Onyx Computing, Inc. Software License and Warranty Agreement

PLEASE CAREFULLY READ THIS SOFTWARE LICENSE AGREEMENT BEFORE OPENING THE SOFTWARE PACKAGE. THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND ONYX COMPUTING, INC. ("ONYX"). RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON CONDITION THAT THE CUSTOMER AGREES TO ALL TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. BY OPENING THE SOFTWARE PACKAGE, YOU ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, PROMPTLY RETURN THE UNOPENED SOFTWARE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.

License for Restricted Use
Onyx grants you a limited, non-exclusive, non-transferable license to use the enclosed OnyxTREEª software (the "Software") which may include any of the following programs: OnyxTREE BAMBOO, OnyxTREE BROADLEAF, OnyxTREE CONIFER, and OnyxTREE PALM.

You are licensed to use the Software in object code form on a single computer, and to use the related documentation solely in support of your permitted use of the Software. You may not use the Software on more than one computer or computer terminal at the same time. 

You are licensed to use the Software to generate images and 3D models solely for your own, internal business purposes, for demonstrations, presentations and planning in connection with your internal business purposes and for educational purposes. The license granted herein is limited solely to the uses specified above and, without limiting the generality of the foregoing, you are NOT licensed to use the Software in connection with the sale, resale, license or other commercial reproduction or distribution of images and 3D models generated by the Software.

Copyright
The Software and its documentation is owned by Onyx and is protected by United States copyright laws and international treaty provisions. You may copy the Software solely for backup purposes. You must reproduce and include the copyright and proprietary notices on a label on any backup copies. You may not provide copies of the Software or its documentation to others. You may not rent, lease, or loan the Software. You may not copy the written material that accompanies the Software. 

Proprietary Right
Structure and organization of the Software are valuable trade secrets of Onyx licensed to you on a non-exclusive basis. You may not translate, disassemble, decompile, or reverse engineer the Software, in whole or in part. You may not modify, adapt, or create derivative works based upon the Software, in whole or in part.

Term
Your license to use the Software and related documentation will automatically terminate if you fail to comply with the terms of this agreement. If this license is terminated you agree to destroy all copies of the Software and related documentation which are in your possession.

Limited Warranty
Onyx warrants to the original licensee that the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery as evidenced by a copy of your sales receipt. The liability of Onyx under this limited warranty shall be limited to replacement of the media at no charge to you, provided you return the faulty media with your sales receipt to Onyx or authorized Onyx dealer.

Disclaimer of Warranty on the Software
The limited warranty and right of replacement given above is in lieu of any and all other warranties, both express and implied. The Software is licensed "as is" without warranty, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Onyx makes no warranties on the accompanying written material in terms of its correctness, accuracy, reliability, currentness, or otherwise. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  

Limit of Liability
In no event will Onyx be liable to you for any incidental or consequential damages, including but not limited to any loss of profits, loss of use or loss of savings, arising out of the use or inability to use the Software, or losses sustained by third parties, even if Onyx or authorized Onyx dealer has been advised of the possibility of such damages.  Some states do not allow the limitation of liability for damages, so the above exclusion may not apply to you. 

General
This agreement shall be governed by the laws of the Commonwealth of Massachusetts and shall inure to the benefit of Onyx, its successors, representatives and assigns.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
