This page contains the EULA for V-Ray Swarm.
END USER LICENSE AGREEMENT
This End User License Agreement (the "EULA") is a binding legal agreement between you, as an individual or entity, and Chaos Software Ltd., EIK 131375768, VAT No. BG131375768, Mladost-1A, block 548 entrance B, 2nd floor, Sofia 1729, Bulgaria ("Chaos Group"). By downloading, installing, or using the V-Ray Swarm application (the "Software"), you agree to be bound by the terms of this EULA. If you do not agree to the EULA, do not download, agree to the terms and conditions, click or check a relevant "I accept " box, or perform any similar act, and/or do not use the Software.
You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by the EULA. Chaos Group products are authorized by a compatible license server (an ancillary license administration program used to prevent usage of unlicensed versions or copies, hereinafter referred to as “License Server”). The terms and conditions for the License Server shall be arranged in a separate agreement as a condition precedent to entering this EULA into force. Тhe Software is licensed to you only upon condition that you accept all of the terms and conditions contained and/or referenced herein. This is a license agreement and not an agreement for sale.
NOTICE: Unless otherwise instructed by Chaos Group, the Software is provided to you under this EULA solely for use only together with a valid license for V-Ray for Autodesk Revit, V-Ray for SketchUp, V-Ray for Rhinoceros, and without additional payment in this case. Other forms of use of the Software requires a commercial license for the Software, subject to a separate license agreement, in return for a license fee.
The Software is a downloadable software application that enables you to directly combine remote hardware and software resources when using V-Ray for Autodesk Revit, V-Ray for SketchUp, V-Ray for Rhinoceros, and to manage such resources from your machine (“Device”).
You may download the Software, whether or not you use its functionality, but you must associate it with a valid V-Ray for Autodesk Revit, V-Ray for SketchUp, V-Ray for Rhinoceros, license to enable its full functionality.
Chaos Group hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable, personal license to:
Use the Software for your own personal use only;
- Install the Software on as many devices as you wish to (each of them considered a Device), provided that, however, if used for communication to other software applications which may require additional licenses, you must ensure compatibility with the additional requirements, as the case may be; and
Make one copy of the Software in any machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.
For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for other devices on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one device.
Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with Chaos Group. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Create derivative works based on the Software;
- Use the Software for any purpose other than as described herein;
- Copy or reproduce the Software except as described in this EULA;
- Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
- Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or
- Remove or alter any proprietary notices or marks on the Software.
5. Personal Information and Privacy
. You acknowledge and agree that in order to acquire and use the Software, you (and any third parties acting on your behalf) may have to provide, and Chaos Group and its resellers (and third parties acting on behalf of Chaos Group and its resellers) may acquire, certain personal information and data with respect to you. By accepting the EULA. You hereby consent to Chaos Group processing such information and data. Chaos Group is a registered data administrator (Bulgarian Personal Data Protection Act (01 Jan. 2002 and as amended from time to time)) and as such Chaos Group takes appropriate technical measures to protect your personal information and data. Personal information and data provided to Chaos Group in connection with this EULA may be processed in Bulgaria or any other country in which Chaos Group or its subsidiaries, affiliates or resellers maintain facilities. By acquiring the Software, you consent to the transfer of such information outside of your country under terms and conditions which ensure fair protection of data subject’s rights. In any case such personal information and data will be processed only for the purposes of this EULA and for the time it is effective, unless the applicable laws provide otherwise in which case the wider limits imposed or implied by law will prevail. Any premature revocation or repudiation of data subject’s consent entitles Chaos Group to immediately terminate any associated rights and/or obligations which Chaos Group at its free discretion may consider will not be able to further fulfil.
Personal information and data may be processed only for the performance of this EULA, for administration and authentication purposes necessary for the execution of the EULA, compliance with a legal obligation or to respond to support inquiries.
Chaos Group may provide personal information and data to its subsidiaries and affiliates or Resellers in connection with the provision, maintenance, administration or usage of the Software. Personally identifiable information and data will not be disclosed to external third parties not described herein without your consent. If Chaos Group is required, by law or otherwise, to provide personal information and data to an authorized organization, you would be informed prior to such disclosure. your account is password protected and all information is on a secure server, which only a limited number of Chaos Group 's employees can access. If you suspect that someone else knows his password, or is using it, you shall inform Chaos Group and change the password immediately.
Chaos Group will keep your personal information and data for as long as necessary to fulfil the above purposes or as required provided for by law. You may modify and correct incomplete or inaccurate data at any time by notifying Chaos Group of any change to email@example.com.
6. No Warranty
YOU ACKNOWLEDGES AND AGREES THAT THE SOFTWARE, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS GROUP DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT PRODUCT WILL MEET YOUR EXPECTATIONS, THAT THE PERFORMANCE OR OUTPUT OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. THE SOFTWARE IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OR INDEPENDENT TESTING OF PHYSICAL PROTOTYPES FOR PRODUCT STRESS, SAFETY AND UTILITY. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTION.
7. Right to Terminate or Modify Software
Chaos Group may modify from time to time the Software and this EULA with notice to you either in email or by publishing notice on its website, including but not limited to, charging fees for the Software, or changing the functionality or appearance of the Software. In the event Chaos Group modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. Chaos Group may terminate your use of the Software, the EULA or any related product you may use with regard to the Software, at any time, with or without notice.
8. Render-Farm Service
You may NOT use the Software for organizing commercial render-farm services that provide third parties with contracted/on demand rendering services. Render-farm service providers will need a separate agreement with Chaos Group.
By accepting the EULA, you agree to indemnify and otherwise hold harmless Chaos Group, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Chaos Group SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHAOS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL CHAOS GROUP'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO CHAOS GROUP. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices in connection with this EULA will be in writing and will be sent by postal service or a delivery service. Notices will be effective when delivered and received by Chaos Group at Chaos Group's head office address, which currently is: Chaos Software Ltd., Mladost-1A, 147, Tsarigradsko shosse, 4th floor, 1784 Sofia, Bulgaria.
The EULA between you and Chaos Group will be governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to conflict of laws principles. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate competent court sitting in Sofia, Bulgaria. The EULA constitutes the entire agreement between you and Chaos Group regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. Chaos Software, V-Ray and the V-Ray logo, Chaos Group and Chaos Group logo are registered trademarks of Chaos Software OOD. All other brand names, product names, or trademarks belong to their respective holders, and other ChaosGroup logos and names are trademarks of Chaos Software OOD. You agree not to display or use these trademarks in any manner without Chaos Software OOD's prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.