Software License Agreement

THIS IS A LEGAL CONTRACT BETWEEN YOU, THE END USER, AND 3DLABS, INC. BY USING THE SOFTWARE PACKAGE ACCOMPANYING THIS GUIDE OR PRE-INSTALLED ON YOUR SYSTEM, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE, PROMPTLY RETURN THIS GUIDE WITH THE UNOPENED SOFTWARE ENVELOPE, OXYGEN CARD AND ANY OTHER ACCOMPANYING ITEMS TOGETHER WITH YOUR RECEIPT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

Software License and Restrictions
The enclosed SOFTWARE delivered to you pursuant to these terms and conditions may embody and include certain software programs in object code form (machine-readable but not human-readable form). Use of the SOFTWARE can result in the production of human-readable features such as documentation, report formats, menus, audible prompts and tone sequences. Such SOFTWARE and features constitute either the copyrighted property or proprietary trade secret information, or both, of 3Dlabs, Inc. or its licensors, and shall be held in confidence by you. 3Dlabs, Inc. or its licensors retain title to the SOFTWARE (excluding media on which recorded), all copies thereof, and all intellectual property rights, and no title to the SOFTWARE, copies thereof or intellectual property rights are transferred to you. You are hereby granted, for internal use only, a personal, nontransferable, nonexclusive and perpetual license to use only one copy of the SOFTWARE on the computer on which the SOFTWARE was originally mounted. 
Except as specifically authorized by this License, you may not copy the SOFTWARE or the human-readable features referred to above for any purpose (except for a copy for backup purposes). All such copies are the proprietary information of 3Dlabs, Inc. and its licensors and suppliers and are subject to their copyrights. You shall not, whether through the use of disassemblers or any other means whatsoever (including but not limited to manual, mechanical or electrical means), reverse engineer, decompile, disassemble or derive source code from the SOFTWARE, or attempt to permit any third party to do any of the foregoing, including causing the SOFTWARE to be destroyed or disabled or deriving 
the rules or protocols embodied in the SOFTWARE. Any attempt to do any of these things shall be a material breach of this License, which shall immediately entitle 3Dlabs, Inc. to exercise any remedy that may exist at law or in equity. You may not transfer, loan, rent, lease, distribute or grant any rights in the SOFTWARE or accompanying documentation in any form without the prior written consent of 3Dlabs, Inc.

Limited Warranty
3Dlabs, Inc. warrants that the SOFTWARE licensed to you under this License will perform in accordance with 3Dlabs, Inc. published specifications on the same operating system as used at the time of purchase for a period of ninety (90) days after the date of delivery to you as evidenced by your receipt (Warranty Period). If the SOFTWARE does not conform during the Warranty Period, you agree to provide written notice of such failure to 3Dlabs, Inc. and 3Dlabs, Inc. will, at its sole option, repair or replace the SOFTWARE or refund the full purchase price. 3Dlabs, Inc. does not warrant that the use of the SOFTWARE will be uninterrupted or error-free and hereby disclaims all liability on account thereof. 
THE REMEDIES PROVIDED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limited Liability
NOTWITHSTANDING ANY PROVISION IN THIS LICENSE TO THE CONTRARY, 3Dlabs, Inc. OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR ANY THEORY OF LIABILITY, WHETHER OR NOT 3Dlabs, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL 3Dlabs, Inc. LIABILITY ARISING UNDER THIS LICENSE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE GIVING RISE TO SUCH LIABILITY. THIS LIMITATION IS INTENDED TO LIMIT THE LIABILITY OF 3Dlabs, Inc. AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES MAY NOT ALLOW THE FOREGOING LIMITATION, SO THE FOREGOING MAY NOT APPLY TO YOU.

Confidentiality
The SOFTWARE contains confidential trade secret information belonging to 3Dlabs, Inc. or its licensors, and you may use the SOFTWARE only pursuant to the license set forth herein. In addition, you may not disclose the SOFTWARE to any third party.

Restricted Rights Notice
Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software - Restricted Rights clause at FAR Section 52.277-19 or (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS Section 252.277-7013, as applicable. Unpublished - rights reserved under the copyright laws of the United States. Contractor: 3Dlabs, Inc., 480 Potrero Avenue, Sunnyvale, California 94086.

You may terminate this License at any time by destroying all copies, mergers or modifications of the SOFTWARE and accompanying materials. 3Dlabs, Inc. may immediately terminate your License upon notice for failure to comply with the terms and conditions of this License. Upon such termination, you agree to destroy all copies, mergers and modifications of the SOFTWARE and accompanying documents. 
You agree that a breach of this License will result in irreparable damages to 3Dlabs, Inc. This License is the entire agreement between you and 3Dlabs, Inc. with respect to the use and licensing of the SOFTWARE, and supersedes all proposals, warranties, prior agreements or any other communications between the parties relating to the subject matter hereof. This License will be governed by and construed in accordance with the laws of California without regard to conflicts of law principles or the UN Convention on the Sale of Goods. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. Should you have any questions concerning this License, please write to: 3Dlabs, Inc., 480 Potrero Avenue, Sunnyvale, California 94086.
