cebas VISUAL TECHNOLOGY Inc. End User License Agreement (EULA) for scalpelMAX
IMPORTANT -- READ CAREFULLY:
This cebas VISUAL TECHNOLOGY Inc. 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 scalpelMAX, 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 the scalpelMAX.
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 Computer grants to you a non-exclusive license to use scalpelMAX which is software and documentation.
scalpelMAX itself as well as the copy of scalpelMAX or any other copy you are authorized to make under this contract remain the property of cebas Computer at all times.
2. Use of scalpelMAX
(1) cebas Computer grants you a nonexclusive, nontransferable license to use scalpelMAXand 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 scalpelMAXon only one computer at one location at any one time.
(2) If scalpelMAXis 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 Computer 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 Computer Floating License Tool, and you may install and operate scalpelMAXon 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 scalpelMAX, 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 scalpelMAX's licensing tool when used in a Server configuration may interfere or damage the licensing tool or prevent scalpelMAXfrom 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 finalRender Stage-1 or documentation. finalRender Stage-1 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 (finalRender Stage-1) 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 scalpelMAXor Documentation except as permitted by this Agreement.
(2) Reverse engineer, decompile, or disassemble scalpelMAXexcept to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with scalpelMAXor with another program and such information is not readily available from cebas or elsewhere.
(3) Install or use scalpelMAXon 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 scalpelMAXor documentation.
(5) Utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by cebas Computer in connection with scalpelMAX, or use scalpelMAXtogether with any authorization code, serial number, or other copy protection device not supplied by cebas Computer directly or through an authorized reseller.
(6) Install or use scalpelMAXto operate a commercial or non commercial rendering service of any kind, unless a special render-farm license has been directly acquired from cebas.
6. Limited warranty
(1) SPECIAL EFFECTS AND RENDERING PLUG-INS ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. CEBAS WARRANTS THAT scalpelMAXWILL PERFORM IN ACCORDANCE
WITH THE DOCUMENTATION. CEBAS COMPUTER CAN NOT WARRANT THAT scalpelMAXWILL 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 COMPUTER. SUCH A REPORT HAS TO BE DONE IN WRITING.
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 COMPUTER, ITS SUPPLIERS, TURBO SQUID, INC., OR Autodesk Media & Entertainment - 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 COMPUTER OR ITS SUPPLIERS, 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 Computer are only intended for the licensed user of scalpelMAXand 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 Computer 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 enenforceable, 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 Media & Entertainment, a division of Autodesk Inc. PyroCluster is a registered trademark of cebas computer GmbH, PyroCluster, finalRender is a registered trademark of cebas computer GmbH. deeZoo, ProOpticSuite, LumaObject are trademarks of cebas.