SwiftShader Demonstration License
=================================

SwiftShader is Copyright (c) 2003-2008 TransGaming Inc.

SwiftAsm is Copyright (c) 2003-2008 TransGaming Inc.

Microsoft DirectX SDK Sample Code is Copyright (c) Microsoft Corp.

The SwiftShader Demonstration package may not be redistributed for any reason without prior written permission from TransGaming Inc.

The SwiftShader Demonstration package is distributed under the terms of the SwiftShader Demonstration License listed below. 

LICENSE AGREEMENT AND DISCLAIMER OF WARRANTY FOR TRANSGAMING SWIFTSHADER DEMONSTRATION

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. THIS DOCUMENT IS AN AGREEMENT BETWEEN YOU AND TRANSGAMING INC, (THE "COMPANY"). THE COMPANY IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. BY CLICKING BELOW OR BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. Ownership And License. This is a license agreement and NOT an agreement for sale. The SwiftShader Demonstration package components, including the SwiftShader software, the SwiftAsm software, and the Microsoft DirectX SDK Sample software (the "Software") are the property of the Company and/or its Licensors. The Company and/or its Licensors retain title to the Software and related documentation. Your rights to use the Software are specified in this Agreement, and the Company and/or its Licensors retain all rights not expressly granted to you in this Agreement.

2. Permitted Uses. You are granted the following right to the Software : (a) Right to Install and Use. You may install and use the Software on a single computer for the sole purpose of evaluating the Software. If you wish to use the Software on more than one computer, please contact the Company via email at sales@transgaming.com for information regarding a SwiftShader Commercial Use License.

3. Prohibited Uses. The following uses of the Software are prohibited. If you wish to use the Software in a manner prohibited below, please contact the Company via email at sales@transgaming.com for information regarding a SwiftShader Commercial Use License. Otherwise, you may NOT:

(a) Make or distribute copies of the Software or documentation, or any portion thereof, except as expressly provided in this Agreement.

(b) Use any backup or archival copy of the Software (or allow someone else to use such copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective;

(c) Alter, decompile, modify reverse engineer or disassemble the Software, create derivative works based upon the Software, or make any attempt to bypass, unlock or disable any protective or initialization system on the Software;

(d) Rent, lease, sub-license, time-share, or transfer the Software or documentation, or your rights under this Agreement.

(e) Remove or obscure any copyright or trademark notice(s) on the Software or documentation;

(f) Upload or transmit the Software, or any portion thereof, to any electronic bulletin board, network, or other type of multi-use computer system regardless of purpose;

(g) Include the Software in any commercial products intended for manufacture, distribution, or sale; or

(h) Include the Software in any product containing immoral, scandalous, controversial, derogatory, obscene, or offensive works.

4. Termination. This license is effective upon the first use, installation, loading or copying of the Software. You may terminate this Agreement at any time by destruction and disposal of the Software and all related documentation. This license will terminate automatically without notice from the Company if you fail to comply with any provisions of this license. Upon termination, you shall destroy all copies of the Software and any accompanying documentation. All provisions of this Agreement as to warranties, limitation of liability, remedies or damages shall survive termination.

5. Copyright Notice. The Company and/or our Licensors hold valid copyright in the Software. Nothing in this Agreement constitutes a waiver of any right under Canadian Copyright law or any other federal or provincial law. This program is protected by Canadian federal and international copyright laws.

6. Miscellaneous. This Agreement shall be governed by the laws of Canada and Province of Ontario. If any provision, or any portion, of this Agreement is found to be unlawful, void, or for any reason unenforceable, it shall be severed from, and shall in no way affect the validity or enforceability of the remaining provisions of the Agreement.

7. Microsoft Sample Code. The Software includes Sample Code licensed from Microsoft Corp. Redistribution of the Sample Code provided in the SwiftShader Demonstration Package in any form is strictly forbidden.  

8. Disclaimer of Warranty. The Company does not warrant that the Software or its operations or functions will meet your requirements, nor that the use thereof will be without interruption or error.

EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, TRANSGAMING INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IN NO EVENT SHALL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT INCLUDING AND WITH-OUT LIMITATION, LOSS OF USE, LOSS OF DATE, LOSS OF INCOME OR PROFIT, OR OTHER LOSS SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERCEDES ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY OR ANY REPRESENTATIVE OF THE COMPANY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
