IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE OPENING THE ENCLOSED LICENSE AGREEMENT ENVELOPE. BY OPENING THE LICENSE AGREEMENT ENVELOPE YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT OPEN THE ENVELOPE, AND RETURN THE ENTIRE CONTENTS OF THIS SOFTWARE PACKAGE TO THE PLACE OF PURCHASE (CONSULT RE-SELLER FOR THEIR RETURN POLICY). IF YOU HAVE PURCHASED DIRECTLY FROM pmG WORLDWIDE AND YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE YOU WILL RECEIVE A REFUND PROVIDED (A) YOU HAVE NOT OPENED THE LICENSE AGREEMENT ENVELOPE AND (B) YOU RETURN THE ENTIRE SOFTWARE PACKAGE, WITHIN 15 DAYS, TO pmG WORLDWIDE.
1. Grant of License
The 'messiah' product line which includes messiah:animate, messiah:studio, messiah:render and messiah:develop are proprietary products of pmG WorldWide, LLC (from here on referred to as pmG). The enclosed pmG computer program, (from here on referred to as the "Software"), is licensed, not sold, to you by pmG for use only under the terms of this License, and pmG reserves any rights not expressly granted to you. You own the disk(s) on which the Software is recorded or fixed, but the Software and all documentation is owned by pmG and is protected by United States copyright laws and international treaty provisions. Therefore you must treat this Software and documentation like any other copyrighted material.
The copyright restrictions of this license extend to any further updates, software patches, or bug fixes made available to you by pmG, whether distributed by floppy disc, CD ROM, or in an electronic format via BBS, ftp, e-mail, etc.
This License allows you to use one copy of the Software on a single computer at a time. You may use at one time as many copies of the Software as you have licenses for. To "use" the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer, or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.).
You may make one copy of the Software in machine readable form solely for backup purposes. The Software is protected by copyright law. As an express condition of this License, you must reproduce on the backup copy the pmG copyright notice in the following format "© 2002 pmG WorldWide, LLC."
You may permanently transfer all your rights under this
License to another party provided you do the following: You
a. provide such party with a copy of this License and provided that the other party reads and agrees to accept
the terms and conditions of this License
b. contact pmG in writing of the License transfer
c. provide the other party all copies of the Software licensed under this License together with all written and
other materials, including all hardware dongles accompanying the Software.
d. remove any remaining software from your computer (i.e. RAM, hard disk, etc.)
The Software contains trade secrets in its human perceivable form and, to protect them, YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
messiah:studio, messiah:animate, messiah:render, messiah:develop and project:messiah are trademarks of pmG WorldWide, LLC. Metanurbs and Puppetmaster are registered trademarks of Fori Owurowa. Translator3D is a trademark of Dan Milling. All other brand names, product names, or trademarks belong to their respective holders.
This License is effective until terminated. This License will terminate immediately without notice from pmG or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof. You may also terminate this License at any time by destroying the Software, all accompanying written materials and all copies thereof.
5. Limited Warranty and Disclaimer,
Limitation of Remedies and Damages.
YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. pmG WARRANTS THE MEDIA ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR NINETY (90) DAYS FROM PURCHASE AS INDICATED BY YOUR RECEIPT, BUT THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE LICENSED "AS IS." ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS AND LIMITED TO NINETY (90) DAYS AS TO THE MEDIA. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE MEDIA. pmG DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE OUTPUT FROM, THE SOFTWARE. YOU RELY ON THE SOFTWARE AND OUTPUT SOLELY AT YOUR OWN RISK. IN NO EVENT WILL pmG OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS. pmG's LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) WILL BE LIMITED TO THE FEE YOU PAID FOR THE SOFTWARE EVEN IF pmG OR AN AUTHORIZED PMG REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This limited warranty gives you specific legal rights. Some jurisdictions provide other rights, and some jurisdictions do not allow the exclusion or limiting of implied warranties, including duration, or limiting liability for incidental or consequential damages. As a result, the above limitations and/or exclusions may not apply to you.
Documentation (c) 1999-2002 by Fred Tepper. This documentation may not be reproduced in whole or in part, or transmitted in any form or by any means--electronic, mechanical, photocopying, recording, or other, without the written permission of Fred Tepper except by a reviewer, who may quote brief passages.
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