Thank you for considering Daylon Leveller. In addition to receiving the latest version of Leveller and documentation, registered users also obtain the following benefits:

  • Trusted-source product binaries
  • E-mail support
  • Access to free updates
  • Discounts on priced updates

 

END-USER LICENSE AGREEMENT FOR DAYLON GRAPHICS SOFTWARE

This Daylon Graphics End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Daylon Graphics Limited for the Daylon Leveller software product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

 

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

GRANT OF LICENSE. This EULA grants you the following rights:

- Applications Software. You may install and use one copy of the SOFTWARE PRODUCT on a single computer whose name matches the computer name provided during registration of the SOFTWARE PRODUCT.

- Network Use. You may not install a copy of the SOFTWARE PRODUCT on a network server, in whole or in part, for any purpose. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.

- Virtual Machine or Virtual Environment Use. You may not install a copy of the SOFTWARE PRODUCT for operation with a virtual machine, virtual operating system, or other virtual environment which presents a machine name other than the physical computer's name.

 

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

- Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.

- Service Bureau. You may not rent, lease, or otherwise charge third parties to use the SOFTWARE PRODUCT on an otherwise licenced computer.

- Support Services. Daylon Graphics may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Daylon Graphics policies and programs described in the user manual, in "online" documentation, and/or in other Daylon Graphics-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Daylon Graphics as part of the Support Services, Daylon Graphics may use such information for its business purposes, including for product support and development. Daylon Graphics will not utilize such technical information in a form that personally identifies you.

- Software Transfer. You may not transfer your rights to any or all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA) to any third party.

- Termination. Without prejudice to any other rights, Daylon Graphics may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Daylon Graphics as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Daylon Graphics or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy any printed materials accompanying the SOFTWARE PRODUCT.

 

GOVERNING LAW

If you acquired this product in Canada, this EULA is governed by the laws of the Province of British Columbia, Canada. Each of the parties hereto irrevocably submits to the jurisdiction of the courts of the Province of British Columbia and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of Vancouver, British Columbia.

If this product was acquired outside Canada, then local law may apply.

 

WARRANTY AND INDEMNIFCATION

LIMITED WARRANTY. Daylon Graphics warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Daylon Graphics shall be substantially as described in applicable written materials provided to you by Daylon Graphics, and Daylon Graphics support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAYLON GRAPHICS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, 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 PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAYLON GRAPHICS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF DAYLON GRAPHICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Copyright Daylon Graphics Ltd.

Daylon Leveller is powered in part by the OpenGL® API.