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PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE CEBAS OPEN BETA ("AGREEMENT") CAREFULLY. IN ADDITION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BY INSTALLING OR USING THE Open Beta Program (“OBP”) finalRender Stage-2 for Maya (“SOFTWARE”)

CEBAS VISUAL TECHNOLOGY INC. OPEN BETA SOFTWARE PROGRAM AGREEMENT.

1. Participation in the CEBAS Beta Software Program. 

The purpose of the CEBAS OPEN Beta Software Program is to make beta software along with its related documentation available to the Open Beta Program (“OBP”) participants. CEBAS in return seeks feedback on the quality and usability of the beta Software. You understand and agree that participation in the OBP is voluntary and does not create a legal partnership, agency, or employment relationship between you and CEBAS.

You understand that your participation in the OBP does not obligate CEBAS to provide you with any Pre-Release Software. CEBAS reserves the right to modify the terms, conditions, and policies of this OBP from time to time, and to revoke your participation in this OBP at any time. If CEBAS makes changes to the terms and conditions of this Agreement, then CEBAS will present such revised terms and conditions to you on the OBP web portal.
By participating in the OBP, You certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to join the OBP. 
Unless otherwise agreed or permitted by CEBAS in writing, you cannot share or transfer any software or other materials you receive from CEBAS in connection with being a OBP participant. Every OBP participant must register at WWW.CEBAS.COM. This CEBAS ID and password you use to login as a OBP participant cannot be shared in any way or with any one. You are responsible for maintaining the confidentiality of your CEBAS ID and password and for any activity in connection with your account.

You understand that the OBP Software is only available through direct download from www.cebas.com, there is no other legal way to download the software.


2. License Grant and Restrictions.

Subject to your compliance with this Agreement, CEBAS hereby grants you a nonexclusive, nontransferable license to use OBP Software and its manual and other accompanying printed material and “online” or electronic documentation with equipment owned by you or under your control, according to the terms and conditions of this Agreement. This Agreement permits a single user to install and use OBP Software on only one computer at one location at any one time.

You agree not to:

 a) copy or use OBP Software or documentation except as permitted by this agreement
 b) Decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of any CEBAS Software (except as and only to the extent the foregoing restrictions are prohibited by applicable law, or to the extent as may be permitted by licensing terms governing use of open source components included with any such CEBAS Software).
 c) Install or use OBP Software on the Internet or over a wide area network, including, without limitation, use in connection with a Web based render farm or similar service.

CEBAS retains ownership of all CEBAS Software, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any CEBAS intellectual property.

3. Feedback

Feedback shall mean all suggestions, comments, feedback, ideas, or know-how (whether in oral or written form) provided by You to CEBAS in connection with OBP. This includes especially suggested User Interfaces, supplied in drawing, code fragments or scripted language.

You agree that CEBAS may contact you from time to time about the OBP. You further agree that CEBAS may use your feedback in the following ways:

 a) to make, use, copy, modify, and create derivative works of the Feedback,
 b) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and rent, lease or lend copies of the Feedback (and derivative works thereof) and
 c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.

4. Beta Software DISCLAIMER

You understand that to participate in the OBP you may need to remove/re-install previously installed commercial CEBAS software from your workstation. 
You further understand that once you install OBP Software onto your Workstation, you may be unable to revert back to a previous version of the OBP Software. In addition, future releases are unlikely to offer backwards compatibility. Before installing such newer releases of OBP Software, it is up to YOU to create backup versions or installations that may restore your previous status.

YOU ACKNOWLEDGE THAT BY INSTALLING OBP SOFTWARE ON YOUR WORKSTATION, SCENES,DATA OR DOCUMENTS CREATED WHILE USING THE OBP SOFTWARE MAY BE INCAPABLE OF BEING RESTORED OR RECOVERED. CEBAS SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF YOUR TESTING, INSTALLATION OR USE OF OBP SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE OR DATA OR ANY LOSS OF DATA OR INFORMATION ARISING FROM YOUR USE OF SUCH OBP SOFTWARE.

In addition, the OBP Software may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your workstation or other connected devices. It is YOUR responsibility to back-up all data and information on your workstation before using the OBP Software. Even though the OBP Software can be used within production environments, it is important to understand that any use of the software can cause unpredictable issues.

5. Privacy Policy

All data collected will be treated in accordance with CEBAS’ Privacy Policy, which is available online at: https://cebas.com/index.php?pid=privacy_policy

In short:
For the purpose of customer registration and control of proper use of the programs CEBAS will store personal user data in accordance with the Canadian Personal Privacy and Data Protection act. This data may only be used for the above-mentioned purposes and will not be accessible to any third parties.

6. No Support and Maintenance

CEBAS is not obligated to provide you with any maintenance, updates, fixes, technical or other support for the OBP Software. 
You acknowledge that CEBAS has no express or implied obligation to announce or make available a commercial version of the OBP Software to anyone in the future. In case CEBAS releases a commercial version, it is likely to have different features or functionality from the OBP Software licensed hereunder.

7. Discussion Forums

As part of the OBP Software, you have the option to participate in discussion forums provided by CEBAS. You understand and agree that those forums are accessible by the public and so all posts, suggestions and ideas discussed are also available to the public.
CEBAS does not grant you the right to copy, reproduce, publish, blog, disclose, transmit, or otherwise disseminate any CEBAS information on such forums.

8. No Warranty

The CEBAS Software provided hereunder is BETA SOFTWARE, software under development. OBP Software may be incomplete and may contain errors or inaccuracies that could cause failures, corruption and/or loss of data or information. You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the CEBAS Software is at your sole risk and that the entire risk as to satisfactory quality, performance accuracy and effort is with you. CEBAS IS PROVIDING ALL SOFTWARE AND TOOLS, TO YOU SOLELY ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE.

You acknowledge that CEBAS has not promised or guaranteed to you that such OBP Software will be announced or made available to anyone in the future, and that CEBAS has no express or implied obligation to you to announce or introduce the OBP Software or any similar or compatible product, or to continue to offer access to the OBP Software in the future.

9. Disclaimer of Liability

YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE OBP SOFTWARE AND TOOLS PROVIDED UNDER THIS AGREEMENT. THE INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CEBAS DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CEBAS AND ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, EVEN IF CEBAS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE
FOREGOING LIMITATION MAY NOT APPLY.

10. Other

If any provision of this Agreement is found to be invalid or otherwise unenforceable, the further conditions of this Agreement will remain fully effective and the parties
will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid
or unenforceable.

BY INSTALLING AND USING THIS SOFTWARE, YOU HEREBY AGREE TO THE TERMS AND CONDITIONS PRESENTED ABOVE.
Cebas - Visual Technology

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