3D SPEED CITY (trial version)

GRANT OF LICENSE. Magmic reserves the right to modify these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. Your use of the Site, your subscription to a new Subscription Plan and/or if you maintain your existing Subscription Plan shall evidence your acceptance of the changes to these Terms and shall constitute your agreement to be bound thereby.

OmniGSoft grants you a non-exclusive, non-transferable, non-assignable (including by operation of law or otherwise), non-sublicensable, limited license to install and use this version of the Software in accordance with the terms contained in this Agreement.

OmniGSoft reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, general availability of the Software.

OmniGSoft reserves all rights not expressly granted.

SCOPE OF GRANT.

YOU MAY:

1. Install and use a single copy of the Software.

YOU MAY NOT:

1. Copy or distribute the documentation, if any, which accompanies the Software;

2. Sub-license, assign, transfer, sell, rent or lease any portion of the Software;

3. Modify or in any way disable any part of the Software, which deals with enforcement of this License;

4. Permit other individuals to use the Software except under the terms listed above;

5. Reverse engineer, de-compile, disassemble, modify, translate, and make any attempt to discover the source code or resources of the Software or create derivative works based on the Software;

6. Distribute the Software or use the Software to provide services to third parties;

7. Use the Software for any third party on any commercial basis or use the Software to generate revenue or income of any kind; or

8. Publish or provide any results of reviews or tests, including without limitation benchmark tests, run on the Software without OmniGSoft's prior written consent.

9. Remove any proprietary notices or labels on the Software.

COPY.

You may make one (1) copy of the Software solely for backup or archival purposes. The copy must include all copyright information contained in the original. No other copying is permitted.

COPYRIGHT.

All title, copyrights and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), and any copies of the Software are owned by OmniGSoft.

All title and intellectual property rights in and to the content that may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

The Software is protected by Canadian Copyright Laws and international copyright treaties, as well as other intellectual property laws and treaties. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation.

There is no transfer to you of any title to or ownership of the Software and this License shall not be construed as a sale of any rights in the Software. OmniGSoft and its suppliers reserve all rights not granted.

DISCLAIMER OF WARRANTIES.

Any use of the Software is at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMNIGSOFT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

OMNIGSOFT DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.

LIMITATIONS OF REMEDIES AND LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL OMNIGSOFT OR ITS DISTRIBUTOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL OMNIGSOFT BE LIABLE FOR ANY DAMAGES, EVEN IF OMNIGSOFT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

YOU WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND OMNIGSOFT, ITS DISTRIBUTORS FROM ANY CLAIMS ARISING OR RESULTING FROM YOUR USE OF THE SOFTWARE.

IF YOU PURCHASE THIS SOFTWARE FROM PUBLIC INTERNET, NETWORK OR THROUGH E-MAIL, YOU TAKE THE RISK OF MALICIOUS VIRUS INFECTION, OMNIGSOFT IS NOT LIABLE FOR ANY DAMAGE DUE TO VIRUS.

TERM AND TERMINATION.

This Agreement takes effect when the Software is installed or used for the first time, and remains valid until terminated.

Without prejudice to any other rights OmniGSoft or its distributors have, this Agreement shall terminate automatically without notice from OmniGSoft upon failure by you to comply with any of the term(s) of the Agreement without refund of any fees paid for the license. In such event, you must destroy all copies of the Software. Also, you may terminate this Agreement at any time by destroying the original and any copies of the Software.

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may be amended at the sole discretion of OmniGSoft. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by the laws of Canada.

Copyright (c) 2002-2009, OmniG Software Inc. All rights reserved.