This is the text of the Franklin 3D Developer License Agreement

FRANKLIN 3D DEVELOPER LICENSE AGREEMENT

This License Agreement ("LICENSE AGREEMENT", herein also referred to as "Agreement") is a legal agreement between You (either an individual or a single entity) and Paradigma Software, Incorporated (“Paradigma”), for a Paradigma Software Product, herein referred to as Product (“Product”) which includes computer software (the Software) . Associated media, printed materials, and "online" or electronic documentation are governed according to their own license.

Specific grants under this LICENSE AGREEMENT are based on the specific Product covered as described by Product Name in this LICENSE AGREEMENT.

If you do not agree to the terms of this LICENSE AGREEMENT, do not download, install or use it. You agree that by downloading or otherwise using the Product in any way constitutes your agreement with the terms of this Agreement and to be bound by its terms.

This LICENSE AGREEMENT applies individually to each Product, rather than collectively to all Products that use it; the only exception to this is if you commit an uncured breach of this LICENSE AGREEMENT, which Paradigma may treat as an uncured breach of every LICENSE AGREEMENT to all Products that you license using this Agreement.

You warrant that any license information you provide is true. You may not transfer or sub license any rights granted under this agreement, or otherwise convey or transfer the license code of this software in any way that provides unsecure access to the information.

This agreement constitutes the entire agreement between you and Paradigma in regards to the rights herein and supersedes any prior agreement concerning the Product. This agreement may only be modified by being superseded by a future update of the LICENSE AGREEMENT from Paradigma Software, Inc.

DEFINITIONS

“You” or “Licensee” refers to you, either an individual or entity that installs, downloads, purchases or uses the Software and has purchased the right to use the Product and agreed to all terms of this Agreement.

“PARADIGMA”, “Paradigma Software, Incorporated” refers to Paradigma Software, Incorporated, an Oregon, USA company.

“Documentation” refers to any user manual, both printed and electronic (file based), and other printed materials accompanying the Product.

“Product” refers to the Paradigma Software, Incorporated product, or any portion of the Paradigma Software, Incorporated product you license under this Agreement.

"Commercial Use” refers to any use of the Product or deployment of Product components other than Academic Use; commercial use allows but is not limited to the deployment of Product components as a part of another work for financial gain.

“Academic Use” refers to the use of the Product or deployment of Product components for the purpose of research or instruction by students, teachers, administrators of an academic organization, including schools, museums and libraries, and deployment solely within the purchasing organization.

“Dedicated Computer” refers to a single computer upon which the Product may be installed for development purposes.

“SERIAL CODE” refers to a unique serial code provided by Paradigma to you to initialize the Distributable Components.

“Distributable Components” refers to one or more components you are expressly permitted to deploy or display as a part of a Work.

"Work” includes shareware, shrink-wrap software products, or any work, application, product or device that is deployed or displayed that incorporates any portion of a Distributable Component to which you own the rights and which you deploy in a compiled or binary form.

TERMS

In consideration of payment, Paradigma Software, Incorporated grants you a limited, non-exclusive, license to Use of Product as defined in this Agreement, until this Agreement is terminated.

GRANTED RIGHTS

INSTALLATION AND USE

You may install and use the Product on a single, dedicated computer per License for development purposes. You may deploy the components according to the deployment terms of this Agreement.

ARCHIVAL RIGHTS

You may retain an archival copy of the software only while you are in good standing with the terms of this license.

USE RIGHTS

You are granted rights accordingly to if you meet the qualifications to license the product that this LICENSE AGREEMENT applies to. If you do not meet the requirements for USE RIGHTS and use the Product in violation of the LICENSE AGREEMENT, your have breached this LICENSE AGREEMENT.

ROYALTY FREE DEPLOYMENT OF COMPONENTS

The deployment components may be deployed royalty free under this LICENSE AGREEMENT according to the specific build of materials in the PRODUCT you have licensed.

IRRLICHT LICENSE

The Irrlicht component is based on the Irrlicht Engine Copyright © 2002-2005 Nikolaus Gebhardt. You may not claim original authorship of either this Product or the Irrlicht Engine.

GENERAL REQUIREMENTS AND RESTRICTIONS

YOU MAY NOT REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE PRODUCT, EXCEPT AND ONLY TO THE EXTENT EXPRESSLY PERMITTED BY APPLICABLE LAW. ANY VIOLATION OF THIS PROVISION AUTOMATICALLY TERMINATES YOUR RIGHTS UNDER THIS AGREEMENT.

NON COMPETE

You agree that it is a breach of this Agreement for You to create, release, display or distribute any Work that incorporates any portion of the Product and is primarily a wrapper around the Product or the Distributable Components and that incorporates any portion of the Product or Distributable Component as a competing product to Product.
Any violation under LIMITATION ON ROYALTY FREE USE OF SOFTWARE or any other section of this agreement constitutes a breach of this Agreement.

NO INCONSISTENT RIGHTS

You may not grant to Your End User any rights that are inconsistent to the rights granted to you in this Agreement. You may not grant to Your End User the right to distribute any portion of the Distributable Components separately from your Work, or provide them with any assistance, consulting or information that will allow them to do so. You agree to not attempt to modify or change the initialization procedure or assist, consult, direct or inform any other entity on methods to modify or change the initialization procedure.

SECURITY OF YOUR SERIAL CODE

You may only use the Product in a way that allows your serial code (the information required to activate functionality in the Product) to be concealed or encrypted so that the serial code is not revealed to any other entity.

FALSIFIED OR FRAUDULENT INFORMATION

Any rights granted under this Agreement are immediately revoked if you provide Paradigma Software with falsified or fraudulent information during, as a part of, or in an update to, the registration process, or for lack of compliance with any provision of this Agreement. You agree that, if contacted by a representative of Paradigma Software, either in writing from Paradigma Software officers or by email (if originating from the paradigmasoft.com, and franklin3d.com domains), you will promptly confirm or provide any registration information required.

CODE NON DISCLOSURE

If the Product includes access or use of source code that is not explicitly publiclly released by Paradigma Software, you will treat any source code as confidential and proprietary, trade secret information of Paradigma Software; only you and your employees may have access to any non-public source code. You further warrant and accept unconditionally any damage to Paradigma Software caused by allowing access to the source code if you violate the terms of the preceding sentence.

SAMPLE CODE

The sample code included with the product may be released under a different license that the one included in this EULA. You are responsible for any legal conformity with any accompanying terms for use of that source code.

GENERAL PROVISIONS

BREACH OF CONTRACT

Any breach of any portion of this agreement automatically and immediately terminates any rights granted to You on the date the violation occurs, and you agree to: destroy or have destroyed all copies of the Product, including any archival copies the Product.

At its sole discretion, PARADIGMA may waive a breach, but any waiver of any one breach does not constitute a waiver of other or subsequent breaches. PARADIGMA is entitled to any costs or legal fees associated with bringing you into compliance with this Agreement, as well as any other damages awarded.

RIGHT TO MODIFY AGREEMENT

Paradigma Software, Incorporated reserves the right to update, modify or replace this Agreement at any time and without any additional notice to you, when the following is true: 1) Such update, modification or replacement of this Agreement is included in any patch, upgrade, update version or derivative of the Product that Paradigma makes available, and 2) you install, download, purchase or use the patch, upgrade update version or derivative of the Product. You may continue to use a previously released version of Product under the LICENSE AGREEMENT associated with the Product provided there is no breach of contract under the previous Agreement.

NO ATTACHED PROVISIONS

Paradigma is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Paradigma specifically agrees to the provision in writing. You agree that any provision applied to any purchase order, receipt, acceptance, confirmation, correspondence or otherwise received by Paradigma shall be void without the express written agreement of Paradigma.

HEADINGS

Headings and section titles in this Agreement are for organizational purposes and do not, in themselves, constitute any interpretive portion of this Agreement.

SEVERABILITY

The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.

LIABILITY

In the event that there is a risk of liability based on the claim that the Product infringes any copyright, patent, or any other intellectual property right under the laws and jurisdiction of the United States of America, You must promptly contact Paradigma. Paradigma may elect to do one or more of the following: (1) Paradigma may exchange the allegedly infringing Product with non-infringing components of equivalent functionality, at no charge to you; and (2) Paradigma may acquire the right for you to continue to use the Product. If Paradigma is unable to affect any of these remedies, Paradigma may repurchase the Product from you for its original price. You agree to indemnify, hold harmless and defend Paradigma from and against any claims or lawsuits, including attorneys' fees that arise or result from the use of non-Paradigma products, or any alteration of the Product. In no event shall Paradigma's total liability for any damages, in connection with the product, the product documentation, and/or this license exceed the license fees paid for Licensee's right to use this copy of the product whether such liability arises from any claim based upon contract, warranty, tort or otherwise. You agree to indemnify, hold harmless and defend Paradigma from and against any claims or lawsuits, including attorneys’ fees that arise or result from your use of one or more components of the Software that you license under this Agreement in combination with non-Paradigma products, or as a result of any alteration of the Software by you.

THE SOFTWARE IS PROVIDED "AS IS", AND PARADIGMA IS NOT RESPONSIBLE FOR LICENSEE'S ABILITY OR INABILITY TO USE OR INCORPORATE THE SOFTWARE FOR ANY PURPOSE BEYOND THAT SPECIFIED IN THIS AGREEMENT.  IN NO EVENT WILL PARADIGMA BE LIABLE TO LICENSEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION AND/OR THIS AGREEMENT EVEN IF PARADIGMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

Some U.S. states do not allow limitation or exclusion of incidental or consequential damages, so that above limitation or exclusion may not apply to this Agreement.  In no event shall Paradigma's total liability for any damages, in connection with the Software and/or this Agreement exceed the license fees paid for Licensee's right to use this Software, whether such liability arises from any claim based upon contract, warranty, tort or otherwise.

LIMITED WARRANTY

Paradigma warrants that if you purchased the Product on media provided by Paradigma, Paradigma warrants the media to be free of defects for a period of 30 days after the date of purchase. If disks provided by Paradigma fail to work and, the reason for failure to work is not from abuse or not from non-standard hardware or software used by you, Paradigma shall replace the media, provided you return the defective media to Paradigma at your cost. Any written or oral information or advices given by Paradigma dealers, distributors, agents, or employees will in no way increase the scope of this warranty except through a revision of this Agreement. You assume full responsibility for the selection of the product to achieve your intended purposes, for the proper installation and use of the product and for verifying the results obtained from use of the product, Paradigma does not warrant that the functions contained in the product will meet your requirements, that the product is fit for any particular purpose or that the operation of the product will be interruption or error free.

EXCLUSIVE REMEDY

Your exclusive remedy is to return the Product to the place you acquired it, with a copy of your receipt. You agree to any return or remedy policy required by the place you acquired the software. Your exclusive remedy and Paradigma and its suppliers' entire liability arising from or in connection with the software, documentation, product and/or this license (including without limitation for breach of warranty or non-infringement) shall at the greatest be refund of license fees paid. IT IS EXPRESSLY UNDERSTOOD THAT ANY USE OF ANY VERSION OF THIS PRODUCT DESIGNATED AS FREE OR NO COST SHALL BE SOLELY AT THE RISK OF THE USER.

ALLOCATION OF RISK

Provisions of this Agreement such as the warranty limitations, exclusive remedies and limitations of liability are unrelated, independent allocations of risks between Licensee and Paradigma. Unenforceability of any such provisions shall not affect the enforceability of other such provisions. Paradigma's pricing reflects the allocations of risk contained in this Agreement.

GOVERNING LAW, COPYRIGHT RESTRICTIONS

The Product is provided with RESTRICTED RIGHTS under the laws of copyright of the United States. All rights not expressly granted in this Agreement are reserved by Paradigma Software, Incorporated. Use, duplication, or disclosure by the government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and paragraph (c(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19. The manufacturer Paradigma Software, Incorporated, 6107 SW Murray Blvd #151, Beaverton, Oregon 97008.

You acknowledge that the Software may require a license from the United States Department of Commerce or other government agency before it may be taken or sent outside the United States. You agree to obtain any required license before taking or sending the Software outside the United States. You will not permit the export or re-export of the Software without obtaining required licenses or letters of further assurance. You agree to pay all taxes that may now or hereafter be imposed, levied, or assessed with respect to the possession or use of the Software or this Agreement. If any provision of this Agreement is unenforceable, all others will remain in effect. If any provision of this Agreement is held unenforceable as written, it shall be enforced to the maximum extent allowed by applicable law. This Agreement shall be governed by the internal laws of the State of Oregon and the United States, including U.S. copyright laws, and venue in the event of any suit, proceeding or claim shall be in the Courts located in Washington County, Oregon. If you have any questions regarding this Agreement, you may contact Paradigma by writing Paradigma at the following address:

Paradigma Software, Incorporated
6107 SW Murray Blvd #151
Beaverton, Oregon 97008

YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE, FINAL AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PARADIGMA AND SUPERSEDES ANY PRIOR AGREEMENT OR ANY OTHER COMMUNICATIONS BETWEEN PARADIGMA AND YOU RELATING TO THE USE OF THE SOFTWARE.