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the installation or use of the Software is without the User being aware of the abovementioned violation; and ii. Termination and Refund Policies Except in the case that this Agreement terminated because it is replaced with another contract, termination of this Agreement prior to the scheduled expiration date immediately suspends the right of customer to open new support requests, cancels any existing support requests, and eliminates any other current and future obligations of DiscusWare, LLC in the "Scope of Services" above. both of the following are true: i. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS PROGRAM. . . Any customer not satisfied with the service provided on any support request is encouraged although not required to contact the DiscusWare, LLC Manager of Support, who will review the complaint and attempt to address it to the satisfaction of all parties. NEITHER CUSTOMER NOR DISCUSWARE, LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. . The customer agrees to use any software developed by DiscusWare, LLC according to the license agreement that applies to that software. Such policies, upon publication, shall supersede the "Scope of Services" stated herein in any instance where the customer requests Technical Support on a non-production software version. Such permission does not extend to any other files in the SCENES directory or its sub-directories. Such rules, when made, will be posted in a revised license file, the latest version of which is available from the Company website at Subject to the terms and conditions of this agreement, permission is granted to the User to use the Software and its associated files to create and render images. To the maximum extent permitted by applicable law, in no event shall the European Commission or the Joint Research Centre be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product, even f the use of or inability to use the software product, even if the good times bad times European Commission has been advised of the possibility of such damages. THIS GENERAL LICENSE AGREEMENT MUST ACCOMPANY ALL POV-RAY FILES WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. This Agreement cannot be transferred to another individual or organization unless customer's Discus Professional license is transferred as to that same individual or organization. 6 License Agreement -BEGIN PGP SIGNED MESSAGE- Persistence of Vision Ray Tracer (POV-Ray) Version 3. The Company reserves the right to revise these rules in future versions and to make additional rules to address new circumstances at any time. DiscusWare, LLC may choose to specify separate policies concerning the availability of Technical Support or the method in which that Technical Support is provided, by publishing those policies on its website. 6 License and Terms & Conditions of Use Please read through the terms and conditions of this license carefully. Notice to DiscusWare, LLC may be given in writing to DiscusWare, LLC; 3214 Snowy Parkway; Madison, WI 53719; or sent via electronic mail to sales@discusware. DiscusWare, LLC strongly advises any customers interested in continuing to receive these or similar services beyond the expiration date of this Agreement to inquire at least thirty (30) days in advance of the expiration of this Agreement, to avoid lapses in service. Both the customer and DiscusWare, LLC agree to commence how to play bin cue file any litigation that may arise hereunder in the courts located in the Judicial District of Dane County in the State of Wisconsin. POV-Ray: POV-Ray End-User License POV-Ray: POV-Ray End-User License Note: The version of the license on this page only applies to end-users. The Company has separate license documents that apply to other uses (such as re-distribution via the internet or on CD) ; please visit for links to these. " DiscusWare, LLC hereby agrees to provide the following technical support and advisory services ("Technical Support") to the customer, commencing on the date on which the customer purchases a Discus Professional license, and expiring one year thereafter. This optimization will fail upon excessive use of these services by any one customer. In the most extreme cases, as determined by the DiscusWare, LLC Manager of Support, this Agreement may be terminated without refund, where such termination is due to the violation of this provision by the customer. The terms of the software license shall dictate the conditions under which a license transfer is granted. Should customer make such a request, the refund will be provided only upon verification that the customer has removed any installations of Discus Professional, has destroyed any copies of the software that may have been downloaded, and has agreed to forfeit all rights under the software's license agreement. CUSTOMER AGREES THAT FOR sony digital camera case ANY LIABILITY RELATED TO THE PURCHASE FROM DISCUSWARE, LLC OF ANY PRODUCT OR SERVICE, DISCUSWARE, LLC IS NOT LIABLE FOR ANY AMOUNT OF DAMAGES THAT EXCEED THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCTS OR SERVICES. The customer acknowledges building material new york that non-production releases are intended for use only in a testing capacity, and should the customer choose to install and run atlanta car rental agency any such non-production software version, the customer accepts any and all risks associated with doing so. DISCUSWARE, LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Should the customer violate this provision, DiscusWare, LLC may, at its option, terminate this Agreement immediately and without warning (where such termination is treated as a violation of this Agreement by the customer) and/or take appropriate technical and/or legal steps to curb, eliminate, or reduce the disruption. From time to time, DiscusWare, LLC may make available non-production releases of its software for the purposes of testing or evaluation. The execution, interpretation, performance and termination of this Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. DiscusWare, LLC is under no obligation to provide any services to the customer under this Agreement at any time that a late left or right brained test payment is outstanding, and it is in the discretion of DiscusWare, LLC whether to restore service under this Agreement should the late payment situation be rectified. (Failure of customer's electronic mail server to receive such a message, or of customer to read that message due to automated filtering technology, shall not constitute a violation of this provision by DiscusWare, LLC. In particular you computer speaker sub woofer are advised that the sale, lease, michigan agent buyer california del mar chiefs of police or rental of the Software in any form without written authority from the Company is explicitly prohibited. SHOULD THE OTHER LIMITATIONS ON LIABILITY STATED IN THIS AGREEMENT FAIL, THEN DUE TO THE DIFFICULTY IN FORESEEING ALL POSSIBLE DAMAGES, THE MAXIMUM DAMAGES FOR WHICH DISCUSWARE, LLC WILL BE LIABLE UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO EFFECT THIS AGREEMENT. THIS DOCUMENT SUPERSEDES AND REPLACES ALL PREVIOUS GENERAL This document pertains to the use of the Persistence of gaia layout profile theme Vision Ray Tracer (also known as POV-Ray). In particular, DiscusWare, LLC is not obligated to participate in communication by means other than electronic mail, or with any person or party other than the customer, and is explicitly released from any and all obligations relating to the following: 1. To allow the customer to submit support requests through a web page on DiscusWare, LLC's web server, and to respond to any such inquiries by electronic mail (e-mail) not later than at the conclusion of the second full business day following receipt of that inquiry. It does not form part of this license. The creator of a scene file retains all rights to any scene files they create, and any images generated by the Software from them. Expiration, Renewal, and Upgrade This Agreement expires one year following the customer's purchase of a Discus Professional license. ACN 105 891 870 (herein also referred to as the "Company"), a company incorporated in the state of Victoria, Australia, for the product known as the "Persistence of Vision Ray Tracer", also referred to herein as 'POV-Ray'. If the customer's Discus Professional license is transferred to a new licensee, then this Agreement automatically transfers to that new licensee. To provide to the customer other article gay in the military assistance that, in its sole and absolute discretion, DiscusWare, LLC deems that it is qualified and willing to provide, that would benefit the customer and be relevant to any inquiries that the customer has submitted. (A "business day" consists of the time period from 9:00 AM to 5:00 PM, United States central time, on a Monday through Friday on which the United States Postal Service delivers mail. Providing support, consulting, or assistance for any topic that is not documented in materials made available by DiscusWare, LLC, or that is documented or referenced in materials in which a specific disclaimer of non-support or other support policy is stated. The failure of any party at any time to require performance by the other party under any provision of this Agreement shall not affect the right of such party to require full performance from the other party at any time thereafter. Should customer choose to continue using the software, or should the termination occur more than thirty (30) days after the customer's Discus Professional license purchase, then no refund shall be due under any circumstances.
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