OCEAN-OF-BLUE END-USER LICENSE AGREEMENT

This is a legally binding agreement between you (either an individual or a single entity), referred to herein as « YOU », and Ocean3DInteractive. This software entitled OceanOfBlue and all materials included in it are referred to herein as the « SOFTWARE » or the « DOCUMENTS ». Installing, opening or using all or any portion of this software indicates your acceptance of all the terms and conditions of this End-User License Agreement referred to herein as « EULA » and that this agreement is equivalent to a written agreement signed by you. By selecting the box « I ACCEPT THE TERMS IN THE LICENSE AGREEMENT » or performing a similar electronic function, you are providing your acceptance of the terms of this agreement. This agreement is enforceable against you and any legal entity that obtained the software and on whose behalf it is used. If you do not agree to the terms of this agreement, please do not use this software.

IT IS ILLEGAL AND STRICTLY PROHIBITED TO CORRECT, REPLACE OR REMOVE THIS LICENSE FROM THE SOFTWARE.

The use of this software is governed by the terms and conditions set forth herein. Please read them carefully. This EULA is applicable to all of the Documents included in the Software and to the Software in its whole part. You are deemed to have read, understood and accepted the terms of this EULA when you install or use the Software.

1.  GRANTED LIMITED LICENSE.  Ocean3DInteractive grants you a limited, non-exclusive license to install one copy of the version of the Software on one individual computer with constant hardware configuration for your own use provided that such computer does not render the Software accessible to other users through local or Internet networks or other methods. Only the individual that installed the Software will have the license to use the Software. Use by any other person (physical person) or company (corporation, trust, or other separate legal entity) will require a separate license. The license granted herein shall remain in effect perpetually, but shall terminate upon your use of the Software beyond the scope licensed herein or upon your violation of any term or condition hereof. All protections with which Ocean3DInteractive is provided under this EULA shall survive the termination of your license to use the Software.

With this license Ocean3DInteractive also grants you a free evaluation period, but not more than 7 days from the first installation date. After the evaluation period is expired you are able to pay the license fee to continue using the Software without terms limitations. In other case you must uninstall the Software and remove all copy of it or any of its part.

2.  PROPRIETARY RIGHTS.  Ocean3DInteractive retains all title, ownership, and intellectual property rights in the Software, including but not limited to all supporting materials, files, documentation, marketing materials, images, and multimedia. The Software is protected by copyright and other intellectual property laws and by international treaties. The Software may include security measures designed to control access and prevent unauthorized copying and use. You agree not to interfere with any such security components. Ocean3DInteractive permits you to download, install and use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this EULA. This license does not transmit any proprietary rights on the Software to second, third or other party.

3.  NON-TRANSFER OF RIGHTS.  You may not rent, lease, sell, sublicense, assign, share or transfer your rights in the using Software, license key (registration key) if any, or authorize any portion of the software to be copied onto another individual or legal entity's computer, except as described in distribution section.

4.  DISTRIBUTION.  You may make as many copies of this distribution package as you wish; you may give exact copies of the original distribution package. There is no charge for any of the above. No person or company may charge a fee for the distribution of the Software without written permission from the copyright holder. If you want to distribute the Software in a retail location, or as part of a hardware or software bundle, or on CD-ROM you must get PRIOR signed written permission from Ocean3Dinteractive. Ocean3Dinteractive Software reserves his right to withhold permission.

You may not unpack or remove code or data and distribute them in any way. Only distribution of the full and complete unaltered software application Ocean3DInteractive has given you is allowed. All trademarks, ownership and copyright notices remain in the Software.

5.  RESTRICTIONS.  You may not alter this software in any way; you may not use or distribute any part of the original package. You are not also allowed to emulate, decompile, disassemble, otherwise reverse engineer any executable part of original package. Any such unauthorized use shall result in immediate and automatic termination of this license. 

6.  LIMITATION OF EXECUTION. The Software works only under user account with administrative rights. If user account has no administrative rights, the Software doesn't work.

7.  LIMITATION OF LIABILITY.  EXCEPT AS REQUIRED BY LAW, OCEAN3DINTERACTIVE AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.

8.  DISCLAIMER OF WARRANTY.  YOU ACCEPT THE SOFTWARE “AS IS” AND WITH ALL FAULTS (IF ANY). OCEAN3DINTERACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCEAN3DINTERACTIVE MAKES NO WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED. 

9.  TERMINATION.  Ocean3DInteractive shall have the sole and exclusive right to immediately terminate this EULA and suspend your license to use the Software should you fail to perform any obligation required under this EULA, engage in activity that Ocean3DInteractive deems harmful to its well-being or if you become bankrupt or insolvent. This EULA takes effect upon your installation of the Software and remains effective until it is terminated by Ocean3DInteractive. 

9.  WAIVER & SEVERABILITY.  Ocean3DInteractive's waiver of any breach of this EULA shall not constitute an amendment to this EULA or Ocean3DInteractive 's waiver of subsequent breaches. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which will remain valid and enforceable according to its terms.

10.  ELECTRONIC NOTICES.  You consent that Ocean3DInteractive may provide you with information and notices regarding the Software and Ocean3DInteractive via the email address you designate when paying the license fee. Ocean3DInteractive may provide notices to you via (i) email if you have provided Ocean3DInteractive with a valid email address, or (ii) by posting the notice on the Ocean3DInteractive website or the Software download site which Ocean3DInteractive owns and operates. You may withdraw your consent for electronic notices.

11.  COMPLETE AGREEMENT.  This is the entire EULA between Ocean3DInteractive and you relating to the Software and it supersedes any prior representations, discussions, undertakings, warranties, communications or advertising relating to the Software.

For inquiries please contact:
support@Ocean3DInteractive.com

Ocean3DInteractive and OceanOfBlue, are either the registered trademarks or trademarks of Ocean3DInteractive in the United States and/or other countries.

© 2006-2007 OCEAN3DINTERACTIVE – Last revised: September 18th, 2007.