cebas VISUAL TECHNOLOGY Inc. End User License Agreement (EULA) for thinkingParticles 7

IMPORTANT – READ CAREFULLY:  

This CEBAS End User License Agreement (“License Agreement”) is a legal agreement between you (either an individual or an entity) and cebas VISUAL TECHNOLOGY Inc. a company under Canadian law with residence in Victoria,BC Canada. These terms also apply to any cebas Visual Technology Inc.

• updates,
• Internet-based services, and
• support services

for this software.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. ACTIVATED AND REGISTERED SOFTWARE WILL NOT BE REFUNDED. AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.

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 NOTE, THIS PRODUCT MUST BE REGISTERED AND ACTIVATED
BEFORE YOU CAN USE THE SOFTWARE

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1. General

This is a license agreement and NOT an agreement for sale. Under this contract cebas VISUAL TECHNOLOGY Inc. grants to you a non-exclusive license to use thinkingParticles 7 as long as you are in good standing with the subscription payments, which is software and documentation. thinkingParticles 7 itself as well as the copy of thinkingParticles 7 or any other copy you are authorized to make under this contract remain the property of cebas Visual Technology Inc. at all times.

2. Use of thinkingParticles 7

(1) cebas VISUAL TECHNOLOGY Inc. grants you a nonexclusive, nontransferable license to use thinkingParticles 7 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 thinkingParticles 7 on only one computer at one location at any one time, as long as the user is in good standing with subscription payments.

(2) If thinkingParticles 7 is identified as a demonstration, evaluation, or NFR version, you may use it only for the purpose of commercial evaluation and demonstration. Such licenses are generated for a specific fixed time period. After a NFR license has been expired, all related documentation and data must be destroyed or sent back to cebas VISUAL TECHNOLOGY Inc. or the dealer who handled the NFR version. You may not use it for commercial, professional, or for-profit purposes.

(3)Automatic Update. thinkingParticles 7 may periodically check with cebas Visual Technology Inc. for updates and service packs. If found, these updates and service packs might be automatically downloaded and installed on your licensed system. To use this service you must be connected to the Internet and be fully registered with http://cebas.com. This service is offered free of charge by cebas Visual Technology Inc, however client side Internet access and service costs may apply. Because of the free nature of this service, there is no guarantee whatsoever related to its availability, functionality and features. This Automatic update internet service is offered “AS IS” and it is your sole responsibility to backup and maintain copies of thinkingParticles 7.

(4) If thinkingParticles 7 is identified as EDU, Personal or Not for Commercial Use version, you may only use it for the purpose of learning the software - or in any other form of educational means or environment.  In no way does this license permit you, or the entity who bought this license, to use this software to gain any profit from

(5) If thinkingParticles 7 is identified as a subscription version, you may use  thinkingParticles 7 according to the rules outlined in this document as long as you are

a) in good standing (paid subscription fee for one year)
b) legally own an original (initial) subscription license

3. Multiple use and network operation

If this Software is a Network Version, you may use it only over an internal local area network environment with the cebas VISUAL TECHNOLOGY Inc. Floating License Tool, and you may install and operate thinkingParticles 7 on a single server computer in a single location which may be accessed by other computers, or on an individual computer, as a multiple-user installation with either:

(1) The maximum number of concurrent users being one (1), so that multiple individuals may access or use thinkingParticles 7, but that only one person at a time may do so, or

(2) The maximum number of concurrent users being more than one (1), in which case you must purchase single seat licenses for each additional concurrent user.

The use of software or any device that reduces the number of computers/devices which access thinkingParticles 7's licensing tool when used in a Server configuration may interfere or damage the licensing tool or prevent thinkingParticles 7 from running properly. In no case will such a device “reduce” or prevent you from buying the number of single seat licenses required.

4. Transfer

(1) You may not rent, lease, sub-license or lend thinkingParticles 7 or documentation. thinkingParticles 7 is a Download Software, only and so this license does not allow the transfer to any other person or entity. Once registered, the license will be binding for the person or institution that initially bought or registered it.

You may use the licensed and registered product (thinkingParticles 7) as long as

(a) your natural life time ends

(b) the company legally exists, if the product was bought for a company

5. You May Not:

(1) Copy or use thinkingParticles 7 or Documentation except as permitted by this Agreement.

(2) Reverse engineer, decompile, or disassemble thinkingParticles 7 except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with thinkingParticles 7 or with another program and such information is not readily available from cebas or elsewhere.

(3) Install or use thinkingParticles 7 on the Internet or over a wide area network, including, without limitation, use in connection with a Web based render farm or similar service.

(4) Remove, alter, or obscure any proprietary notices, labels, or marks from thinkingParticles 7 or documentation.

(5) Utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by cebas VISUAL TECHNOLOGY Inc. in connection with thinkingParticles 7, or use thinkingParticles 7 together with any authorization code, serial number, or other copy protection device not supplied by cebas VISUAL TECHNOLOGY Inc. directly or through an authorized reseller.

6. Limited warranty

(1) SPECIAL EFFECTS AND RENDERING PLUG-INS ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. CEBAS VISUAL TECHNOLOGY Inc. WARRANTS THAT thinkingParticles 7 WILL PERFORM IN ACCORDANCE WITH THE DOCUMENTATION. cebas VISUAL TECHNOLOGY Inc. CAN NOT WARRANT THAT thinkingParticles 7 WILL WORK TOGETHER WITH OTHER SOFTWARE AND PLUG-INS FROM OTHER 3RD PARTY DEVELOPERS, BECAUSE OF THE COMPLEXITY OF SUCH INTERACTIONS BETWEEN DIFFERENT OPERATING SYSTEMS OR SOFTWARE PACKAGES. THE USER MAY HOWEVER IMMEDIATELY REPORT SUCH INCOMPATIBILITIES FOR FURTHER INSPECTION BY cebas VISUAL TECHNOLOGY Inc. SUCH A REPORT HAS TO BE DONE IN WRITING.

7. Warranty Disclaimer

THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. cebas VISUAL TECHNOLOGY Inc DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL cebas VISUAL TECHNOLOGY Inc. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, EVEN IF cebas VISUAL TECHNOLOGY Inc. 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.

8. Confidentially

All Licensing information, including license files, descriptions of code activation and written instructions of any kind created by cebas VISUAL TECHNOLOGY Inc. are only intended for the licensed user of thinkingParticles 7 and no one else. Such information may not be spread or distributed in any form to other users.

9. Mandatory Activation

Activation associates the use of thinkingParticles 7 with a specific license server (IP-Clamp) on a specific device. During activation, the software will send information about the software and the device to cebas Visual Technology Inc. This information includes the version, the license version, and product serial number also called license number) of the software, the Internet protocol address of the device. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. UNLESS THE SOFTWARE IS ACTIVATED, YOU HAVE NO RIGHT TO USE THE SOFTWARE. YOU ARE NOT PERMITTED TO BYPASS OR CIRCUMVENT ACTIVATION. You can activate the software by Internet or email. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. For the purpose of customer registration and control of proper use of the programs cebas VISUAL TECHNOLOGY Inc. will store personal data of the users in accordance with Canadian law on Personal Privacy and Data Protection. This data may only be used for the above-mentioned purposes and will not be accessible to third parties.

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 AUTHORIZING THIS SOFTWARE, YOU HEREBY AGREE TO THE TERMS AND CONDITIONS PRESENTED ABOVE.

3ds max is a registered trademark of Autodesk Inc. thinkingParticles 7 is a trademark of cebas VISUAL TECHNOLOGY Inc. deeZoo, ProOpticSuite, LumaObject are trademarks of cebas Visual Technology Inc.