cebas Computer GmbH Computer End User License Agreement (EULA) for finalRender Stage-2

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 Computer GmbH a company under German law with residence in Eppelheim, Germany. By clicking on the 'Accept' button, installing, copying or otherwise using finalRender Stage-2, 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 finalRender Stage-2.

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   NOTE, THIS PRODUCT MUST BE REGISTERED BEFORE YOU
CAN CONTINUE USING THE SOFTWARE FOR AN UNLIMITED TIME
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1. General

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 finalRender Stage-2, which is software and documentation.

finalRender Stage-2 itself as well as the copy of finalRender Stage-2 or any other copy you are authorized to make under this contract remain the property of cebas Computer at all times.

2. Use of finalRender Stage-2

(1) cebas Computer grants you a nonexclusive, nontransferable license to use finalRender Stage-2 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 finalRender Stage-2 on only one computer at one location at any one time.

(2) If finalRender Stage-2 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 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 finalRender Stage-2 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 finalRender Stage-2, 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 finalRender Stage-2's licensing tool when used in a Server configuration may interfere or damage the licensing tool or prevent finalRender Stage-2 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, sublicense or lend finalRender Stage-2 or documentation. You may, however, transfer all your rights to use finalRender Stage-2 to another person or legal entity provided that you transfer this agreement, finalRender Stage-2, including all copies, updates or prior versions. You must inform cebas Computer in writing about a license
transfer and the new user has to sign and accept this license agreement.

(2) In case of such a transfer the license of the former user expires and all remaining data covered by this license must be deleted/destroyed

5. You May Not:

(1) Copy or use finalRender Stage-2 or Documentation except as permitted by this Agreement.

(2) Reverse engineer, decompile, or disassemble finalRender Stage-2 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 finalRender Stage-2 or with another program and such information is not readily available from cebas or elsewhere.

(3) Install or use finalRender Stage-2 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 finalRender Stage-2 or 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 finalRender Stage-2, or use finalRender Stage-2 together 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 finalRender Stage-2 to 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 finalRender Stage-2 WILL PERFORM IN ACCORDANCE WITH THE DOCUMENTATION. CEBAS COMPUTER CAN NOT WARRANT THAT finalRender Stage-2 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 COMPATIBILITIES 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, OR ITS SUPPLIERS, 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.

8. Confidentially

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 finalRender Stage-2 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 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.

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.

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.