I will be advising others towards Great Hill in the future.

Eric Elford
Elford Technologies

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VRaniML
Software License Agreement

By entering your password and proceeding to the download page you agree to the following licensing agreement.

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AGREEMENT FOR VRANIML SOURCE CODE LICENSE

IMPORTANTGREAT HILL CORPORATION IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE OPENING THE PACKAGE CONTAINING THE DISKETTES, CLICKING THE ACCEPT BUTTON IN THE INSTALLATION PROGRAM OR OTHERWISE USING THIS SOFTWARE, AS SUCH CONDUCT WILL INDICATE YOUR ACCEPTANCE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, GREAT HILL CORPORATION IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH CASE YOU MUST IMMEDIATELY RETURN THE PACKAGE AND ALL ACCOMPANYING MATERIAL TO GREAT HILL CORPORATION OR YOUR AUTHORIZED DEALER FOR A FULL REFUND, IF ANY.

This License Agreement (herein , the "Agreement") is a legal agreement between Great Hill Corporation (herein "GreatHill"), a Connecticut corporation, principally located at 1142 Stony Lane, Gladwyne, PA 19035, and the user ("Licensee") and is effective the date Licensee opens the package containing the diskettes or otherwise uses the enclosed software product.

This Agreement covers all materials associated with GreatHillís VRaniML VRML 2.0 C++ Node Class Library and Sample Browser, including, without limitation, the full or lite version of VRaniML software development kit  (herein, the "SDK"), the C++ source code for the VRaniML.SDK (herein, the "SDK Source Code"), all VRaniML documentation (herein, the "Documentation"), and all VRaniML sample source code and executables (herein, the "Samples"), and including all materials enclosed with this software product (herein, the "Software").

1. GRANT OF LICENSE

GreatHill grants Licensee a non-exclusive, non-transferable, personal and worldwide license to use one copy of the Software, in object code form in the development of a single end user application as contemplated in section 2 below (herein, the "Application Software") and to use and/or distribute the Application Software under the terms and conditions set forth in this Agreement. This license grant is expressly conditioned upon Licensee's compliance with all of the terms of this Agreement. The license granted hereunder applies only to the designated version of the enclosed Software. Licensee may use the Software on one (1) IBM or compatible personal computer which is either a stand-alone work station or a networked work station that does not permit the Software to be shared with other networked work stations. If Licensee wishes to use the Software simultaneously on more than one personal computer, it must license additional copies of the Software. If the Software is an upgrade, it, and the product that was upgraded, constitute a single copy of the Software for purposes hereof and the upgrade and product that was upgraded cannot be used by two people at the same time.

2. END USER APPLICATIONS

The Application Software developed by the licensee must be an "end user application". An "end user application" is a specific application program that is licensed to a person or firm for business or personal use and not with a view toward redistributing the application or any part of the application and may be either an application that is used by Licensee internally, or an application that is commercially distributed to end users for their use. A user of an end user application may not redistribute the application or copy it (other than for archival purposes) and Licensee's license agreement covering the Application Software will contain restrictions prohibiting redistribution and copying of the Software. Any number of end user applications may be developed with this source code license by the user.

3. REDISTRIBUTABLE PORTIONS OF SOFTWARE

The Software includes certain runtime libraries and files intended for distribution by Licensee within the Application Software to the user of Application Software (herein, the "Redistributables"). The Redistributable components of the Software include the file "vraniml.dll" (or 'vranlite.dll' for the VRaniML lite version), included with this distribution. Licensee should refer to the Documentation for additional information regarding the Redistributables. Under GreatHill's copyright, and subject to all the restrictions and conditions set forth in this Agreement and the Documentation, GreatHill authorizes the Licensee (and only the Licensee) to reproduce exact copies of the files designated as Redistributables and include such files in the Application Software, provided such copies are made from the original diskettes in this package (or a set of back-up copies made directly from them) and distribute the Application Software, directly or through customary distribution channels, to end users on a royalty free basis. Licensee may distribute the Redistributables only with and for the sole purpose of executing specific application programs comprising an end user application, as herein defined. Under no circumstances may any copies of Redistributables be distributed separately by Licensee. Redistribution of the Application Software by the users of the Application Software, without a separate written redistribution license from GreatHill, is prohibited.

Licensee may only directly access the .DLL file(s) if Licensee has a license in good standing for the SDK. If the enclosed Software is packaged "For Evaluation Only," no right to copy and/or distribute the Redistributables is granted. No distribution rights are granted until such time as Licensee has properly registered the Software (section 15).

4. SDK SOURCE CODE

If the enclosed product includes the SDK Source Code, Licensee may modify the SDK Source Code in any manner so as to produce a replacement for the Redistributable portion of the Software as described above. Specifically, Licensee may create an alternative version of the file 'vraniml.dll' (or 'vranlite.dll' for the lite version) containing these modifications. The resulting alternative version of the Redistributable may be used only under the same restrictions as described in section 3 above. Licensee may not redistribute in any form (other than object form as described above) any portion of the SDK Source Code. Licensee may not remove any identifying string or copyright notices contained in the SDK Source Code (including the Version resource) when creating an alternative version of the Redistributable. Licensee may not create other type of redistributable content with the intended purpose of creating an SDK, Custom Control or other reusable software component that an end user would use in the development of their own applications. The source code may not be compiled under operating systems other than Windows 95 or Window NT 4.0.

5. SAMPLE SOURCE CODE

Licensee may utilize the "sample source code" and "examples" solely for purposes of integrating the Redistributables into the Application Software. The user may not redistribute a VRML 2.0 Browser using the Sample Browser Source Code.

6. OTHER RESTRICTIONS

Licensee may not use, copy (other than for archival purposes only), rent, lease, sell, sublicense, assign or otherwise transfer the Software or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement. Licensee acknowledges that the Software, in source code form, remains a confidential trade secret of GreatHill and/or its suppliers and therefore Licensee agrees that it shall not modify, decompile, disassemble or reverse engineer the Software or attempt to do so except as permitted by applicable legislation or as described above under section 4. Licensee shall only copy and distribute the Redistributables with the Application Software and shall not distribute other files contained in the Software including but not limited to .LIB, .H, .MAK, .DEF, .TXT or .HLP files. Licensee shall not reproduce, copy or transfer any Documentation. Upon GreatHillís request, Licensee agrees to send GreatHill one demonstration copy of the Application Software. Licensee will not develop any product with the Software that provides the user any development capability or which is generally competitive with the Software (including without limitation, a developer toolkit product). Development capability includes (without limitation) any material which would allow the recipient thereof the ability (i) to redistribute the .DLL file(s), (ii) to modify the Application Software, (iii) generate an executable which calls the .DLL file(s), (iv) modify the existing executable which calls the compiled .DLL or (v) develop an application that directly or indirectly utilizes the Redistributables. GreatHill may, upon providing ten (10) days written notice, inspect Licensee's facility and records to ensure Licensee is in compliance with the terms of this Agreement. Licensee will, in its license agreement, restrict customers of the Application Software from copying or otherwise redistributing the Application Software (or any part thereof, including the Redistributables) other than making a reasonable number of archival copies of the Application Software and, upon GreatHillís request, will send GreatHill a copy of its end user agreement. Any distributor or reseller of Application Software appointed by Licensee must be subject to a binding written agreement that includes provisions no less protective of GreatHill's intellectual property rights in the Software as it is protective of Licensee's rights in its own software. Licensee acknowledges that the Software is a confidential trade secret of GreatHill and agrees to refrain from disclosing the Software (and to take reasonable measures with its employees to ensure they do not disclose the Software) to any person, firm or entity except as expressly permitted herein. Licensee may not use the Software to develop an application that directly or indirectly utilizes GreatHill's Redistributables existing in another application that has been developed by Licensee or some third party. If Licensee wishes to use the Software in a manner prohibited by this Agreement, Licensee should contact GreatHill's OEM department to determine whether a special license may be obtained.

7. PROPRIETARY RIGHTS; NOTICES

Except for the limited license granted herein, GreatHill retains exclusive ownership of all proprietary rights (including all ownership rights, title, and interest) in and to the Software. Licensee agrees not to represent that GreatHill is affiliated with or approves of Licensee's Application Software in any way. Except as required hereby, Licensee shall not use GreatHill's name, trademarks, or any GreatHill designation in association with Licensee's Application Software. The Application Software will contain the following copyright notice in the About box: "Portions of this product were created using VRaniML ©1998 Great Hill Corporation. ALL RIGHTS RESERVED."

8. EXPORT LAW

Licensee acknowledges and agrees that the Software may be subject to restrictions and controls imposed by the United States Export Administration Act, as amended (the "ACT"), and the regulations thereunder. Licensee agrees and certifies that neither the Software nor any direct product thereof (e.g. the Application Software) is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the ACT and the regulations thereunder or will be used for any purpose prohibited by the same. Licensee acknowledges that the Software may include "technical data" subject to export and re-export restrictions imposed by U.S. law. Licensee bears all responsibility for export law compliance and will indemnify GreatHill against all claims based on Licensee's exporting of the Application Software.

9. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and FAR 52.227-19, as applicable. Manufacturer/Contractor is GreatHill Corporation, 1142 Stony Lane, Gladwyne, PA 19035.

10. TERM

The license granted hereby is effective until terminated. Licensee may terminate the license by returning the Software and Documentation to GreatHill, without refund, and destroying all copies thereof in any form. GreatHill may terminate the license if Licensee fails to comply with any term or condition of this Agreement. Upon such termination, Licensee shall cease using the Software and cease using or distributing the Application Software containing the Redistributables. All restrictions prohibiting Licensee's use of the Software and intellectual property provisions relating to Software running to the benefit of GreatHill will survive termination of the license pursuant hereto. Termination will not affect properly granted end user licenses of the Application Software distributed by Licensee prior to termination.

11. EXCLUSION OF WARRANTIES

GreatHill offers and Licensee accepts the Software "AS IS." GreatHill does not warrant the Software will meet Licensee's requirements or will operate uninterrupted or error-free. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS AGREEMENT AND SHALL NOT APPLY TO ANY SOFTWARE LICENSED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

12. LICENSEE'S REMEDIES: LIMITATIONS

LICENSEE'S SOLE AND EXCLUSIVE REMEDIES AGAINST GREATHILL ON ANY AND ALL LEGAL OR EQUITABLE THEORIES OF RECOVERY SHALL BE, AT GREATHILL'S SOLE DISCRETION, (A) REPAIR OR REPLACEMENT OF DEFECTIVE SOFTWARE; OR (B) REFUND OF THE LICENSE FEE PAID BY LICENSEE.

13. NO LIABILITY FOR CONSEQUENTIAL DAMAGES

In no event shall GreatHill or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of use of or inability to use the Software, even if GreatHill or its dealer have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain implied warranties or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed, some of the foregoing limitations and exclusions may not apply to Licensee.

14. RESTRICTED TEXTURE MAPPING SUPPORT

Support for VRML 2.0 Texture mapping is provided only to the extent that 24-bit color .jpeg files that are exact powers of 2 wide and high are support in this version.

14. VRANIML LITE VERSION

The VRaniML Lite version provides for the export of VRML 2.0 files only.  All functions of the library excluding programmatically building and exporting VRML 2.0 files are disabled.

15. REGISTERING THE SOFTWARE

By entering your password and proceeding to the download for you agree to the terms of this license and register this software.

16. GENERAL

This Agreement shall be interpreted, construed and enforced in accordance with the internal laws of the State of Pennsylvania.  The parties agree that the Courts of the State of Pennsylvania shall have exclusive jurisdiction over all litigation between the parties that may arise or relate to this Agreement. The parties consent to the Courts of the State of Pennsylvania having in personam jurisdiction over them for any and all litigation arising out of this Agreement and service of process on the parties, in addition to personal service, may be effected by certified mail, return receipt requested, to the either party at the addresses in this Agreement. The parties agree not to raise or assert any defenses in any litigation between them concerning the venue or the in personam jurisdiction of the Courts of the State of Pennsylvania.

This Agreement constitutes the entire agreement and understanding of the parties and may be modified only in writing signed by both parties. No officer, salesman, or agent has any authority to obligate GreatHill by any terms, stipulations or conditions not expressed in the Agreement. All previous representations and agreements, if any, either verbal or written, referring to the subject matter of this Agreement are void. If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid. This Agreement, and the rights hereunder, may not be assigned by Licensee (whether by oral or written assignment, sale of assets, merger, consolidation or otherwise), without the express written consent of GreatHill. Licensee agrees to be responsible for any and all losses or damages arising out of or incurred in connection with the Application Software. Licensee agrees to defend, indemnify and hold GreatHill harmless from any such loss or damage (including attorney's fees) arising from the use, operation or performance of the Application Software or Licensee's breach of any terms of this Agreement. Licensee shall be responsible for paying all state and federal use, sales or value added taxes, duties or governmental charges, whether presently in force or come into force in the future, related to the distribution and sale of the Application Software and will indemnify GreatHill against any claim made against GreatHill relating to any such taxes or assessments.

ALL RIGHTS RESERVED. Windows 95 and Windows NT 4.0 are trademarks of Microsoft Corporation. VRaniML is a registered trademark of GreatHill Corporation. All other product names are trademarks of their respective owners.

Users include:

Federal Reserve Bank of KC

UCSD

H2 Capital, Inc.

Computer Consultants

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