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PIXOLOGIC, INC. 2010
SCULPTRIS Alpha 5 End User License Agreement
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NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY
PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN
NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS
SOFTWARE.

1. License. PIXOLOGIC grants to you a non-exclusive license to use the
Sculptris Alpha 5 Software only in accordance with the terms and conditions set
forth herein. The term "Software" shall include the software, documentation
and any fonts accompanying this License, whether on disk, in read only memory,
on any other media or in any other form. The term "Software" shall also
include any upgrades, modified versions, updates, additions, and copies of
the Software licensed to you by PIXOLOGIC, if any.


2. Copyright. The Software is owned by PIXOLOGIC, INC., and its structure,
organization, and code are valuable trade secrets of PIXOLOGIC. The Software
is also protected by United States Copyright Law and International Treaty
provisions. You agree not to modify, adapt, translate, reverse engineer,
decompile, disassemble, or otherwise attempt to discover the source code or
modify the functionality of the Software. Except as stated in this
agreement, this agreement does not grant you any property rights in the
Software, including intellectual property rights. You acknowledge that you
are receiving a limited license to use the Program and Documentation and
that the Company retains the title to the Program and Documentation. You
acknowledge that the Company has a valuable proprietary interest in the
Program and Documentation. You may not use, copy, modify, or transfer the
Program or Documentation or any copy, modification, or merged portion in
whole or in part without express permission from Pixologic.

3. Disclaimer of Warranty. PIXOLOGIC IS PROVIDING YOU THE SOFTWARE ON
AN "AS- IS" BASIS WITHOUT WARRANTY OF ANY KIND. PIXOLOGIC DOES NOT AND
CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USE THE SOFTWARE.

PIXOLOGIC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT WILL PIXOLOGIC BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST
PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF PIXOLOGIC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD
PARTY. Some jurisdictions do not allow limitations on the duration of
implied warranties, so your rights may vary depending on the state or
jurisdiction in which you are located.  If you are in a state or
jurisdiction which prohibits the exclusion or limitation of damages or
implied warranties, to the extent permissible, any implied warranties shall
be limited to ninety (90) days.

4. Governing Law. This agreement will be governed by the laws of the State
of California, without regard to its choice of law provisions. This
agreement will not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, the application of which is expressly
excluded.

5. General Provisions. If any part of this agreement is determined to be
void or unenforceable by a court of competent jurisdiction, such part shall
be deemed severed and shall not affect the validity of the balance of this
agreement, which shall remain valid and enforceable according to its terms.
You agree that the Software will not be shipped, transferred, or exported
into any country or handled in any manner prohibited by the United States
Export Administration Act or any other export laws, restrictions orff
regulations.

6. Government End Users. The Software and related documentation are
Commercial Items as defined under Federal law and are being licensed to U.S.
Government end users only as Commercial Items and with only those rights as
are granted to all other end users pursuant to the terms and conditions
stated herein.

Unpublished rights reserved under the copyright laws of the United States.

Pixologic, Inc., Television Center - Building 10
6410 Santa Monica Blvd - Los Angeles CA 90038

Sculptris , and the Sculptris  logo are trademarks of Pixologic, Inc. 2010 All rights reserved.
