar shall ha= ve the option of accepting or rejecting, in its sole discretion. In return = for acquiring a license to use the Pixar Software and the accompanying docu= mentation, 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 pers= onal computer system located at End User's site, which site shall be a perm= anent physical location identified in the purchase order; and (b) to copy t= he Pixar Software solely for the purpose of installing it on End User's com= puter 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 hereund= er at any one time, provided the network is limited to the use of the Softw= are within a five (5) kilometer radius from the location of the networked l= icense server. The creation of two instances of the Pixar Software during u= se of the "dual processor rendering mode" of the Pixar Software shall be de= emed a single licensed copy of the Pixar Software for the purposes of calcu= lating 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 oth= er persons to use the Software on a time-sharing or any other basis. End-Us= er may only use the Pixar Software for authorized uses and may not use or o= ffer 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 appear= ing on the original Pixar Software on any copies. End User may not reproduc= e the Pixar Software or transfer, sell, rent, lease, loan, sublicense or di= stribute copies of the Pixar Software to others.
2. No Other Rights. The Pixar Software is copyrighted b= y Pixar and is proprietary to Pixar, which retains ownership of the Pixar S= oftware. 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 t= o patents, copyrights, trade secrets, trademarks or any other rights or lic= ense with respect to the Pixar Software and documentation. End User agrees = to hold the Pixar Software and documentation in confidence and to take reas= onable 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 COM= PLY WITH ANY TERM(S) OF THIS LICENSE.
3. No Modifications or Reverse Compilation. END USER MA= Y 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 Pix= ar Software is recorded is free of defects in materials and workmanship und= er normal use, and the Pixar Software will perform substantially in accorda= nce with the accompanying documentation, for a period of ninety (90) days f= rom the date of original retail purchase to End User. If the disk is defect= ive or the Pixar Software does not perform substantially in accordance with= the accompanying documentation, Pixar's entire liability and End User's ex= clusive remedy shall be, at Pixar's option, either (a) to return the End Us= er, the price paid for the Pixar Software or (b) to repair or replace the P= ixar 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 ninet= y (90) days after End User purchased it. If the defect or nonconformance ha= s resulted from accident, misuse, or misapplication of the Pixar Software, = Pixar shall have no obligation to refund End User's license fee or repair o= r replace the Pixar Software.
THE ABOVE WARRANTY IS THE ONLY WARRANTY O= R REPRESENTATION OF ANY KIND WITH RESPECT TO THE PIXAR SOFTWARE AND ANY ASS= OCIATED DOCUMENTATION MADE BY PIXAR OR ANYONE ELSE INVOLVED IN THE CREATION= , PRODUCTION, DELIVERY, OR LICENSING OF THE PIXAR SOFTWARE AND DOCUMENTATIO= N.
5. Disclaimer of Warranty on Pixar Software. End User e= xpressly acknowledges and agrees that use of the Pixar software is at End U= ser's sole risk. The Pixar Software is provided "AS IS" and without warrant= y 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 T= HIRD 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 DOE= S NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESUL= TS OF THE USE THAT MAY BE OBTAINED WITH THE PIXAR SOFTWARE OR RELATED DOCUM= ENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE= .
6. Limit of Liability. IN NO EVENT SHALL PIXAR OR ANYON= E ELSE INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR LICENSING OF THE P= IXAR SOFTWARE BE LIABLE TO END USER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDEN= TAL, 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 CREATIO= N, PRODUCTION, DELIVERY, OR LICENSING OF THE PIXAR SOFTWARE HAS BEEN ADVISE= D OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PIXAR'S LIABILITY FO= R ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EX= CEED THE LICENSE FEE PAID BY THE END USER.
7. Government End Users. If the Pixar Software is acqui= red directly or indirectly on behalf of a unit or agency of the United Stat= es Government, this provision applies. For civilian agencies: The Pixar Sof= tware was developed at private expense and is "restricted computer software= " submitted with restricted rights in accordance with subparagraphs (a) thr= ough (d) of the Commercial Computer Software--Restricted Rights clause at 5= 2.227-19 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 Pix= ar Software is licensed only with "Restricted Rights" as that term is defin= ed in the DoD Supplement to the FAR, clause 52.227-7013(c)(1)(ii), Rights i= n Technical Data and Computer Software and is successors, and use, duplicat= ion or disclosure is subject to the restrictions set forth therein. Pixar A= nimation Studios, 1200 Park Avenue, Emeryville, CA 94608.
8. Effect of State Laws. Some states do not allow the e= xclusion of implied warranties or limitations on how long an implied warran= ty may last, or the exclusion or limitation of incidental or consequential = damages, so the above limitations or exclusions may not apply to you. The w= arranty 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 b= e governed by the laws of the state of California. If for any reason a cour= t of competent jurisdiction finds any provision, or portion thereof, to be = unenforceable, the remainder of this Agreement shall remain in full force a= nd effect.
10. Term. This Agreement shall remain in effect until t= erminated or set further below. End User may terminate the Agreement and th= e license it grants at any time by destroying the Pixar Software and docume= ntation and all copies or by returning them to Pixar. Pixar has the right t= o terminate this Agreement and the license it grants immediately if End Use= r fails to comply with any term or condition of this Agreement. End User ag= rees that upon any such termination by Pixar, End User will destroy the Pix= ar Software and documentation and all copies.
11. Export Law Assurances. End User may not use or othe= rwise 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 no= t 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 a= nd warrants that End User is not located in, under control of, or a nationa= l 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 EN= D USER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND THAT YOUR OBLI= GATIONS UNDER THIS AGREEMENT SHALL INURE TO THE BENEFIT OF ANY PIXAR SUPPLI= ERS WHOSE RIGHTS ARE LICENSED UNDER THIS AGREEMENT. This Agreement may be m= odified only by a written document signed by Pixar.
13. Communications. If you have any questions about thi=
s Agreement, or if you desire to contact Pixar for any reason, please write=
: Pixar Animation Studios, 1200 Park Avenue, Emeryville, CA 94608. Phone (5=
10) 922-3000.