SmartFile (the "Software")
"You" means the person or company identified below, who is being licensed
the "Software" identified in the title of this License Agreement. "We" and "us" means
Digital Domain Inc.
Limited Nonexclusive License
You acknowledge that you are acquiring only a limited nonexclusive license
to use the
Software (the "License"). We remain the owner of all right, title, and interest in the
Software and in any copies of it.
The License permits you to install the Software on more than one computer
e.g., a desktop computer and a laptop computer normally used by the same person
at different times, provided that there is no possibility that the Software will be used
on more than one computer system simultaneously; any such simultaneous use
requires a separate license for each computer system.
You may make a reasonable number of backup copies of the Software solely
You agree not to make nor to permit the making of copies of the Software
its documentation) except as authorized by this License Agreement or otherwise
authorized in writing by us.
You agree not to engage in nor to permit the decompilation, disassembly,
reverse engineering of the Software.
DIGITAL DOMAIN INC. PROVIDES THE LICENSED SOFTWARE TO LICENSEE
"AS IS". DIGITAL DOMAIN INC. MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT THE LICENSED SOFTWARE, EITHER EXPRESS OR IMPLIED, AND HEREBY
EXPRESSLY DISCLAIM ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT). DIGITAL DOMAIN INC.
SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A
RESULT OF USING, MODIFYING OR DISTRIBUTING THE LICENSED SOFTWARE,
THE RELATED MATERIALS OR THEIR DERIVATIVES.
No Incidental or Consequential Damages
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR
USE OF THE SOFTWARE.
Your Indemnity to Us
Independent of the foregoing provisions, you agree to defend and indemnify
against, and hold us harmless from, any and all claims, damages, losses, and
expenses of any kind arising from or connected with the operation of your
If you materially breach this License Agreement, we may terminate your
right to use
the Software by notice to you.
You agree that, upon termination of the License, you will either return
to us or destroy
all copies of the Software in your possession.
Entire Agreement, etc.
This written License Agreement is the exclusive agreement between you and
concerning the Software and supersedes any and all prior oral or written agreements,
negotiations, or other dealings between us concerning the Software.
This License Agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the Software,
party in the litigation and the prevailing party in any ancillary disputes (e.g., discovery
disputes) will be entitled to recover attorneys' fees and expenses from the other party.
This License Agreement will be governed by the law of the State of Maryland
applicable to contracts executed and performed entirely in, and by residents of,
This License Agreement is effective upon your use of the Software (provided
your acquisition of a copy of the Software was from us or our representative); you
agree that we need not sign this License Agreement in order for it to take effect.