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 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”).
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.
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 YOUyou. By accepting the EULA. You hereby consent to 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 YOU's 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 consents you consent to the transfer of such information outside of YOU's 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 YOU's your consent. If Chaos Group is required, by law or otherwise, to provide personal information and data to an authorized organization, YOU you would be informed prior to such disclosure. YOU's 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 suspects you suspect that someone else knows his password, or is using it, YOU you shall inform Chaos Group and change the password immediately.
Chaos Group will keepYOU's
your personal information and data for as long as necessaryto fulfil the
to fulfil the above purposes or as required provided for by law.YOU
You may modify and correct incomplete or inaccurate data at any time by notifying Chaos Group of any changeto
6. No Warranty
YOU ACKNOWLEDGE ACKNOWLEDGES AND AGREE 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.