Versions Compared

Old Version 2

changes.mady.by.user Unknown User (zheni.metodieva)

Saved on

compared with

New Version 3

changes.mady.by.user Svetlin Nikolov

Saved on

Key

  • This line was added.
  • This line was removed.
  • Formatting was changed.

...

The Product shall be authorized by a compatible license server (an ancillary license administration software used by the rendering or simulation software described hereunder, to prevent usage of unlicensed versions or copies of such rendering or simulation software, hereinafter referred to as "License Server"). The terms and conditions for the License Server shall be arranged in a separate agreement attached for your convenience as an integral part hereto.

By ticking selecting the "I accept" checkbox button or other button or mechanism designed to acknowledge agreement to the terms of an electronic copy of this Agreement, or by installing, downloading, accessing, or otherwise copying or using all or any portion of the Product as defined below, (i) you accept this Agreement on behalf of the entity for which you are authorized to act (e.g., an employer) and acknowledge that such entity is legally bound by this Agreement (and you agree to act in a manner consistent with this Agreement) or, if there is no such entity for which you are authorized to act, you accept this Agreement on behalf of yourself as an individual and acknowledge that you are legally bound by this Agreement, and (ii) you represent and warrant that you have the right, power and authority to act on behalf of and bind such entity (if any) or yourself. You may not accept this Agreement on behalf of another entity unless you are an employee or another agent of such other entity with the right, power and authority to act on behalf of such other entity.

By accepting this Agreement you also accept the terms and conditions for the License Server, an inseparable part hereto, agree and guarantee that in case you provide to a third person the possibility to access or use the Product or any part of it you shall procure the said third person's acceptance and agreement with the present Agreement otherwise such access or usage shall be deemed illegal.

If You do not agree to any or all of the terms in the Agreement and/or the terms and conditions for the License Server, or any other applicable terms and conditions referred to as part of our relationships and/or a condition precedent for their validity, You must not download, agree to the terms and conditions, click or check a relevant button, or perform any similar act of acceptance, and/or do not use the Product.

...

"Product", as referred herein consists of (some, either of the following or all of them):

  • the particular (a) Lavina, AND/OR b) V-Ray rendering rendering AND/OR   (bc) Phoenix fluid simulation software You chose to get licensed for, as may be specified and designated in the Product section of the Company's web portal;

  • VRayScannedMtl and/or BRDFScanned plug-ins (hereinafter "VRscans plug-in") (optional); a demo version (without GUI support and with watermarks prints on materials) may be included; a complete non-restricted version of VRscans plug-in is accessible with a separate license, as defined below and shall be acquired separately;

  • any other accompanying software, plug-ins and any updates or upgrades to the rendering or simulation software that Licensee may install from time to time;

  • any associated files, documentation and materials, including but not limited to installation files, binary executable files, library files, configuration files and documentation files.

...

  1. Advanced or Commercial full, regular version of the Product for which the license is granted under the general terms of this Agreement, in return for a License fee;

  2. Academic or Educational is a License limited to Your educational purposes . only. Please refer to Section 18 below for further details;

  3. Trial is a license to use the Product for the sole purpose to try it before starting to pay license fees. Trial versions of the Product available for Trial License usually contain all the functionality of the Advanced or Commercial regular version, but can only be used for a limited time. Upon Company's sole discretion the Trial License version might be with reduced functionality, not allowing you to utilize it fully, it might be marked with appropriate water mark, or otherwise subject to limitations. In case of Trial License Type, special terms and conditions apply (please refer to Section 15, Trial License below), which in case of conflict with the other terms and conditions stipulated hereunder, will prevail to the extent of such conflict;

  4. BETA might be available to the public or only a group(s) of users selected upon Company's discretion, for evaluation or beta copies for which Company does not charge a license fee, the requirement to pay license fees does not apply, and additional restrictions on your use of the Product may apply. Please refer to Section 16 below for further details. Beta license, or the beta software itself, will automatically expire once the beta process is complete;

  5. NFR (Not for resale) is a designation for the Product that gives right only for testing with the understanding that you will not resell the Product. NFR ensures You complete, promotional copies of the Product, generally not eligible for upgrades when they become available, and may not include technical support, whenever offered by Company. Product marked with NFR legend is identical in function and packaging to the retail version of the same Product. They are not licensed for resale, and so no license for general use is granted. Please refer to the Section 17 below for further details;

  6. Render Service Provider where a license to the Product is granted to operators of render farms, i.e. high performance computer systems, e.g. computer clusters, built to render computer-generated imagery, under specific conditions stipulated in additional terms and conditions concluded between you and Company.

While you are licensed any License Type, other than regular Advanced or Commercial License, regardless anything to the contrary, under such License Type additional limitations on your use of the Product may apply. In case of time-limited License Type, You may request renewal of the Agreement; however the Company keeps the right to refuse such renewal. In case the renewal is confirmed by the Company, the Agreement is deemed automatically extended for the same period and under the same terms and conditions as agreed hereby.

NOTE: Other than regular Advanced or Commercial License  such as the Agreement may be time-limited for a fixed period expiring automatically on a date specified, prohibition may be imposed to use the Product for commercial purposes, demonstration purposes, testing and evaluation of the Product and/or using the Product to design, create and test your own works ("Licensee's Works"), considering the general restrictions and limitations stipulated below.

NOTE: THIS AGREEMENT SHALL APPLY TO ALL COMPANY'S SOFTWARE PRODUCTS, UNLESS OTHERWISE PROVIDED FOR IN THE SPECIFIC LICENSE TERMS AND CONDITIONS UNDER WHICH А A COMPANY'S SOFTWARE PRODUCT IS MADE AVAILABLE FOR USE, FOR EXAMPLE, THIS AGREEMENT DOES NOT APPLY TO FREEWARE LICENSE TYPE SOFTWARE, OR SOFTWARE NOT DESIGNATED UNDER THE DESCRIPTION OF PRODUCT STIPULATED IN THE PREVIOUS SECTION, WHICH IS LICENSED UNDER SEPARATE TERMS AND CONDITIONS.

...

  1. to install the Product on as many of Your computers as You wish to, provided that You may not, as clearly stipulated hereunder in greater details, at the same time use the Product on more computers than the number of the available licenses authorized by the License Server;

  2. to load the Product, to execute it, to use it, to transmit it to a distance, to keep it on a computer storage device;

  3. to create a back-up copy of the Product, if that is needed for the specific use that the Software has been acquired for and You keep all copyright notices and other marks of ownership on each copy, or partial copy, of the Product. The back-up copy is for Your own internal use only and cannot be provided to any third parties;

  4. to benefit commercially from using the Product in the authorized manner considering the restrictions in contained hereunder or in another agreement by and between the parties hereto;

  5. SCOPE: to use the Product within the scope of the License Type, as defined below, and to use up to the number of concurrent licenses of the Product as have been licensed and paid for at any one time or for the Metered Access Service, as defined below, considering the respective applicable restrictions. The Product is in use for the duration that it keeps engaged a license from the license server;

  6. TERRITORY: to use the Product in the country or authorized territory where You acquire the Product from an authorized reseller, unless otherwise specified by the Company or by applicable law. In case You are an individual, You may use the Product on the territory where You currently reside or temporarily stay at. In case the Product is acquired from Your head office on behalf of Your branch, the Product may be used in the territory or region where the branch is located and always provided that You have acquired the license from a Company's authorized reseller. the Product may be transferred to another country only upon Company's prior written approval.

  7. whenever you do not choose regular Advanced / Commercial license, but You wish to be granted another specific License Type generally made available by the Company, then( unless otherwise stipulated in the Product section and/or supporting documentation) to use the Product strictly for non-commercial purposes such as (not limited to) training and demonstration purposes, testing, trial and evaluation of the Product and/or use the Product to design, create and test Your own works ("Licensee's Works") considering the general and specific restrictions and limitations stipulated by the Company hereunder or elsewhere to that matter.

  8. to use the Product as may be additionally restricted and limited by the License Type you choose, in this Agreement, the Product section and/or supporting documentation.

2.2. Available  Available Licenses (depending on the Product You choose to be licensed) may be some, either of the following or all of them. There may be Products which come along with a single license which combines, some or all of the, features described in the subsections a) to c) below (please check carefully the download section of the Product You choose and the Product user guide for additional information):

2.2.1. For the Product (except VRscans plug-in):

  1. Workstation license. One Workstation license entitles You to use the graphical user interface (GUI) of the Product (except VRscans plug-in) only on one computer or another technical device, respectively, at any one time and You may use only one running copy of the Product (except VRscans plug-in) for local, distributed or network frame-by-frame rendering at any one time. The rendering can be performed either on the same machine where the GUI license is used, or on another machine in the network.

  2. Application SDK End User license. If the Application Software Development Kit (also referred to as the "Application SDK" or "SDK") is included in the installation of Your Product, one Application SDK End User license may be included which entitles You to use the Product and/or Application SDK (except VRscans plug-in) only on one computer or another technical device, respectively, at any one time and You may use only one running copy of the Product and/or Application SDK (except VRscans plug-in) for local, distributed or network frame-by-frame rendering at any one time. The rendering can be performed either on the same machine where the Application SDK End User license is used, or on another machine in the network. Please refer to Section 20 below for further details.

  3. Universal Render node. One  Universal Render node. One Universal Render node license entitles You to use one running copy of the Product (except VRscans plug-in) for local, distributed or network frame-by-frame rendering at any one time or by way of Metered Access Service, as defined below.

...

  1. GUI license. One GUI license entitles You LICENSEE to use the graphical user interface (GUI) of the Product only on one computer or another technical device, respectively, at any one time.

  2. Simulation license. One simulation license entitles You LICENSEE to use one running copy of the Product for local or network fluid simulation at any one time.

...

  1. make copies or otherwise reproduce the Product, except for installing it on Licensee's computers and for back-up copies as specified above;

  2. use the Product to develop a new software product with the same or similar main function;

  3. redistribute or give the Product away in any way (lease, rent, loan, charge, donate, exchange, share or other) to any third parties. You are not allowed to sell (except if permitted by applicable law), transfer, assign or grant access to the Product to any third party and You ensure that Product (accessed either locally or remotely) is used only by You personally, in case You are an individual, or by Your employees, on Your behalf, in case You are a legal entity, and You are responsible for compliance with the terms of this Agreement by its employees. You shall notify Company in a timely manner if You becomes aware of any unauthorized use of the whole or any part of the Product by any third party. The notification shall be made to: contacts@chaosgroup.com;

  4. use the Product for commercial rendering services that provide third parties with contracted/on demand rendering or simulation services, unless you acquired a render-farm license;

  5. create any derivative works or make any translation, adaptation, arrangement and any other alteration of the Product or make any reproduction, distribution, communication, display or performance to the public of the results of such acts;

  6. adapt or reverse compile or reverse engineer or otherwise tamper the whole or any part of the Product;

  7. remove or alter any copyright or other proprietary notice from the Product;

  8. use any of the Product's components, files, modules, audio-visual content, or related licensed materials separately from the Product;

  9. use the Product in a manner that infringes any third party's copyrights or any other rights;

  10. participate in any illegal, deceptive, misleading or unethical practices and activities, which may be detrimental to Company or the Product;

  11. use a number of concurrent users of the Product that exceed the number of licenses acquired. Additional licenses can be added from time to time as such licenses are acquired;

  12. use the Product or Licensee's Works for commercial purposes, unless you acquired Advanced / Commercial or Render Service Provider License;

  13. use the license acquired hereunder by way of Metered Access Service, unless administered by a Company certified provider of Metered Access Service. "Metered Access Service" shall mean making the Product available to end users for on-demand metered use under the licenses granted hereby by Company. The Licensee may not exceed the limit of on-demand metered use acquired under the Metered Access Service.

...

5. PRODUCT DELIVERY. COLLATERAL PRODUCTS

5.1. The  The Company will deliver the Product electronically, You have to register and download the Product from the Company's official website. In order to receive the Software license authorization key, you may have to generate a provisional code from the machine where the License Server is installed, following the instructions in the furnished documentation and to provide that provisional code to the Company. The Company will further provide the respective Software License authorization key.

...

8.2. Personal information and data may be processed only for the performance of this Agreement, for administration and authentication purposes necessary for the execution of the Agreement, compliance with a legal obligation or to respond to support inquiries.

8.3. The  The Company may provide personal information and data to its subsidiaries and affiliates, resellers or resellers partners in connection with the provision, maintenance, administration or usage of the Product. Personally identifiable information and data will not be disclosed to external third parties not described herein in Company's Privacy Policy without Your consent. If the Company is Company may, however, be required, by law or otherwise, to provide personal information and data to an authorized organization, You would be informed prior to such disclosureauthorized organizations. Your account is password protected and all information is on a secure server, which only a limited number of the Company's employees can access. If You suspect that someone else knows Your password, or is using it, You shall inform the Company and change the Your password immediately.

8.4. The  The Company will keep Your personal information and data for as long as necessary to fulfil the above purposes or as provided for by law. You may modify and correct incomplete or inaccurate data at any time by notifying the Company of any change to contacts@chaosgroupto dpo@chaosgroup.com.

9. LIMITED WARRANTY

Any request for deletion of Your personal data may result in immediate termination of this Agreement and Your right to use the Product, which will become effective upon expiration of Your prepaid period. Company may revise from time to time its Privacy Policy, and its most up to date version You can find on https://www.chaosgroup.com/privacy.

9. LIMITED WARRANTY

9.1. YOU MAY, WITHIN FOURTEEN 9.1. YOU MAY, WITHIN FOURTEEN (14) DAYS FROM THE DATE OF ACQUISITION, RETURN THE PRODUCT TO THE COMPANY OR ITS AUTHORIZED RESELLER FROM WHICH THE PRODUCT WAS ACQUIRED, FOR A REFUND NOT EXCEEDING THE RELEVANT LICENSE FEE PAID, IF ANY.

...

12. TERM AND TERMINATION

12.1. The  The Agreement is not limited with any term and is effective until terminated, unless, as of the time the Product is acquired, the Agreement for Your specific Product is time-limited with a fixed expiration period as may be specified on the License Server webpage, in the relevant Product section and/or supporting documentation and/or elsewhere publicly available with clear and disambiguous language.

12.2. The term of each of the licenses, acquired under the Agreement, is indicated in the expiration section on the License Server status web page.

12.3. You  You may terminate the Agreement, as a whole or part for a particular Product, at any time by returning and/or destroying the Product, related documentation and all copies thereof.

12.4. The  The Agreement will also terminate immediately, without any notice from the Company, if You fail to comply with any provision of the Agreement.

12.5. Upon the termination of the Agreement for whatsoever reason, You must cease all use of the Product and destroy all copies, full or partial, of the Product.

12.6. Sections concerning LIMITATIONS/RESTRICTIONS, CONFIDENTIALITY AND NON DISCLOSURE, OWNERSHIP, PRIVACY, LIMITED WARRANTY, DISCLAIMER, LIMITATIONS OF LIABILITY, and OTHER PROVISIONS will survive the termination of this Agreement, howsoever caused, and this will not imply or create any continued right for You to use the Product or any part of the Product after termination of this Agreement.

13. OTHER PROVISIONS

Company may amend or terminate the Agreement for convenience, in whole or in part (NOTE: about affected particular Product(s), Type(s) of License, or any other provision(s) as per the Company's sole discretion), at any time, by either (a) sending you a personal hard copy or digital message, or (b) displaying a relevant public notice on the Company website; on the License Server webpage; in the relevant Product section; and/or in any supporting documentation; and/or elsewhere typically accessing by the Product users, thus making the notice publicly available. Amendment or termination is to be made with clear and disambiguous language and by giving a reasonable period, as per the sole discretion of the Company, before either of them to become effective.

12.5. Upon the termination of the Agreement for whatsoever reason, You must cease all use of the Product and destroy all copies, full or partial, of the Product. If applicable, the Company will inform You about any refund available.

12.6. Sections concerning LIMITATIONS/RESTRICTIONS, CONFIDENTIALITY AND NON DISCLOSURE, OWNERSHIP, PRIVACY, LIMITED WARRANTY, DISCLAIMER, LIMITATIONS OF LIABILITY, and OTHER PROVISIONS will survive the termination of this Agreement, howsoever caused, and this will not imply or create any continued right for You to use the Product or any part of the Product after termination of this Agreement.

13. OTHER PROVISIONS

13.1. This Agreement, including the formation, interpretation, breach or termination thereof, will be governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to its conflict of law rules and principles. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to (and are excluded from the laws governing) this Agreement. The parties to this Agreement shall each use commercially reasonable efforts to settle any dispute, controversy or claim arising out of or relating to this Agreement. If no solution is achieved within sixty (60) days of a party's written notice of a dispute, You agree that any claim, action or dispute arising under or relating to this Agreement 13.1. This Agreement, including the formation, interpretation, breach or termination thereof, will be governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to its conflict of law rules and principles. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to (and are excluded from the laws governing) this Agreement. The parties to this Agreement shall each use commercially reasonable efforts to settle any dispute, controversy or claim arising out of or relating to this Agreement. If no solution is achieved within sixty (60) days of a party's written notice of a dispute, You agree that any claim, action or dispute arising under or relating to this Agreement will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the for resolution to the Court of Arbitration of the Bulgarian Chamber of Commerce and Industry in Sofia, Bulgaria, and be resolved, enforced and further executed in accordance with court rules then in effect and any other laws then in force throughout the Republic of Bulgaria, except that if You are an individual or for any other reason arbitration may not apply to You, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the competent court in Pleventhe for resolution to the Court of Arbitration of the Bulgarian Chamber of Commerce and Industry in Sofia, Bulgaria, and subject to appeal before the relevant appeal court and court of be resolved, enforced and further executed in accordance with court rules then in effect and any other laws then in force throughout the Republic of Bulgaria, except that if You are an individual or for any other reason arbitration may not apply to You, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the competent court in Pleven, Bulgaria, and subject to appeal before the relevant appeal court and court of cassations. The parties to this Agreement waive any other venue to which either party might be entitled by domicile or otherwise. Nothing in the foregoing will prevent Company from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur. You will be considered to have received the Product and subscribed to a service based on the governing law agreed hereunder, regardless of where the Product and the service are delivered or accessed. Licensee may not assign this Agreement or any rights hereunder (whether by purchase of stock or assets, merger, change of control, operation of law, or otherwise) without Company's prior written consent, which may be withheld at Company's sole and absolute discretion, and any unauthorized purported assignment by You will be void. You acknowledge and agree that Company may assign or sub-contract any of its rights or obligations under this Agreement.

13.2. In  In the event any of the terms of the Agreement is declared null or void because it conflicts with the applicable law, the rest of the terms and the Agreement as a whole will remain in full effect. Such invalid term will be superseded by the legal provisions.

...

13.10. The Company may use various technologies to collect and store information when you use the Product, and this may include using cookies or similar technologies to identify Your copy of the Product.

13.11. The  The Company uses Google Analytics, a web analytics service provided by Google, Inc. (e.g., to evaluate your use of the Product, compile reports on activity, and process collected information relating to the Product usage). Google Analytics uses first-party cookies that store information, such as time, previous usages, etc. Google Analytics data is classified as confidential information. Google Analytics product helps businesses and site owners analyze the traffic to and the usage of their apps and websites. For further information, You should refer to the GoogleCompany's privacy policy httpPrivacy Policy at https://www.googlechaosgroup.com/intl/None/policies/privacy/privacy and the Google's privacy policy for further details.

13.12. The Company may contact You with relevant product information or marketing communications, such as newsletters. Such communications contains instructions how You can opt-out in case You do not wish to continue receiving them.13.13. This  This Agreement and any other terms referenced in this Agreement, as may be amended from time to time by the Company on its sole discretion, represent the complete and entire agreement between the parties regarding the subject matter hereof and supersede any and all prior proposals, agreements, representations and understandings between the parties, whether written or oral, regarding the subject matter hereof. The Product is licensed to You only upon condition that You accepts all of the terms and conditions contained and/or referenced herein. This is a license agreement and not an agreement for sale.

13.1413. Headings  Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

13.1514. V V-Ray and the V-Ray logo, Phoenix FD and the Phoenix FD logo, Chaos Group and Chaos Group and ChaosGroup and ChaosGroup logo are registered trademarks of Chaos Software Ltd. All other brand names, product names, or trademarks belong to their respective holders.

13.1615. Notices in connection with this Agreement will be in writing and will be sent by postal service or a delivery service. Notices will be effective when delivered and received by the Company at Company's head office address, which currently is: Chaos Software Ltd., Mladost-1A, 147, Tsarigradsko shosse, 4th floor, 1784 Sofia, Bulgaria.

...

15. SPECIAL TERMS AND CONDITIONS FOR TRIAL LICENSE

15.1. Licensee  Licensee may download а a Trial License version for evaluation and, thereafter, if Licensee liked the Product, order license under the terms and conditions stipulated above, i.e. Licensee can try the Product before starting to pay a license fee. Even though a license fee is not paid for the Trial License, it does not mean that there are no conditions for using the Product under Trial License. These additional and specific terms contained in this Section "Trial License" will apply whenever Licensee chooses to use the Product under Trial License.

...

16.5. You acknowledge and agree that possession, installation, use of the Product or Feedback submission does not transfer to You any title to the Company's intellectual property. The Company and its licensors own and retain title to and ownership of, and all other rights with respect to, the Product, the Collateral Products, the Confidential Information, Feedback and all copies thereof, including, without limitation, any related copyrights, trademarks, trade secrets, patents, and other intellectual property rights.

17. SPECIAL TERMS AND CONDITIONS FOR NFR LICENSE

17.1. Whenever You are provided a NFR License Type for a Product, You acknowledge, understand, recognize and agree that it is s a designation for the Product that gives You right only for testing and demonstration purposes, with the understanding that you will not resell the Product.

17.2. NFR ensures You complete, promotional copies of the Product, generally not eligible for upgrades when they become available, and will not include technical support, whenever offered by Company, unless otherwise clearly stated by the Company in the relevant Product section.

17.3. Product marked with NFR legend are not licensed for resale, and so no license for general use is granted.

18. SPECIAL TERMS AND CONDITIONS FOR EDUCATIONAL/ ACADEMIC LICENSE

16.6. Lavina Project:

  1. eligibility: valid universal render node license automatically entitles You to participation as an end user in the Lavina Project and the use of the relevant beta software available for download at the project section;
  2. specific terms: in addition to the general and special terms and conditions stipulated in this Agreement, all the relevant terms specifically applicable to the Lavina Project, such as period of validity, end date, payment conditions, etc, may be specified in greater details in the relevant platform section(s) or user guide(s) produced by the Company with regard to the Lavina Project, and any and all such may be changed at any time at the sole discretion of the Company, with or without notice to You

17. SPECIAL TERMS AND CONDITIONS FOR NFR LICENSE

1718.1. Whenever You are provided an Educational, also referred to as Academic, a NFR License Type for a Product, You acknowledge, understand, recognize and agree that it is a License limited to Your educational purposes, and is only available for licensees that are academic or educational institutions or individuals that are students or educators.

18.2. Academic or educational institutions are defined as those dedicated to education, including public and private universities, colleges, junior colleges, elementary, middle, high schools, and technical schools which are accredited by a state or other appropriate governmental agency or organization.

18.3. Student/ educator is a person who can confirm enrollment/ employment at a degree-granting educational institution.

18.4. The Company may decide not to charge a full license fee and this will be clearly indicated in the relevant Product section.

19. SPECIAL TERMS AND CONDITIONS FOR RENDERFARM LICENSE

s a designation for the Product that gives You right only for testing and demonstration purposes, with the understanding that you will not resell the Product.

17.2. NFR ensures You complete, promotional copies of the Product, generally not eligible for upgrades when they become available, and will not include technical support, whenever offered by Company, unless otherwise clearly stated by the Company in the relevant Product section.

17.3. Product marked with NFR legend are not licensed for resale, and so no license for general use is granted.

18. SPECIAL TERMS AND CONDITIONS FOR EDUCATIONAL/ ACADEMIC LICENSE

18.1. Whenever You are provided an Educational, also referred to as Academic, License Type for a Product, You acknowledge, understand, recognize and agree that it is a License limited to Your educational purposes, and is only available for licensees that are academic or educational institutions or individuals that are students or educators.

18.2. Academic or educational institutions are defined as those dedicated to education, including public and private universities, colleges, junior colleges, elementary, middle, high schools, and technical schools which are accredited by a state or other appropriate governmental agency or organization.

18.3. Student/ educator is a person who can confirm enrollment/ employment at a degree-granting educational institution.

18.4. The Company may decide not to charge a full license fee and this will be clearly indicated in the relevant Product section.

19. SPECIAL TERMS AND CONDITIONS FOR RENDERFARM LICENSE

19.1. Whenever You are provided a license for use of the Product for commercial renderfarm services, an additional agreement supplementing and amending the present Agreement will be signed with You.

 

20. SPECIAL TERMS AND CONDITIONS FOR APPSDK FOR INTERNAL USAGE AND DEVELOPMENT

20.1 Whenever You are provided a V-Ray Application Software Development Kit ("V-Ray Application SDK") license for use of the Product, these additional conditions and limitations apply to You – the Licensee.

DEFINITIONS:

20.1.1. V-Ray Application SDK, hereinafter referred as the "SDK", consists of:

- V-Ray Render Engine (major version, as may be further specified by the Company), which means Company's proprietary rendering software core in a binary code format.

- V-Ray Application SDK API, which means programming interface that allows Licensee, directly or through Licensee's Works, to programmatically access certain V-Ray Render Engine features and functions;

- V-Ray Application SDK API Reference Guides, containing "Sample Code";

- any other accompanying software, plug-ins and any updates or upgrades to the rendering software that Licensee may install from time to time;

- any associated files, documentation and materials, including but not limited to installation files, Sample code, binary executable files, library files, configuration files and documentation files.

20.1.2. For the purposes of this section "Licensee's Works" means software, software applications, software modules, products, projects, services, solutions or other applications, Licensee creates through utilizing the SDK.

20.1.3. "Content" means Licensee's or a Third Party's text, pictures, data, or other information which are: (i) submitted to, stored, retrieved

or processed by the SDK operating with Licensee's Works, (ii) obtained, developed or produced by the Product operating with Licensee's Works, including but not limited to rendered images. Content is neither part of the SDK, nor of Licensee's Works.

20.1.4. "Sample Code" means sample code examples in source code format.

20.2. GRANT OF LICENSE

INTERNAL USAGE AND DEVELOPMENT:

Subject to and conditioned on Licensee's continuous compliance with this Agreement and payment of the applicable fees for the Product, if any, Company grants Licensee non-exclusive, internal-use, non-sublicensable, non-transferable (except if permitted by applicable law), revocable right and license to access the SDK, or any part of it, for development, research and other internal purposes only, to:

a. use the SDK or any part of it "AS IS"; and/or

b. create Licensee's Works; and/or

c. link to Licensee's Works and/or any other Licensee's software, software applications, products, projects, services, solutions; and/or

d. make copies of the SDK only as necessary to perform an activity permitted under this Agreement and Licensee keeps all copyright notices and other marks of ownership on each copy, or partial copy, of the SDK. Any copies or partial copies of the SDK are for Licensee's internal usage only and cannot be provided to any third parties. Licensee agrees to delete all copies of the SDK when they are no longer required for the purpose they were created for. You may not use the SDK or Licensee's Works for commercial purposes, unless a specific agreement with the Company is reached on that. "Commercial Purposes" means, not limited to: to sell, charge, accept payment in any form or other compensation for the usage of the SDK, Licensee's Works or any parts thereof produced with the SDK.

SDK REQUIREMENTS AND ADDITIONAL LIMITATIONS:

20.3.1. Required Licenses are:

a. V-Ray Application SDK license. One V-Ray Application SDK license entitles Licensee to one installation of the SDK on one Computer. The term of the V-Ray Application SDK license is specified as designated by the Company. Licensee may request renewal of the term, however Company keeps the right to refuse such renewal. In case the renewal is confirmed by Company, the term of the license is deemed automatically extended for an additional period, as instructed by the Company, under the terms and conditions of this Agreement.

b. Universal Render Node license. One Universal Render Node license entitles Licensee to use one running copy of V-Ray Render Engine for rendering at any one time. The terms and conditions for Universal Render Node license are arranged in a separate end user license agreement with Company.

20.3.2. Number of licenses. Your number of licenses is specified by the Company, where usually one Product license entitles You to one SDK license. Additional licenses can be acquired from time to time under the terms and conditions of the relevant license agreement governing the licenses acquisition. Licensee acknowledges that Company is currently developing or may develop technologies and products in the future that have or may have design and/or functionality similar to products that Licensee may develop based on the V-Ray Application SDK license herein. Nothing in this Agreement shall impair, limit or curtail Company's right to continue with its development, maintenance and/or distribution of Company's technology or products. Licensee agrees not to assert in any way any patent owned by Licensee arising out of or in connection with the SDK and/or the Product, or modifications made thereto, against Company, its subsidiaries or affiliates, or their customers, direct or indirect, agents and contractors for the manufacture, use, import, licensing, offer for sale or sale of any Company products19.1. Whenever You are provided a license for use of the Product for commercial renderfarm services, an additional agreement supplementing and amending the present Agreement will be signed with You.

 

----------------------