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TRIUMPH STUDIOS B.V.

END USER LICENCE AGREEMENT


IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING ANY SOFTWARE FROM THIS
WEBSITE:
This end user licence agreement (Licence) is a legal agreement between you (Lice
nsee or you) and Triumph Studios BV of Phoenixstraat 66, 2611 AM Delft, The Neth
erlands (Triumph) which governs your use of the software product that you are in
stalling on your computer, which includes the AGE OF WONDERS III game and any an
d all related services, documentation, and updates or upgrades that replace or s
upplement that software and which are not distributed with a separate licence (S
oftware).
You must also read, understand and agree to the Triumph Studios Terms of Use (ht
tp://www.ageofwonders.com/termsofuse/) (Terms of Use), incorporated herein by re
ference.
BY PROCEEDING TO INSTALL THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE AND
TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UN
WILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE THE INSTALL PROC
ESS NOW.
TO BE PLAYABLE, THE SOFTWARE HAS THE SYSTEM REQUIREMENTS DESCRIBED ON THE WEBSIT
E.
1. GRANT AND SCOPE OF LICENCE
1.1 Subject to your abiding by the terms of this Licence, Triumph hereby grants
to you a temporary, revocable, non-exclusive, non-transferable licence to use th
e Software on the terms of this Licence.
1.2 You may install and use the Software for your private, non-commercial purpos
es only on computers under your custody and control;
2. LICENSEE'S UNDERTAKINGS
2.1 Except as expressly set out in this Licence or as permitted by any local law
, and authorized in writing by Triumph at its discretion, you undertake not to:
(a) rent, lease, sub-license, loan, display in public, distribute, host, communi
cate to the public or make available (on the Internet or a network) the Software
;
(b) translate, merge, adapt, convert, emulate, vary, alter or modify the whole o
r any part of the Software, nor permit the Software or any part of it to be comb
ined with, or become incorporated in, any other programs;
(c) disassemble, decompile, reverse engineer or create derivative works based on
, the whole or any part of the Software;
(d) remove Triumph s copyright notices, logos, trademarks or legal notices include
d in the Software;
(e) use the Software for any commercial purpose including, without limitation, a
t a cyber-caf or gaming centre;
(f) attempt to circumvent any security measures designed to control access to th
e Software.

3. INTELLECTUAL PROPERTY RIGHTS


3.1 You acknowledge that all intellectual property rights anywhere in the world
in the Software, including all characters, storyline, artwork, images, video, mu
sic and text, belong to Triumph or its licensors, that rights in the Software ar
e licensed (not sold) to you, and that you have no rights in, or to, the Softwar
e other than the right to use them in accordance with the terms of this Licence.
3.2 Except as expressly set out in this Licence, you acknowledge that you have n
o right to have access to the Software in source code form.
4. WARRANTY
4.1 Triumph warrants that the Software has been created and developed using reas
onable skill and care.
4.2 Triumph provides commercially reasonable technical support via forums or ema
il until 3 months after the original purchasing date of the software.
YOU ACKNOWLEDGE THAT:
(a)
(b)
(c)
(D)

THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS;
THE SOFTWARE IS PROVIDED AS IS AND MAY NOT BE FREE OF BUGS OR ERRORS;
TRIUMPH MAKES NO WARRANTY AS TO ITS QUALITY, USE OR PERFORMANCE;AND
YOU USE THE SOFTWARE AT YOUR OWN RISK.

5. TRIUMPH S LIABILITY
5.1 Nothing in this Licence shall limit or exclude the liability of either party
for death or personal injury resulting from negligence or for fraud or fraudule
nt misrepresentation or any other liability that cannot be excluded by law.
5.2 Subject to condition 5.1, Triumph's liability for losses suffered by you ari
sing out of or in connection with this Licence (including any liability for the
acts or omissions of its owners, employees, agents and subcontractors), whether
arising in contract, tort (including negligence), misrepresentation or otherwise
, SHALL NOT INCLUDE ANY LIABILITY FOR:
(a) LOSS OF INCOME;
(b) LOSS OF PROFITS OR CONTRACTS;
(c) LOSS OF THE USE OF MONEY OR ANTICIPATED SAVINGS;
(d) LOSS OF INFORMATION;
(e) LOSS OF OPPORTUNITY, GOODWILL OR REPUTATION; OR
(f) LOSS OF, DAMAGE TO OR CORRUPTION OF DATA AND HARDWARE;
WHETHER IN ANY SUCH CASE DIRECT, CONSEQUENTIAL OR INDIRECT, OR
ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND W
HETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.
5.3 SUBJECT TO CONDITION 5.1 AND CONDITION 5.2, TRIUMPH'S MAXIMUM AGGREGATE LIAB
ILITY UNDER OR IN CONNECTION WITH THIS LICENCE, WHETHER IN CONTRACT, TORT (INCLU

DING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO A SUM EQUAL TO THE AMOUNT YOU
PAID FOR THE SOFTWARE LICENCE LESS ANY REFUND THAT YOU OBTAINED FROM THE DISTRI
BUTOR.
5.4 SUBJECT TO CONDITION 5.1, CONDITION 5.2 AND CONDITION 5.3, TRIUMPH'S LIABILI
TY FOR INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED
TO BREACHES OF RIGHTS SUBSISTING IN THE EUROPEAN UNION.
5.5 THIS LICENCE SETS OUT THE FULL EXTENT OF TRIUMPH'S OBLIGATIONS AND LIABILITI
ES IN RESPECT OF THE SUPPLY OF THE SOFTWARE. IN PARTICULAR, BUT WITHOUT LIMITAT
ION, THERE ARE NO CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, EXPRES
S OR IMPLIED, THAT ARE BINDING ON TRIUMPH EXCEPT AS SPECIFICALLY STATED IN THIS
LICENCE. ANY CONDITION, WARRANTY, REPRESENTATION OR OTHER TERM CONCERNING THE S
UPPLY OF THE SOFTWARE WHICH MIGHT OTHERWISE BE IMPLIED INTO, OR INCORPORATED IN,
THIS LICENCE, OR ANY COLLATERAL CONTRACT, WHETHER BY STATUTE, COMMON LAW OR OTH
ERWISE, IS HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOIN
G DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
6. TERMINATION
6.1 This Licence shall be automatically terminated if you commit a material or p
ersistent breach of this Licence. Termination shall not affect Triumph s rights o
r remedies.
6.2 Upon termination, all rights granted to you under this Licence shall cease;
you must cease all activities authorised by this Licence; and you must immediate
ly delete or remove the Software from your computer.
6.3 The Software can be played through an online match making service operated b
y Triumph, and may be is augmented by additional services like user forums (The
Service). Triumph reserves the right to deny access on the Service to you or any
other player at Triumph's sole and absolute discretion. The Service is offered
with the understanding that Triumph may terminate any Triumph Account registered
to you on the Service at any time, for any reason, including without limitation
for any violation of the EULA, or the Terms of Use. Triumph may stop offering t
he Service at any time and for any reason.
7. Open Source Components
7.1 The Age of Wonders III Launcher executable program (AoW3Launcher) included i
n the Software relies on the Qt GUI Toolkit library (Qt), which is published und
er the Lesser GNU Public License v2.1 (LGPL v2.1). See http://doc.qt.io/qt-5/lgp
l.html. The Qt GUI Toolkit is Copyright (C) 2014 Digia Plc and/or its subsidiary
(-ies). By accepting this Licence you comply with LGPL v2.1.
7.2 A copy of the LGPL v2.1 licence text can be found in the /OpenSource/Qt fold
er of the Software installation along with a Readme.txt on how to acquire the Qt
source libraries. Triumph provides a copy of the Qt source code free of charge.
7.3 To the extent LGPLv 2.1 grants the Licensee rights to use, copy, distribute
or modify Qt that are broader than the rights granted in the License, then the L
GPLv 2.1 rights shall take precedence over the rights and restrictions granted i
n the Licence solely for Qt.
8. User Generated Content
8.1 The Software allows you to create content, which may include, but is not lim

ited to levels, characters, mods and screenshots and video capture (User Content
). If your User Content gives rise to any copyright interest, you hereby grant T
riumph a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence
to use your User Content in any way and for any purpose, including, but not limi
ted to the rights to reproduce, copy, adapt, modify, display, publish, broadcast
, or transmit, without any further notice or compensation to you. You hereby wai
ve and agree never to assert any moral rights to Triumph and other players use of
your User Content. This licence grant to Triumph, and terms above regarding any
applicable moral rights, will survive termination of this License.
8.2 You warrant that User Content uploaded to Triumph s servers or the servers of
Triumph s distribution partners is a) your own work and does not infringe on the r
ights of others (i.e. you did not copy it) and b) is not obscene or defamatory.
You will indemnify and hold harmless Triumph for all damages, costs and expenses
incurred for breaching theses warranties.
8.3 If you provide Triumph with any feedback or suggestions about the Software,
or any Triumph products or services, Triumph is free to use the feedback or sugg
estions however it chooses, without any obligation to notify or compensate you.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
9.1 This Licence is binding on you and us, and on our respective successors and
assigns.
9.2 You may not transfer, assign, charge or otherwise dispose of this Licence, o
r any of your rights or obligations arising under it, without our prior written
consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this L
icence, or any of our rights or obligations arising under it, at any time during
the term of the Licence.
10. GENERAL TERMS
10.1 If we fail, at any time during the term of this Licence, to insist upon str
ict performance of any of your obligations under this Licence, or if we fail to
exercise any of the rights or remedies to which we are entitled under this Licen
ce, this shall not constitute a waiver of such rights or remedies and shall not
relieve you from compliance with such obligations. A waiver by us of any default
shall not constitute a waiver of any subsequent default. No waiver by us of any
of these terms and conditions shall be effective unless it is expressly stated
to be a waiver and is communicated to you in writing.
10.2 If any of the terms of this Licence are determined by any competent authori
ty to be invalid, unlawful or unenforceable to any extent, such term, condition
or provision will to that extent be severed from the remaining terms, conditions
and provisions which will continue to be valid to the fullest extent permitted
by law.
10.3 This Licence and any document expressly referred to in it represents the en
tire agreement between us in relation to the licensing of the Software and super
sedes any prior agreement, understanding or arrangement between us, whether oral
or in writing.
10.4 We each acknowledge that, in entering into this Licence, neither of us has
relied on any representation, undertaking or promise given by the other or be im
plied from anything said or written in negotiations between us prior to entering

into this Licence except as expressly stated in this Licence. Neither of us sh


all have any remedy in respect of any untrue statement made by the other, whethe
r orally or in writing, prior to the date we entered into this Licence (unless s
uch untrue statement was made fraudulently) and the other party's only remedy sh
all be for breach of contract as provided in these terms and conditions.
10.5 This Licence, its subject matter or its formation (including non-contractua
l disputes or claims) shall be governed by and construed in accordance with Dutc
h law and submitted to the non-exclusive jurisdiction of the Dutch courts.
10.6 No third party is intended to benefit under this Licence or to be able to e
nforce it.
COPYRIGHT 2014 TRIUMPH STUDIOS B.V. AGE OF WONDERS III, THE AGE OF WONDERS III L
OGO, TRIUMPH STUDIOS AND THE TRIUMPH STUDIOS LOGO ARE TRADEMARKS OF TRIUMPH STUD
IOS B.V. ALL OTHER TRADEMARKS AND COPYRIGHTS ARE PROPERTIES OF THEIR RESPECTIVE
OWNERS. ALL RIGHTS RESERVED.
========================================
== GOG.com End-User License Agreement ==
========================================
Your use of this product/service is subject to the GOG User Agreement. Copy and
paste this link to your browser to check it out: http://www.gog.com/support/poli
cies/gog_user_agreement
========================================
======= Inno Setup License Terms =======
========================================
Except where otherwise noted, all of the documentation and software included
in the Inno Setup package is copyrighted by Jordan Russell.
Copyright (C) 1997-2008 Jordan Russell. All rights reserved.
This software is provided "as-is," without any express or implied warranty.
In no event shall the author be held liable for any damages arising from the
use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter and redistribute it,
provided that the following conditions are met:
1. All redistributions of source code files must retain all copyright
notices that are currently in place, and this list of conditions without
modification.
2. All redistributions in binary form must retain all occurrences of the
above copyright notice and web site addresses that are currently in
place (for example, in the About boxes).
3. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software to
distribute a product, an acknowledgment in the product documentation
would be appreciated but is not required.
4. Modified versions in source or binary form must be plainly marked as
such, and must not be misrepresented as being the original software.

Jordan Russell
jr-2008 AT jrsoftware.org
http://www.jrsoftware.org/
========================================
=== MICROSOFT SOFTWARE LICENSE TERMS ===
========================================
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2008 RUNTIME LIBRARIES (X86, IA64 AND X64)
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. Please read them. They apply t
o the software named above, which includes the media on which you received it, i
f any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms
apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NO
T USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of
the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gi
ves you some rights to use the software. Microsoft reserves all other rights.
Unless applicable law gives you more rights despite this limitation, you may use
the software only as expressly permitted in this agreement. In doing so, you m
ust comply with any technical limitations in the software that only allow you to
use it in certain ways.
You may not
disclose the results of any benchmark tests of the software to any third party w
ithout Microsoft s prior written approval;
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the
extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or

use the software for commercial software hosting services.


3. BACKUP COPY. You may make one backup copy of the software. You may use it o
nly to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference purpose
s.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws an
d regulations. You must comply with all domestic and international export laws
and regulations that apply to the software. These laws include restrictions on
destinations, end users and end use. For additional information, see www.micros
oft.com/exporting.
6. SUPPORT SERVICES. Because this software is
rvices for it.

as is, we may not provide support se

7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, In
ternet-based services and support services that you use, are the entire agreemen
t for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington
state law governs the interpretation of this agreement and applies to claims fo
r breach of it, regardless of conflict of laws principles. The laws of the stat
e where you live govern all other claims, including claims under state consumer
protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country
, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have o
ther rights under the laws of your country. You may also have rights with respe
ct to the party from whom you acquired the software. This agreement does not ch
ange your rights under the laws of your country if the laws of your country do n
ot permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED AS-IS.
YOU BEAR THE RISK O
F USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. Y
OU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMEN
T CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLU
DES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM M
ICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT REC
OVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT
OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content (including code) on third pa
rty Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, stric
t liability, negligence, or other tort to the extent permitted by applicable law
.
It also applies even if Microsoft knew or should have known about the possibilit

y of the damages. The above limitation or exclusion may not apply to you becaus
e your country may not allow the exclusion or limitation of incidental, conseque
ntial or other damages.
========================================
=== MICROSOFT SOFTWARE LICENSE TERMS ===
========================================
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2010 RUNTIME LIBRARIES
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. Please read them. They apply to
the software named above, which includes the media on which you received it, if
any. The terms also apply to any Microsoft

updates,

supplements,

Internet-based services, and

support services
for this software, unless other terms accompany those items. If so, those terms
apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT
USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1.
INSTALLATION AND USE RIGHTS. You may install and use any number of copie
s of the software on your devices.
2.
Scope of License. The software is licensed, not sold. This agreement onl
y gives you some rights to use the software. Microsoft reserves all other rights
. Unless applicable law gives you more rights despite this limitation, you may u
se the software only as expressly permitted in this agreement. In doing so, you
must comply with any technical limitations in the software that only allow you t
o use it in certain ways. You may not

disclose the results of any benchmark tests of the software to any third party w
ithout Microsoft s prior written approval;

work around any technical limitations in the software;

reverse engineer, decompile or disassemble the software, except and only to the
extent that applicable law expressly permits, despite this limitation;

make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;

publish the software for others to copy;

rent, lease or lend the software;

transfer the software or this agreement to any third party; or

use the software for commercial software hosting services.


3.
BACKUP COPY. You may make one backup copy of the software. You may use i
t only to reinstall the software.
4.
DOCUMENTATION. Any person that has valid access to your computer or inte
rnal network may copy and use the documentation for your internal, reference pur
poses.
5.
Export Restrictions. The software is subject to United States export law
s and regulations. You must comply with all domestic and international export la
ws and regulations that apply to the software. These laws include restrictions o
n destinations, end users and end use. For additional information, see www.micro
soft.com/exporting <http://www.microsoft.com/exporting>.
6.
SUPPORT SERVICES. Because this software is as is, we may not provide suppo
rt services for it.
7.
Entire Agreement. This agreement, and the terms for supplements, updates
, Internet-based services and support services that you use, are the entire agre
ement for the software and support services.
8.
Applicable Law.
a.
United States. If you acquired the software in the United States, Washin

gton state law governs the interpretation of this agreement and applies to claim
s for breach of it, regardless of conflict of laws principles. The laws of the s
tate where you live govern all other claims, including claims under state consum
er protection laws, unfair competition laws, and in tort.
b.
Outside the United States. If you acquired the software in any other cou
ntry, the laws of that country apply.
9.
Legal Effect. This agreement describes certain legal rights. You may hav
e other rights under the laws of your country. You may also have rights with res
pect to the party from whom you acquired the software. This agreement does not c
hange your rights under the laws of your country if the laws of your country do
not permit it to do so.
10.
Disclaimer of Warranty. The software is licensed as-is. You bear the risk
of using it. Microsoft gives no express warranties, guarantees or conditions. Yo
u may have additional consumer rights under your local laws which this agreement
cannot change. To the extent permitted under your local laws, Microsoft exclude
s the implied warranties of merchantability, fitness for a particular purpose an
d non-infringement.
11.
Limitation on and Exclusion of Remedies and Damages. You can recover fro
m Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot r
ecover any other damages, including consequential, lost profits, special, indire
ct or incidental damages.
This limitation applies to

anything related to the software, services, content (including code) on third pa


rty Internet sites, or third party programs; and

claims for breach of contract, breach of warranty, guarantee or condition, stric


t liability, negligence, or other tort to the extent permitted by applicable law
.
It also applies even if Microsoft knew or should have known about the possibilit
y of the damages. The above limitation or exclusion may not apply to you because
your country may not allow the exclusion or limitation of incidental, consequen
tial or other damages.
========================================
=== MICROSOFT SOFTWARE LICENSE TERMS ===
========================================
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX SOFTWARE DEVELOPMENT KIT (SDK)
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. Please read them. They apply t
o the software named above, which includes the media on which you received it, i
f any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms
apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NO
T USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1.
INSTALLATION AND USE RIGHTS.
a.
Installation and Use. You may install and use any number of copies of t
he software on your devices.
b.
Included Microsoft Programs. The software contains other Microsoft prog
rams. The license terms with those programs apply to your use of them.
2.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.
Media Elements and Templates. You may copy and use images, clip art, an
imations, sounds, music, shapes, video clips and templates provided with the sof

tware and identified for such use in documents and projects that you create. Yo
u may distribute those documents and projects non-commercially. If you wish to
use these media elements or templates for any other purpose, go to www.microsoft
.com/permission to learn whether that use is allowed.
b.
Distributable Code. The software contains code that you are permitted t
o distribute in programs you develop if you comply with the terms below.
i.
Right to Use and Distribute. The code and text files listed below are Di
stributable Code.
DIRECTX REDIST.TXT Files. You may copy and distribute the object code form of c
ode listed in DIRECTX REDIST.TXT files.
Sample Code. You may modify, copy, and distribute the source and object code fo
rm of code marked as sample , as well as those marked as follows:
\Utilities\bin\x86\dxerr
\Utilities\bin\x64\dxerr
\Utilities\bin\x86\dxtex
\Utilities\bin\x64\dxtex
\Utilities\bin\x86\DxViewer
\Utilities\bin\x64\DxViewer
\Utilities\bin\x86\GDFTrace
\Utilities\bin\x64\GDFTrace
\Utilities\bin\x86\MeshConvert
\Utilities\bin\x64\MeshConvert
\Utilities\Source\Sas
\Utilities\Source\Effects11
Third Party Distribution. You may permit distributors of your programs to copy
and distribute the Distributable Code as part of those programs.
ii.
Distribution Requirements. For any Distributable Code you distribute, y
ou must
add significant primary functionality to it in your programs;
require distributors and external end users to agree to terms that protect it at
least as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorn
eys fees, related to the distribution or use of your programs.
iii.
Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft s trademarks in your programs names or in a way that suggests your pr
ograms come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows, Xbox
and Windows Mobile platforms;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part
of it becomes subject to an Excluded License. An Excluded License is one that r
equires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
3.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement on
ly gives you some rights to use the software. Microsoft reserves all other righ
ts. Unless applicable law gives you more rights despite this limitation, you ma
y use the software only as expressly permitted in this agreement. In doing so,
you must comply with any technical limitations in the software that only allow y
ou to use it in certain ways.
You may not
disclose the results of any benchmark tests of the software to any third party w
ithout Microsoft s prior written approval;
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the
extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
publish the software for others to copy;

rent, lease or lend the software; or


use the software for commercial software hosting services.
4.
BACKUP COPY. You may make one backup copy of the software. You may use
it only to reinstall the software.
5.
DOCUMENTATION. Any person that has valid access to your computer or int
ernal network may copy and use the documentation for your internal, reference pu
rposes.
6.
EXPORT RESTRICTIONS. The software is subject to United States export la
ws and regulations. You must comply with all domestic and international export
laws and regulations that apply to the software. These laws include restriction
s on destinations, end users and end use. For additional information, see www.m
icrosoft.com/exporting.
7.
SUPPORT SERVICES. Because this software is as is, we may not provide suppo
rt services for it.
8.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, update
s, Internet-based services and support services that you use, are the entire agr
eement for the software and support services.
9.
APPLICABLE LAW.
a.
United States. If you acquired the software in the United States, Washi
ngton state law governs the interpretation of this agreement and applies to clai
ms for breach of it, regardless of conflict of laws principles. The laws of the
state where you live govern all other claims, including claims under state cons
umer protection laws, unfair competition laws, and in tort.
b.
Outside the United States. If you acquired the software in any other co
untry, the laws of that country apply.
10.
LEGAL EFFECT. This agreement describes certain legal rights. You may h
ave other rights under the laws of your country. You may also have rights with
respect to the party from whom you acquired the software. This agreement does n
ot change your rights under the laws of your country if the laws of your country
do not permit it to do so.
11.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED AS-IS.
YOU BEAR THE RI
SK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS
. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGRE
EMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT E
XCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURP
OSE AND NON-INFRINGEMENT.
12.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FR
OM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDI
RECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content (including code) on third pa
rty Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, stric
t liability, negligence, or other tort to the extent permitted by applicable law
.
It also applies even if Microsoft knew or should have known about the possibilit
y of the damages. The above limitation or exclusion may not apply to you becaus
e your country may not allow the exclusion or limitation of incidental, conseque
ntial or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clau
ses in this agreement are provided below in French.
Remarque : Ce logiciel tant distribu au Qubec, Canada, certaines des clauses dans c
e contrat sont fournies ci-dessous en franais.
EXONRATION DE GARANTIE. Le logiciel vis par une licence est offert tel quel . Toute
utilisation de ce logiciel est votre seule risque et pril. Microsoft n accorde auc
une autre garantie expresse. Vous pouvez bnficier de droits additionnels en vertu
du droit local sur la protection des consommateurs, que ce contrat ne peut modif
ier. La ou elles sont permises par le droit locale, les garanties implicites de
qualit marchande, d adquation un usage particulier et d absence de contrefaon sont excl

ues.
LIMITATION DES DOMMAGES-INTRTS ET EXCLUSION DE RESPONSABILIT POUR LES DOMMAGES. Vo
us pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas d
e dommages directs uniquement hauteur de 5,00 $ US. Vous ne pouvez prtendre aucun
e indemnisation pour les autres dommages, y compris les dommages spciaux, indirec
ts ou accessoires et pertes de bnfices.
Cette limitation concerne :
tout ce qui est reli au logiciel, aux services ou au contenu (y compris le code)
figurant sur des sites Internet tiers ou dans des programmes tiers ; et
les rclamations au titre de violation de contrat ou de garantie, ou au titre de r
esponsabilit stricte, de ngligence ou d une autre faute dans la limite autorise par l
a loi en vigueur.
Elle s applique galement, mme si Microsoft connaissait ou devrait connatre l ventualit d
tel dommage. Si votre pays n autorise pas l exclusion ou la limitation de responsa
bilit pour les dommages indirects, accessoires ou de quelque nature que ce soit,
il se peut que la limitation ou l exclusion ci-dessus ne s appliquera pas votre gard.
EFFET JURIDIQUE. Le prsent contrat dcrit certains droits juridiques. Vous pourrie
z avoir d autres droits prvus par les lois de votre pays. Le prsent contrat ne modi
fie pas les droits que vous confrent les lois de votre pays si celles-ci ne le pe
rmettent pas.

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