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3dfx Software License Agreement

3DFX INTERACTIVE, INC. LICENSE AGREEMENT

LICENSE AND CONFIDENTIALITY: 3Dfx Interactive, Inc. ("3dfx") grants you the right to install the enclosed software and related documentation (collectively, the "Materials") onto a single computer for your personal use. You may not use, copy, modify, sell, transfer or disclose any part of the Materials except as provided in this Agreement. You may only use the Materials in connection with 3dfx products.

RESTRICTIONS: You may not:
  1. Sublicense the Materials;
  2. Reverse engineer, decompile, or disassemble the enclosed software;
  3. Use the Materials for for any platform or products other than 3dfx products;
  4. Make copies of the Materials other than for back-up purposes, and you may not use the back-up copies other than as a replacement for the original copy. You must include on the back-up copies all copyright and other notices included on the Materials; and
  5. Export the Materials in violation of the export control laws of the United States of America and other countries.


Demo Software: 3dfx hereby grants to you the right to use the demo software on your personal computer with 3dfx products. You agree to indemnify 3dfx and its affiliates against any loss, liability or expense (including reasonable legal fees) arising out of or in connection with the use, marketing, licensing or sale of the demo software or the maintenance, support or other services or activities related thereto.

TERMINATION: Upon any violation of any of the provisions of this Agreement, your right to use the Materials shall automatically terminate and you shall be obligated to return to 3dfx or destroy all of your copies of the Materials.

OWNERSHIP AND COPYRIGHT OF MATERIALS: Except for the license expressly granted hereunder, 3Dfx retains all rights, title and interests in and to the Materials and all copies thereof. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You acknowledge that the Materials are valuable trade secrets of 3Dfx. You may not remove the copyright and other proprietary rights notices from the Materials. You agree that this Agreement shall be retained with all printed and electronic copies the software and documentation constituting the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, 3dfx does not grant any express or implied right to you under 3Dfx patents, copyrights, trademarks, or trade secret information.

NO WARRANTY; NO LIABILITY FOR DAMAGES: THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL 3DFX BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF 3DFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the generality of the foregoing, no warranty is made that the enclosed software will generate computer programs with the characteristics or specifications desired by you or that the demo software will be error-free. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. Because some jurisdictions prohibit the exclusion or limitation of liability for damages, the above limitation may not apply to you and you may have other legal rights that vary by jurisdiction.

NO SUPPORT: 3dfx does not provide any support for the Materials. However, 3dfx does have a newsgroup at its web site in which the enclosed software is discussed. 3dfx does not, however, make any representations or warranties as to the accuracy of any statements or advice provided by any participant in the newsgroup.

US GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to 3dfx's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is 3dfx Interactive, Inc., 4435 Fortran Drive, San Jose, California 95134.

OTHER AGREEMENT: If you have executed another license agreement with 3dfx with respect to the Materials, then notwithstanding any other term in this Agreement the terms of that license agreement shall control your use of the Materials.

MISCELLANEOUS. Subject to the immediately preceding paragraph, this Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California, U.S.A. law (except for conflict of law provisions). The application the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

"3dfx Interactive", the 3dfx Interactive logo, and other 3dfx Interactive product names are trademarks, and in some jurisdictions may be registered trademarks, of 3dfx Interactive or its affiliated companies. Other trademarks are the property of their respective owners.

Copyright 1996, 1997, 1998, 1999 by 3dfx Interactive, Inc. All rights reserved.

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