fender1
New member
Well, got up to where 3ds2kex turns the .3ds file to a .kex, but when I typed in the command this is what I got:
C:\Documents and Settings\tom>Desktop\3ds2kex\3ds2kex Dingy.3ds
END-USER LICENSE AGREEMENT --
IMPORTANT-READ CAREFULLY:
THIS END-USER LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGAL AGREEMENT
BETWEEN YOU, AN INDIVIDUAL ("YOU" OR "YOUR"), AND KNIFE EDGE SOFTWARE,
LLC (THE "OWNER"). THIS AGREEMENT APPLIES TO THE COMPUTER SOFTWARE
PRODUCT, IN MACHINE READABLE FORM ONLY, THAT ACCOMPANIES THIS AGREEMENT
(THE "SOFTWARE").
BY OPENING OR BREAKING THE SEAL ON THE SOFTWARE PACKET(S), INSTALLING OR
DOWNLOADING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE OWNER
IS UNWILLING TO LICENSE THE SOFTWARE TO YOU. IN THAT EVENT, YOU MAY NOT
DOWNLOAD, INSTALL, USE, OR COPY THE SOFTWARE.
THE SOFTWARE IS SOLELY OWNED BY THE OWNER AND THE OWNER'S LICENSORS. THE
SOFTWARE IS LICENSED, NOT SOLD. THE SOFTWARE IS PROTECTED BY U.S. AND
INTERNATIONAL COPYRIGHT LAWS AND TREATIES, AS WELL AS OTHER INTELLECTUAL
PROPERTY LAWS AND TREATIES.
SECTION 1. DEFINITIONS
1.1 DERIVATIVE WORKS: MEANS ANY WORK THAT IS PRODUCED USING THE SOFTWARE
AS DEFINED IN 1.2, OR ANY WORK BASED UPON THE SOFTWARE, SUCH AS A
REVISION, MODIFICATION, TRANSLATION, ABRIDGEMENT, CONDENSATION,
EXPANSION, USED TO CREATE A 3D MODEL OR IMAGE, OR ANY OTHER FORM IN
WHICH SUCH SOFTWARE MAY BE RECAST, TRANSFORMED, OR ADAPTED AND THAT
IF PREPARED WITHOUT THE AUTHORIZATION OF THE OWNER OF THE COPYRIGHT IN
SUCH SOFTWARE, WOULD CONSTITUTE A COPYRIGHT INFRINGEMENT, INCLUDING ANY
COMPILATION THAT INCORPORATES SUCH SOFTWARE.
1.2 SOFTWARE: KEMAX, A SOFTWARE TOOL USED TO CONVERT 3DS FILES TO THE
PROPRIETARY FORMAT USED BY REALFLIGHT.
SECTION 2. LICENSE
SUBJECT TO THE TERMS OF THIS AGREEMENT, THE OWNER HEREBY GRANTS YOU A
LIMITED, NONEXCLUSIVE, PERSONAL, AND NONTRANSFERABLE LICENSE FOR USE OF
THE SOFTWARE (IN OBJECT CODE FORM ONLY) BY A SINGLE PERSON.
SECTION 3. CONFIDENTIALITY AND LIMITATIONS OF USE
3.1 THE SOFTWARE CONSTITUTES TRADE SECRETS AND CONFIDENTIAL
INFORMATION OF THE OWNER AND ITS LICENSORS.
3.2 YOU MAY NOT UNDER ANY CIRCUMSTANCES:
(A) COPY THE SOFTWARE, EXCEPT FOR A SINGLE BACKUP COPY;
(B) SUBLICENSE, DISTRIBUTE, MODIFY, ADAPT, TRANSLATE, REVERSE
ENGINEER, DECOMPILE, OR DISASSEMBLE THE SOFTWARE;
(C) USE OR ALLOW USE OF THE SOFTWARE AFTER THE TERMINATION OR
EXPIRATION OF THIS AGREEMENT (EXCEPT PURSUANT TO ANOTHER VALID
LICENSE);
(D) ACCESS, USE, OR DISCLOSE THE SOFTWARE SOURCE CODE;
(E) REMOVE OR ALTER ANY COPYRIGHT OR OTHER PROPRIETARY RIGHTS
NOTICES INCLUDED IN OR AFFIXED TO THE SOFTWARE;
(F) SELL, LICENSE, DISCLOSE, OR DISTRIBUTE ANY PRODUCT DESIGNED
OR INTENDED FOR USE WITH THE SOFTWARE;
(G) SELL, ASSIGN, OR LICENSE ANY DERIVATIVE WORKS BASED UPON THE
SOFTWARE IN WHOLE OR IN PART;
(H) DISTRIBUTE, CONVEY, OR OTHERWISE TRANSFER ANY DERIVATIVE WORKS
VIA PHYSICAL SHAREABLE MEDIA;
(I) USE THE SOFTWARE IN APPLICATIONS, SYSTEMS, OR THE DESIGN AND
CONSTRUCTION OF AIRCRAFT, WHEN FAILURE OF THE SOFTWARE TO PERFORM
COULD REASONABLY BE EXPECTED TO RESULT IN SERIOUS PHYSICAL INJURY,
LOSS OF LIFE, OR MATERIAL DAMAGE TO PROPERTY.
SECTION 4. OWNERSHIP
ALL RIGHT, TITLE, AND INTEREST IN THE SOFTWARE, INCLUDING ANY UPDATES OR
REVISIONS THERETO, IS AND SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY
OF THE OWNER, ITS LICENSORS, AND THEIR SUCCESSORS AND ASSIGNS. ALL
DERIVATIVE WORKS, BASED UPON THE SOFTWARE, ARE THE SOLE AND EXCLUSIVE
PROPERTY OF THE OWNER AND ITS SUCCESSORS AND ASSIGNS. OTHER THAN THE
LIMITED LICENSE EXPLICITLY SET FORTH IN THIS AGREEMENT, NO INTEREST IN
OR RIGHTS OR LICENSES TO THE SOFTWARE ARE GRANTED TO YOU, AND NO
INTEREST IN OR RIGHTS OR LICENSES TO THE SOFTWARE SHALL INURE IN OR
ACCRUE TO YOU, WHETHER BY IMPLICATION, ESTOPPEL, OR OTHERWISE. ALL
RIGHTS OF ANY KIND IN THE SOFTWARE THAT ARE NOT EXPRESSLY GRANTED IN
THIS AGREEMENT ARE ENTIRELY AND EXCLUSIVELY RESERVED TO AND BY THE
OWNER, ITS LICENSORS, AND THEIR SUCCESSORS AND ASSIGNS.
SECTION 5. UPDATES; SUPPORT
THE OWNER IS NOT OBLIGATED TO PROVIDE ANY UPDATES, REVISIONS, NEW
VERSIONS, BUG FIXES, MAINTENANCE, OR SUPPORT FOR THE SOFTWARE. ANY SUCH
MATERIALS OR SERVICES MUST BE OBTAINED PURSUANT TO A SEPARATE AGREEMENT.
SECTION 6. LIMITED WARRANTY
6.1 THE OWNER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE. THE OWNER IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY
CHANGES IN, OR MODIFICATIONS TO, THE OPERATING CHARACTERISTICS OF ANY
COMPUTER HARDWARE OR OPERATING SYSTEM FOR WHICH THE SOFTWARE IS
PROCURED, NOR IS THE OWNER RESPONSIBLE FOR PROBLEMS THAT RESULT FROM
USING THE SOFTWARE IN CONJUNCTION WITH AN INCOMPATIBLE OPERATING SYSTEM,
HARDWARE, OR THIRD-PARTY SOFTWARE.
6.2 THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR
OBLIGATIONS, EXPRESS OR IMPLIED. THE LICENSOR EXPRESSLY DISCLAIMS
ALL IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE.
SECTION 7. LIMITATION OF LIABILITY
THE LIABILITY OF THE OWNER AND ITS LICENSORS FOR DEFECTIVE SOFTWARE IS
LIMITED TO THE OWNER'S OBLIGATIONS UNDER THE LIMITED WARRANTY SET FORTH
ABOVE. IN NO EVENT SHALL THE LIABILITY OF THE OWNER OR ITS LICENSORS FOR
THE USE OR INABILITY TO USE THE SOFTWARE OR FOR BREACH OF THIS AGREEMENT
EXCEED THE AMOUNT OF THE LICENSE FEE FOR THE SOFTWARE TO WHICH THE CLAIM
RELATES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE OWNER OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
LOST OR DAMAGED DATA; SUBSTITUTE GOODS; LOST PROFITS; INTERRUPTION OF
BUSINESS; OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR
INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED ON CONTRACT,
NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL
THEORY.
SECTION 8. TERMINATION
8.1 THIS AGREEMENT SHALL COMMENCE AT THE TIME YOU OPEN OR BREAK THE SEAL
ON THE SOFTWARE PACKET(S), INSTALL OR DOWNLOAD THE SOFTWARE AND SHALL
CONTINUE UNTIL TERMINATED. EITHER PARTY MAY TERMINATE THIS AGREEMENT
IMMEDIATELY ON THE OTHER PARTY'S BREACH OF ANY TERM OF THIS AGREEMENT
AND FAILURE TO FULLY REMEDY THE BREACH WITHIN 10 DAYS OF RECEIVING
NOTICE OF THE BREACH.
8.2 ON TERMINATION OF THIS AGREEMENT FOR ANY REASON, YOU SHALL
IMMEDIATELY CEASE ALL USE OF THE SOFTWARE IN ANY FORM AND IMMEDIATELY
RETURN OR DESTROY ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION OR
CONTROL.
8.3 EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, ANY PROVISIONS IN THIS
AGREEMENT THAT BY THEIR SENSE AND CONTEXT ARE INTENDED TO SURVIVE THE
TERMINATION OF THIS AGREEMENT SHALL SURVIVE SUCH TERMINATION.
NOTWITHSTANDING THE FOREGOING, ANY CAUSE OF ACTION THAT THE OWNER MAY
HAVE AGAINST YOU FOR BREACH OF THIS AGREEMENT BEFORE THE DATE OF
TERMINATION SHALL SURVIVE SUCH TERMINATION.
SECTION 9. U.S. GOVERNMENT RESTRICTED RIGHTS
THE SOFTWARE AND DOCUMENTATION ARE COMMERCIAL ITEMS, AS THAT TERM IS
DEFINED AT 48 CFR 2.101, CONSISTING OF COMMERCIAL COMPUTER SOFTWARE
AND COMMERCIAL COMPUTER SOFTWARE DOCUMENTATION, AS THOSE TERMS ARE USED
IN 48 CFR 12.212 OR 48 CFR 227.7202, AS APPLICABLE. CONSISTENT WITH 48
CFR 12.212 OR 48 CFR 227.7202-1-227.7202-4, ALL U.S. GOVERNMENT END
USERS ACQUIRE THE SOFTWARE AND DOCUMENTATION WITH ONLY THOSE RIGHTS SET
FORTH HEREIN.
SECTION 10. GENERAL
10.1 WAIVER. NO WAIVER OF ANY VIOLATION OR NONPERFORMANCE OF THIS
AGREEMENT IN ONE INSTANCE SHALL BE DEEMED TO BE A WAIVER OF ANY
SUBSEQUENT VIOLATION OR NONPERFORMANCE. ALL WAIVERS MUST BE IN
WRITING.
10.2 SEVERABILITY. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS TO ANY
EXTENT HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE BY ANY COURT
OF COMPETENT JURISDICTION, THE REMAINDER OF THIS AGREEMENT SHALL
NOT BE AFFECTED THEREBY, AND EACH TERM AND PROVISION OF THIS
AGREEMENT SHALL BE VALID AND ENFORCED TO THE FULLEST EXTENT
PERMITTED BY LAW.
10.3 NOTICE. ANY NOTICE OR REPORT UNDER THIS AGREEMENT SHALL BE DEEMED
GIVEN IF DELIVERED OR SENT BY FIRST-CLASS MAIL, POSTAGE PREPAID,
ADDRESSED TO THE OTHER PARTY AT THAT PARTY'S CURRENT ADDRESS, OR AT
SUCH OTHER ADDRESS AS DESIGNATED BY THE PARTY BY WRITTEN NOTICE. IF
NOTICE IS GIVEN BY MAIL AND THE NOTICE AFFECTS OTHER PARTIES' RIGHTS
UNDER THIS AGREEMENT, THE EFFECTIVE DATE OF THE NOTICE SHALL BE SEVEN
DAYS AFTER THE DATE OF MAILING OR THE DATE THE NOTICE IS RECEIVED,
WHICHEVER IS EARLIER.
10.4 APPLICABLE LAW; DISPUTES. THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OREGON, U.S.A.,
WITHOUT REGARD TO OREGON'S CONFLICT-OF-LAWS PRINCIPLES. THE PARTIES
EXPRESSLY DISCLAIM THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS, AND THE PROVISIONS THEREOF WILL NOT GOVERN
THIS AGREEMENT. THE PARTIES AGREE THAT ANY CLAIM ASSERTED IN ANY LEGAL
PROCEEDING BY ONE PARTY AGAINST THE OTHER SHALL BE COMMENCED AND
MAINTAINED EXCLUSIVELY IN STATE OR FEDERAL COURT LOCATED WITHIN BENTON
COUNTY, OREGON. BOTH PARTIES HEREBY SUBMIT TO THE JURISDICTION OF SUCH
COURTS OVER EACH OF THEM PERSONALLY IN CONNECTION WITH SUCH LITIGATION,
AND WAIVE ANY OBJECTION TO VENUE IN SUCH COURTS AND ANY CLAIM THAT SUCH
FORUM IS AN INCONVENIENT FORUM.
10.5 INJUNCTIVE AND OTHER EQUITABLE RELIEF. YOU AGREE THAT THE REMEDY
AT LAW FOR ANY BREACH OR THREATENED BREACH OF THIS AGREEMENT BY YOU
WOULD, BY ITS NATURE, BE INADEQUATE, AND THAT IN THAT EVENT THE OWNER
SHALL BE ENTITLED, IN ADDITION TO DAMAGES, TO A RESTRAINING ORDER,
TEMPORARY OR PERMANENT INJUNCTIVE RELIEF, SPECIFIC PERFORMANCE, AND
OTHER APPROPRIATE EQUITABLE RELIEF, WITHOUT SHOWING OR PROVIDING THAT
ANY MONETARY DAMAGE HAS BEEN SUSTAINED.
10.6 ENTIRE AGREEMENT. THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES
WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. IT SUPERSEDES ALL
PRIOR OR CONTEMPORANEOUS AGREEMENTS, UNDERSTANDINGS, OR REPRESENTATIONS
WITH RESPECT TO THE SOFTWARE. THIS AGREEMENT MAY NOT BE MODIFIED OR
AMENDED EXCEPT IN A WRITING SIGNED BY BOTH PARTIES. ANY PREPRINTED TERMS
ON YOUR PURCHASE ORDER ARE EXPRESSLY REJECTED BY THE OWNER AND SHALL BE
GIVEN NO FORCE OR EFFECT.
Loading file Dingy.3ds failed.
C:\Documents and Settings\tom>Desktop\3ds2kex\3ds2kex Dingy.3ds
END-USER LICENSE AGREEMENT --
IMPORTANT-READ CAREFULLY:
THIS END-USER LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGAL AGREEMENT
BETWEEN YOU, AN INDIVIDUAL ("YOU" OR "YOUR"), AND KNIFE EDGE SOFTWARE,
LLC (THE "OWNER"). THIS AGREEMENT APPLIES TO THE COMPUTER SOFTWARE
PRODUCT, IN MACHINE READABLE FORM ONLY, THAT ACCOMPANIES THIS AGREEMENT
(THE "SOFTWARE").
BY OPENING OR BREAKING THE SEAL ON THE SOFTWARE PACKET(S), INSTALLING OR
DOWNLOADING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE OWNER
IS UNWILLING TO LICENSE THE SOFTWARE TO YOU. IN THAT EVENT, YOU MAY NOT
DOWNLOAD, INSTALL, USE, OR COPY THE SOFTWARE.
THE SOFTWARE IS SOLELY OWNED BY THE OWNER AND THE OWNER'S LICENSORS. THE
SOFTWARE IS LICENSED, NOT SOLD. THE SOFTWARE IS PROTECTED BY U.S. AND
INTERNATIONAL COPYRIGHT LAWS AND TREATIES, AS WELL AS OTHER INTELLECTUAL
PROPERTY LAWS AND TREATIES.
SECTION 1. DEFINITIONS
1.1 DERIVATIVE WORKS: MEANS ANY WORK THAT IS PRODUCED USING THE SOFTWARE
AS DEFINED IN 1.2, OR ANY WORK BASED UPON THE SOFTWARE, SUCH AS A
REVISION, MODIFICATION, TRANSLATION, ABRIDGEMENT, CONDENSATION,
EXPANSION, USED TO CREATE A 3D MODEL OR IMAGE, OR ANY OTHER FORM IN
WHICH SUCH SOFTWARE MAY BE RECAST, TRANSFORMED, OR ADAPTED AND THAT
IF PREPARED WITHOUT THE AUTHORIZATION OF THE OWNER OF THE COPYRIGHT IN
SUCH SOFTWARE, WOULD CONSTITUTE A COPYRIGHT INFRINGEMENT, INCLUDING ANY
COMPILATION THAT INCORPORATES SUCH SOFTWARE.
1.2 SOFTWARE: KEMAX, A SOFTWARE TOOL USED TO CONVERT 3DS FILES TO THE
PROPRIETARY FORMAT USED BY REALFLIGHT.
SECTION 2. LICENSE
SUBJECT TO THE TERMS OF THIS AGREEMENT, THE OWNER HEREBY GRANTS YOU A
LIMITED, NONEXCLUSIVE, PERSONAL, AND NONTRANSFERABLE LICENSE FOR USE OF
THE SOFTWARE (IN OBJECT CODE FORM ONLY) BY A SINGLE PERSON.
SECTION 3. CONFIDENTIALITY AND LIMITATIONS OF USE
3.1 THE SOFTWARE CONSTITUTES TRADE SECRETS AND CONFIDENTIAL
INFORMATION OF THE OWNER AND ITS LICENSORS.
3.2 YOU MAY NOT UNDER ANY CIRCUMSTANCES:
(A) COPY THE SOFTWARE, EXCEPT FOR A SINGLE BACKUP COPY;
(B) SUBLICENSE, DISTRIBUTE, MODIFY, ADAPT, TRANSLATE, REVERSE
ENGINEER, DECOMPILE, OR DISASSEMBLE THE SOFTWARE;
(C) USE OR ALLOW USE OF THE SOFTWARE AFTER THE TERMINATION OR
EXPIRATION OF THIS AGREEMENT (EXCEPT PURSUANT TO ANOTHER VALID
LICENSE);
(D) ACCESS, USE, OR DISCLOSE THE SOFTWARE SOURCE CODE;
(E) REMOVE OR ALTER ANY COPYRIGHT OR OTHER PROPRIETARY RIGHTS
NOTICES INCLUDED IN OR AFFIXED TO THE SOFTWARE;
(F) SELL, LICENSE, DISCLOSE, OR DISTRIBUTE ANY PRODUCT DESIGNED
OR INTENDED FOR USE WITH THE SOFTWARE;
(G) SELL, ASSIGN, OR LICENSE ANY DERIVATIVE WORKS BASED UPON THE
SOFTWARE IN WHOLE OR IN PART;
(H) DISTRIBUTE, CONVEY, OR OTHERWISE TRANSFER ANY DERIVATIVE WORKS
VIA PHYSICAL SHAREABLE MEDIA;
(I) USE THE SOFTWARE IN APPLICATIONS, SYSTEMS, OR THE DESIGN AND
CONSTRUCTION OF AIRCRAFT, WHEN FAILURE OF THE SOFTWARE TO PERFORM
COULD REASONABLY BE EXPECTED TO RESULT IN SERIOUS PHYSICAL INJURY,
LOSS OF LIFE, OR MATERIAL DAMAGE TO PROPERTY.
SECTION 4. OWNERSHIP
ALL RIGHT, TITLE, AND INTEREST IN THE SOFTWARE, INCLUDING ANY UPDATES OR
REVISIONS THERETO, IS AND SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY
OF THE OWNER, ITS LICENSORS, AND THEIR SUCCESSORS AND ASSIGNS. ALL
DERIVATIVE WORKS, BASED UPON THE SOFTWARE, ARE THE SOLE AND EXCLUSIVE
PROPERTY OF THE OWNER AND ITS SUCCESSORS AND ASSIGNS. OTHER THAN THE
LIMITED LICENSE EXPLICITLY SET FORTH IN THIS AGREEMENT, NO INTEREST IN
OR RIGHTS OR LICENSES TO THE SOFTWARE ARE GRANTED TO YOU, AND NO
INTEREST IN OR RIGHTS OR LICENSES TO THE SOFTWARE SHALL INURE IN OR
ACCRUE TO YOU, WHETHER BY IMPLICATION, ESTOPPEL, OR OTHERWISE. ALL
RIGHTS OF ANY KIND IN THE SOFTWARE THAT ARE NOT EXPRESSLY GRANTED IN
THIS AGREEMENT ARE ENTIRELY AND EXCLUSIVELY RESERVED TO AND BY THE
OWNER, ITS LICENSORS, AND THEIR SUCCESSORS AND ASSIGNS.
SECTION 5. UPDATES; SUPPORT
THE OWNER IS NOT OBLIGATED TO PROVIDE ANY UPDATES, REVISIONS, NEW
VERSIONS, BUG FIXES, MAINTENANCE, OR SUPPORT FOR THE SOFTWARE. ANY SUCH
MATERIALS OR SERVICES MUST BE OBTAINED PURSUANT TO A SEPARATE AGREEMENT.
SECTION 6. LIMITED WARRANTY
6.1 THE OWNER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE. THE OWNER IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY
CHANGES IN, OR MODIFICATIONS TO, THE OPERATING CHARACTERISTICS OF ANY
COMPUTER HARDWARE OR OPERATING SYSTEM FOR WHICH THE SOFTWARE IS
PROCURED, NOR IS THE OWNER RESPONSIBLE FOR PROBLEMS THAT RESULT FROM
USING THE SOFTWARE IN CONJUNCTION WITH AN INCOMPATIBLE OPERATING SYSTEM,
HARDWARE, OR THIRD-PARTY SOFTWARE.
6.2 THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR
OBLIGATIONS, EXPRESS OR IMPLIED. THE LICENSOR EXPRESSLY DISCLAIMS
ALL IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE.
SECTION 7. LIMITATION OF LIABILITY
THE LIABILITY OF THE OWNER AND ITS LICENSORS FOR DEFECTIVE SOFTWARE IS
LIMITED TO THE OWNER'S OBLIGATIONS UNDER THE LIMITED WARRANTY SET FORTH
ABOVE. IN NO EVENT SHALL THE LIABILITY OF THE OWNER OR ITS LICENSORS FOR
THE USE OR INABILITY TO USE THE SOFTWARE OR FOR BREACH OF THIS AGREEMENT
EXCEED THE AMOUNT OF THE LICENSE FEE FOR THE SOFTWARE TO WHICH THE CLAIM
RELATES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE OWNER OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
LOST OR DAMAGED DATA; SUBSTITUTE GOODS; LOST PROFITS; INTERRUPTION OF
BUSINESS; OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR
INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED ON CONTRACT,
NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL
THEORY.
SECTION 8. TERMINATION
8.1 THIS AGREEMENT SHALL COMMENCE AT THE TIME YOU OPEN OR BREAK THE SEAL
ON THE SOFTWARE PACKET(S), INSTALL OR DOWNLOAD THE SOFTWARE AND SHALL
CONTINUE UNTIL TERMINATED. EITHER PARTY MAY TERMINATE THIS AGREEMENT
IMMEDIATELY ON THE OTHER PARTY'S BREACH OF ANY TERM OF THIS AGREEMENT
AND FAILURE TO FULLY REMEDY THE BREACH WITHIN 10 DAYS OF RECEIVING
NOTICE OF THE BREACH.
8.2 ON TERMINATION OF THIS AGREEMENT FOR ANY REASON, YOU SHALL
IMMEDIATELY CEASE ALL USE OF THE SOFTWARE IN ANY FORM AND IMMEDIATELY
RETURN OR DESTROY ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION OR
CONTROL.
8.3 EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, ANY PROVISIONS IN THIS
AGREEMENT THAT BY THEIR SENSE AND CONTEXT ARE INTENDED TO SURVIVE THE
TERMINATION OF THIS AGREEMENT SHALL SURVIVE SUCH TERMINATION.
NOTWITHSTANDING THE FOREGOING, ANY CAUSE OF ACTION THAT THE OWNER MAY
HAVE AGAINST YOU FOR BREACH OF THIS AGREEMENT BEFORE THE DATE OF
TERMINATION SHALL SURVIVE SUCH TERMINATION.
SECTION 9. U.S. GOVERNMENT RESTRICTED RIGHTS
THE SOFTWARE AND DOCUMENTATION ARE COMMERCIAL ITEMS, AS THAT TERM IS
DEFINED AT 48 CFR 2.101, CONSISTING OF COMMERCIAL COMPUTER SOFTWARE
AND COMMERCIAL COMPUTER SOFTWARE DOCUMENTATION, AS THOSE TERMS ARE USED
IN 48 CFR 12.212 OR 48 CFR 227.7202, AS APPLICABLE. CONSISTENT WITH 48
CFR 12.212 OR 48 CFR 227.7202-1-227.7202-4, ALL U.S. GOVERNMENT END
USERS ACQUIRE THE SOFTWARE AND DOCUMENTATION WITH ONLY THOSE RIGHTS SET
FORTH HEREIN.
SECTION 10. GENERAL
10.1 WAIVER. NO WAIVER OF ANY VIOLATION OR NONPERFORMANCE OF THIS
AGREEMENT IN ONE INSTANCE SHALL BE DEEMED TO BE A WAIVER OF ANY
SUBSEQUENT VIOLATION OR NONPERFORMANCE. ALL WAIVERS MUST BE IN
WRITING.
10.2 SEVERABILITY. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS TO ANY
EXTENT HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE BY ANY COURT
OF COMPETENT JURISDICTION, THE REMAINDER OF THIS AGREEMENT SHALL
NOT BE AFFECTED THEREBY, AND EACH TERM AND PROVISION OF THIS
AGREEMENT SHALL BE VALID AND ENFORCED TO THE FULLEST EXTENT
PERMITTED BY LAW.
10.3 NOTICE. ANY NOTICE OR REPORT UNDER THIS AGREEMENT SHALL BE DEEMED
GIVEN IF DELIVERED OR SENT BY FIRST-CLASS MAIL, POSTAGE PREPAID,
ADDRESSED TO THE OTHER PARTY AT THAT PARTY'S CURRENT ADDRESS, OR AT
SUCH OTHER ADDRESS AS DESIGNATED BY THE PARTY BY WRITTEN NOTICE. IF
NOTICE IS GIVEN BY MAIL AND THE NOTICE AFFECTS OTHER PARTIES' RIGHTS
UNDER THIS AGREEMENT, THE EFFECTIVE DATE OF THE NOTICE SHALL BE SEVEN
DAYS AFTER THE DATE OF MAILING OR THE DATE THE NOTICE IS RECEIVED,
WHICHEVER IS EARLIER.
10.4 APPLICABLE LAW; DISPUTES. THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OREGON, U.S.A.,
WITHOUT REGARD TO OREGON'S CONFLICT-OF-LAWS PRINCIPLES. THE PARTIES
EXPRESSLY DISCLAIM THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS, AND THE PROVISIONS THEREOF WILL NOT GOVERN
THIS AGREEMENT. THE PARTIES AGREE THAT ANY CLAIM ASSERTED IN ANY LEGAL
PROCEEDING BY ONE PARTY AGAINST THE OTHER SHALL BE COMMENCED AND
MAINTAINED EXCLUSIVELY IN STATE OR FEDERAL COURT LOCATED WITHIN BENTON
COUNTY, OREGON. BOTH PARTIES HEREBY SUBMIT TO THE JURISDICTION OF SUCH
COURTS OVER EACH OF THEM PERSONALLY IN CONNECTION WITH SUCH LITIGATION,
AND WAIVE ANY OBJECTION TO VENUE IN SUCH COURTS AND ANY CLAIM THAT SUCH
FORUM IS AN INCONVENIENT FORUM.
10.5 INJUNCTIVE AND OTHER EQUITABLE RELIEF. YOU AGREE THAT THE REMEDY
AT LAW FOR ANY BREACH OR THREATENED BREACH OF THIS AGREEMENT BY YOU
WOULD, BY ITS NATURE, BE INADEQUATE, AND THAT IN THAT EVENT THE OWNER
SHALL BE ENTITLED, IN ADDITION TO DAMAGES, TO A RESTRAINING ORDER,
TEMPORARY OR PERMANENT INJUNCTIVE RELIEF, SPECIFIC PERFORMANCE, AND
OTHER APPROPRIATE EQUITABLE RELIEF, WITHOUT SHOWING OR PROVIDING THAT
ANY MONETARY DAMAGE HAS BEEN SUSTAINED.
10.6 ENTIRE AGREEMENT. THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES
WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. IT SUPERSEDES ALL
PRIOR OR CONTEMPORANEOUS AGREEMENTS, UNDERSTANDINGS, OR REPRESENTATIONS
WITH RESPECT TO THE SOFTWARE. THIS AGREEMENT MAY NOT BE MODIFIED OR
AMENDED EXCEPT IN A WRITING SIGNED BY BOTH PARTIES. ANY PREPRINTED TERMS
ON YOUR PURCHASE ORDER ARE EXPRESSLY REJECTED BY THE OWNER AND SHALL BE
GIVEN NO FORCE OR EFFECT.
Loading file Dingy.3ds failed.
