PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE HYPERBOLIC SOFTWARE SOFTWARE. BY USING THE HYPERBOLIC SOFTWARE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
The software (including all content), documentation, whether on disk, in read only memory, on any other media or in any other form (collectively the “Hyperbolic Software”) is licensed, not sold, to you by Hyperbolic Software. (“ Hyperbolic”) for use only under the terms of this License, and Hyperbolic reserves all rights not expressly granted to you herein.
The rights granted herein are limited to Hyperbolic's and its licensors' intellectual property rights in the Hyperbolic software and do not include any other patents or intellectual property rights. You own the media on which the Hyperbolic software is recorded but Hyperbolic and/or Hyperbolic's licensor(s) retain ownership of the Hyperbolic software itself.
The terms of this License will govern any software upgrades provided by Hyperbolic that replace and/or supplement the original Hyperbolic software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
This License does not grant you any rights to use such content. You may not access the Digital Imagery contained within the Hyperbolic software as stand alone files or use the Digital Imagery outside the context of the intended use of the Hyperbolic software.
2. Permitted License Uses and Restrictions.
A. Hyperbolic software Single User License. This License allows you to install and use one copy of the Hyperbolic software (whether trial or full version) on a single computer at a time.
You may not make the Hyperbolic Software available over a network where it could be used by multiple computers at the same time.
B. Hyperbolic software Two Users License. This License allows you to install and use one copy of the Hyperbolic software on up to a maximum of two (2) computers at a time as long as those computers are located in the same household and used by persons who occupy that same household.
C. Hyperbolic software Three Users License. This License allows you to install and use one copy of the Hyperbolic software on up to a maximum of three (3) computers at a time as long as those computers are located in the same household and used by persons who occupy that same household.
D. Hyperbolic software Five Users License. This License allows you to install and use one copy of the Hyperbolic software on up to a maximum of five (5) computers at a time as long as those computers are located in the same household and used by persons who occupy that same household.
By "household" we mean a person or persons who share the same housing or company unit such as a office, home, apartment, mobile home or condominium, but shall also extend to student members who are primary residents of that household but residing at a separate on-campus location.
You may not make the Hyperbolic software available over a network.
The Multiple Users License can be extended to business or commercial users.
You may make one copy of the Hyperbolic Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
You may not rent, lease, lend, redistribute or sublicense the Hyperbolic software.
You may, however, make a one-time permanent transfer of all of your license rights to the Hyperbolic software (in its original form as provided by Hyperbolic) to another party, provided that:
(a) the transfer must include all of the Hyperbolic software, including all its component parts, original media, printed materials and this License;
(b) you do not retain any copies of the Hyperbolic Software, full or partial, including copies stored on a computer or other storage device; and
(c) the party receiving the Hyperbolic software reads and agrees to accept the terms and conditions of this License.
You may not rent, lease, lend, redistribute, sublicense or transfer any Hyperbolic software that has been modified or replaced under Section 2D above.
All components of the Hyperbolic Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
Updates: If an Hyperbolic Software update completely replaces (full install) a previously licensed version of the Hyperbolic software, you may not use both versions of the Hyperbolic software at the same time nor may you transfer them separately.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Hyperbolic Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
Academic Copies: If the Hyperbolic software package has an academic label or if you acquired the Hyperbolic software at an academic discount, you must be an Eligible Educational End User to use the Hyperbolic Software.
"Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).
4. Consent to Use of Data
You agree that Hyperbolic and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Hyperbolic software.
Hyperbolic may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
This License is effective until terminated.
Your rights under this License will terminate automatically without notice from Hyperbolic if you fail to comply with any term(s) of this License.>
Upon the termination of this License, you shall cease all use of the Hyperbolic software and destroy all copies, full or partial, of the Hyperbolic software.
6. Disclaimer of Warranties
YOU ASSUME THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OF ANY KIND AND HYPERBOLIC SOFTWARE SPECIFICALLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGMENT OF ANY THIRD PARTY RIGHTS. NO ORAL OR WRITTEN ADVICE GIVEN BY HYPERBOLIC SOFTWARE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.