PIXOLOGIC, INC. 
End User License Agreement

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

1. License. PIXOLOGIC grants to you a non-exclusive license to use the ZBrush Software only in accordance with the terms and conditions set forth herein. The term "Software" shall include the software, documentation and any fonts accompanying this License, whether on disk, in read only memory, on any other media or in any other form. The term "Software" shall also include any upgrades, modified versions, updates, additions, and copies of the Software licensed to you by PIXOLOGIC, if any.

2. Permitted Uses and Restrictions. You may use the Software on a single computer. You agree not to transfer, assign, rent, lease, sublicense, or lend the Software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall be null and void. You agree not to use, copy or modify the Software, in whole or in part, except as expressly provided for in this Agreement. You may not distribute or otherwise make the Program or Documentation available to any third party.

2.1 Home Use. You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers. However, the Software may not be used on your home computer at the same time the Software on the primary computer is being used.

3. Copyright. The Software is owned by PIXOLOGIC, INC., and its structure, organization, and code are valuable trade secrets of PIXOLOGIC. The Software is also protected by United States Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or modify the functionality of the Software. Except as stated in this agreement, this agreement does not grant you any property rights in the Software, including intellectual property rights. You acknowledge that you are receiving a limited license to use the Program and Documentation and that the Company retains the title to the Program and Documentation. You acknowledge that the Company has a valuable proprietary interest in the Program and Documentation. You may not use, copy, modify, or transfer the Program or Documentation or any copy, modification, or merged portion in whole or in part without express permission from Pixologic.

4. Disclaimer of Warranty. PIXOLOGIC IS PROVIDING YOU THE SOFTWARE ON AN "AS- IS" BASIS WITHOUT WARRANTY OF ANY KIND. PIXOLOGIC DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USE THE SOFTWARE . PIXOLOGIC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL PIXOLOGIC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF PIXOLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow limitations on the duration of implied warranties, so your rights may vary depending on the state or jurisdiction in which you are located.  If you are in a state or jurisdiction which prohibits the exclusion or limitation of damages or implied warranties, to the extent permissible, any implied warranties shall be limited to ninety (90) days.

5. Governing Law. This agreement will be governed by the laws of the State of California, without regard to its choice of law provisions. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

6. General Provisions. If any part of this agreement is determined to be void or unenforceable by a court of competent jurisdiction, such part shall be deemed severed and shall not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred, or exported into any country or handled in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

7. Government End Users. The Software and related documentation are Commercial Items as defined under Federal law and are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions stated herein.

Unpublished rights reserved under the copyright laws of the United States.

Pixologic, Inc., 320 W. 31st St., Los Angeles, CA 90007. ZBrush, and the ZBrush logo are trademarks of Pixologic, Inc. All rights reserved.
