cebasVISUAL TECHNOLOGY Inc. End User License Agreement (EULA) for volumeBreaker
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. By clicking on
the 'Accept' button, installing, copying or otherwise using volumeBreaker, you agree
to be bound by the terms of this License Agreement. If you do not agree to the terms
of this License Agreement, click on the 'Cancel' button and/or do not install volumeBreaker.
NOTE, THIS PRODUCT MUST BE REGISTERED BEFORE YOU
CAN CONTINUE USING THE SOFTWARE FOR AN UNLIMITED TIME
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 volumeBreaker,
which is software and documentation.
volumeBreaker itself as well as the copy of volumeBreaker 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 volumeBreaker
(1) cebas VISUAL TECHNOLOGY Inc. grants you a nonexclusive, nontransferable license
to use volumeBreaker 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 volumeBreaker on only one computer at one location at any one
(2) If volumeBreaker 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. 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 volumeBreaker 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 volumeBreaker, 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 volumeBreaker's licensing tool when used in a Server configuration may interfere
or damage the licensing tool or prevent volumeBreaker from running properly. In no
case will such a device 'reduce' or prevent you from buying the number of single
seat licenses required.
(1) You may not rent, lease, sublicense or lend finalToon or documentation. volumeBreaker
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 (volumeBreaker) 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 volumeBreaker or Documentation except as permitted by this Agreement.
(2) Reverse engineer, decompile, or disassemble volumeBreaker 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 volumeBreaker
or with another program and such information is not readily available from cebas
(3) Install or use volumeBreaker 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 volumeBreaker
(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 volumeBreaker, or use volumeBreaker 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 WARRANTS THAT volumeBreaker WILL PERFORM IN ACCORDANCE
WITH THE DOCUMENTATION. cebas VISUAL TECHNOLOGY Inc. CAN NOT WARRANT THAT volumeBreaker
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
7. Warranty Disclaimer
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 VISUAL TECHNOLOGY Inc.,
ITS SUPPLIERS, TURBO SQUID, INC., OR DISCREET - A DIVISION OF AUTODESK, INC. 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.
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 volumeBreaker and no one else. Such information
may not be spread or distributed in any form to other users.
9. Registration Data
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 the German 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.
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
BY INSTALLING AND AUTHORIZING THIS SOFTWARE, YOU HEREBY AGREE TO THE TERMS AND CONDITIONS
3ds max is a registered trademark of Autodesk Inc. volumeBreaker is a trademark of cebas VISUAL TECHNOLOGY Inc. deeZoo, ProOpticSuite, LumaObject are trademarks of cebas.
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