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GermaniumWeb Plugin EULA

Updated 27 April, 2009

IMPORTANT - PLEASE READ THE AGREEMENT CAREFULLY


This End User License Agreement (“EULA”) is a legal agreement between You (EITHER an individual or on behalf of a business or government entity) and G Element Pte Ltd (“G ELEMENT”) for G ELEMENT’s software product(s) and any updates, bug fixes, application programming interfaces or APIs, and accompanying documentation. (“SOFTWARE”).

By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree, please do not install the SOFTWARE.

1.

Software License

1.1 Subject to the conditions and limitations set forth below, G ELEMENT grants you, at no charge, a limited, non-exclusive, non-transferable license to install and use the SOFTWARE, in binary code only, for personal, non-commercial use ( if you are an individual ) or internal use by you and your employees ( if you are a business or government entity ).
1.2 You may only create derivative software works based upon the SOFTWARE by appropriately licensing and using official application programming interfaces or APIs specifically designated for the SOFTWARE. You may not modify, adapt, translate, localize or create derivative works based upon the SOFTWARE, in whole or in part, by any other means.
1.3 You may not separately publish, sell, market, distribute, loan, lease, rent, commercialize or sub-license the SOFTWARE. You may not reverse engineer, decompile, deactivate, decrypt, disassemble or otherwise attempt to discover the source code, underlying ideas, user interface techniques or algorithms of the SOFTWARE by any means whatsoever, directly or indirectly, or disclose any of the foregoing. You may not block, alter or otherwise interfere with the techniques or algorithms employed by the SOFTWARE to authenticate and validate the proper use and licensing of the SOFTWARE. You may not remove, replace or alter any copyright, patent and other intellectual property markings that appear on or in the SOFTWARE.
1.4 You may make back-up copies of the SOFTWARE for archival purposes.

2.

Intellectual Property

2.1 You acknowledge that your possession, installation, or use of the SOFTWARE does not transfer you any ownership, title or registrable interest of any kind to the intellectual property in the SOFTWARE, and that you will not acquire any rights to the SOFTWARE except as expressly set forth in this EULA.
2.2 Title, ownership, rights, and intellectual property rights in and to the SOFTWARE shall remain that of G ELEMENT. The SOFTWARE is protected by the patent, copyright and other intellectual property laws of Singapore and international treaty provisions.
2.3 Third-party Content and Data. In using the SOFTWARE to access third-party applications (“Third-party Applications”), there may be certain content or building data (“Third-party Content and Data”) provided under license from Third-party Application owners or their licensors and is subject to copyright and other intellectual property rights owned by or licensed to such parties. You must only access such Third-party Content and Data using the respective and rightful Third-Party Applications and only in accordance with the terms and conditions as set forth by the SOFTWARE and Third-party Applications. You are not permitted to access and use the Third Party Content and Data independently, through other means, including but not limited to mechanisms provided by your operating systems. You may be held liable for any unauthorized copying, disclosure, publishing, distribution, commercialization, or reverse-engineering of such Third-party Content and Data.

3.

Warranty Disclaimer

3.1 YOU AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. G ELEMENT HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. G ELEMENT DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3.2 The SOFTWARE is not fault-tolerant and is not designed or intended for use in hazardous or mission-critical environments requiring fail-safe performance, or any other application in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or property damage (“HIGH-RISK ACTIVITIES”). G ELEMENT expressly disclaims any express or implied warranty of fitness for HIGH-RISK ACTIVITIES.

4.

Limitation of Liability

4.1 IN NO EVENT WILL G ELEMENT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF G ELEMENT OR THEIR AUTHORIZED REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN ADDITION, G ELEMENT WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.

5.

Software Support and Updates

5.1 G ELEMENT is not obligated to provide technical support or updates for the SOFTWARE. However, G ELEMENT may offer technical assistance, support or updates through online discussion forums, e-mail services, software updating services and/or other means. In such cases, no response time will be guaranteed. Any support or update provided will be deemed part of the SOFTWARE and governed by this EULA.

6.

Privacy Policy

6.1 In accessing a Third-Party Application each time, the SOFTWARE gathers the following information (“Licensing and Version Data”)
(i)   the website url of the Third-Party Application; and
(ii)  its alphanumeric API key from the code of its web pages; and
(iii) the version of your SOFTWARE
(iv) your operating system type, version and service pack number
(v)  your web browser user agent string
6.2 The SOFTWARE does not collect any private and personally identifiable information, other than the Licensing and Version Data. For more information, please read our General Privacy Policy.
6.3 You agree that the SOFTWARE may communicate with G ELEMENT API Licensing servers at the time of installation, registration, or when you use Third-party Applications that are developed using the APIs of the SOFTWARE, for the following purposes:
(i)   Validation of the website API key
(ii)  Determining if there are any SOFTWARE updates available for you.
(iii) Site analytics
6.4 By installing and using the SOFTWARE, you agree to automatically request and receive updates.

7.

Termination

7.1 Regardless of the location of the SOFTWARE, you are responsible for strict compliance with any and all of the terms and conditions of this EULA.
7.2 This EULA will terminate automatically if you fail to comply with any of the limitations or other requirements described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to G ELEMENT. Upon termination, you must remove and destroy all copies of the SOFTWARE.
7.3 You may terminate this EULA at any point by destroying all copies of the SOFTWARE. This EULA is effective unless and until You or G ELEMENT terminates the EULA earlier.

8.

General Provisions

8.1 If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
8.2 This EULA will be governed by the laws of Singapore. In the event of a dispute or legal action between the parties, they agree to waive any objections to personal jurisdiction, and agree to service of process and exclusive venue in the Courts of Singapore.
8.3 You agree that this is the entire agreement between you and G ELEMENT, which supersedes any prior agreement, whether written or oral, and all other communications between G ELEMENT and you relating to the subject matter of this Agreement.
8.4 All rights not expressly granted in this EULA are reserved by G ELEMENT.
8.5 Terms and conditions may change from time to time. You are encouraged to review the terms of the EULA as posted on germanium3d.com from time to time.