AtomKraft EULA

1. Introduction

This is a legal agreement between you, the user, and Jupiter Jazz Limited (‘Jupiter Jazz’). Permission to use this software is conditional upon you, the licensee, agreeing to the terms and conditions set out below. By downloading, installing and/or using or otherwise accessing this software, you are becoming a party to, indicating your consent to, and agreeing to be bound by the terms of this agreement, without modification. If you do not understand and agree to those terms, you must not download, install and/or use or otherwise access this software.

In this agreement, the term ‘Software’ shall mean AtomKraft and/or any other associated software provided by Jupiter Jazz within the AtomKraft suite. It shall also include any and all associated materials and documentations. The term ‘Software’ shall also include any third party software incorporated into the Software and any upgrades, modified versions or updates subsequently acquired by or provided to you by Jupiter Jazz.

2. Granted Rights

2.1 License

Subject to the terms of this Agreement, Jupiter Jazz hereby grants you a revocable, non-exclusive, non-transferable license to use the Software onto a single computer for your personal use or own internal business and to make protection backup copies of the Software, provided that any and all copies made must contain all of the original and unmodified proprietary notices, including, but not limited to, this License Agreement. If you wish to install the software on multiple computers (‘Concurrent Installations’), or to allow the software to be used concurrently or near-concurrently by more than one user (‘Concurrent Users’), whether through Concurrent Installation or through installation on a network server or other shared installation for use or access by Concurrent Users, you must purchase additional Licenses for each Concurrent User or Concurrent Installation or Concurrent Use.

2.2 License Fee

The demo version of the Software is free of charge and limited to two rendering threads and you do not have to pay a License Fee. For any other version of the Software that requires a License Key to operate, you agree to pay Jupiter Jazz or its authorized agents or distributors the License Fee and/or Maintenance Fee as per Jupiter Jazz’s pricing policy for each Concurrent User or Concurrent Installation or Concurrent Use. You specifically agree to make sure that the number of Concurrent Users or Concurrent Installations or Concurrent Use does not exceed the number of Licenses obtained and paid for.

2.3 Restrictions

You acknowledge and agree that you shall not:

  1. modify or create any derivative works of the Software
  2. attempt to disable the Software by any means or in any manner
  3. use the educational version of the software for commercial production
  4. attempt to tamper with the restrictions of the demo version of the software, including any rendering threads limitations and watermark that may be generated by the Software
  5. attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction)
  6. redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or disclose the Software to any third party
  7. remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software.

2.4 Ownership

All right, title and interest in and to all copies of the Software, including, but not limited to, intellectual property rights, remains with Jupiter Jazz or its third party suppliers. The Software is copyrighted and protected by international laws. Jupiter Jazz may make changes to the Software, or to items referenced therein, at any time without notice. Except as otherwise expressly provided, Jupiter Jazz grants no express or implied right under Jupiter Jazz’s or any of its third party suppliers’ patents, copyrights, trademarks, or other intellectual property rights. You agree that you will take no action that might jeopardize, limit, or interfere in any way with Jupiter Jazz’s or its third party suppliers’ ownership or other rights regarding the Software.

2.5 Feedback

You might want to provide feedback and/or Jupiter Jazz may request feedback concerning the Software, including but not limited to its application, usability, functionality and features in the form of suggestions, enhancement requests, recommendations, bug reports or any other feedback (collectively the “Feedback”).

You acknowledge and agree on the following:

  1. Any confidential information disclosed by you as “confidential” shall not be considered Feedback.
  2. You have no obligation to provide Feedback under this Agreement.
  3. Feedback is provided on an “as is” basis, and in providing such feedback under this Agreement you make no warranties or representations, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non– infringement.
  4. Jupiter Jazz will protect your confidential information with respect to the Feedback, and as such, Jupiter Jazz shall not directly attribute to you the Feedback or any other information regarding your current, proposed or implied use of the Software as based on the Feedback without your prior written consent or unless such information has been made publicly available through no fault of Jupiter Jazz.
  5. Jupiter Jazz shall have a royalty‐free, worldwide, transferable, irrevocable, perpetual license to use, have used, incorporate and have incorporated into the Software or into another product, existing or future, any Feedback, including any enhancements, improvements or features inferred, directly or indirectly, from the Feedback.

3. Intellectual Property and Trade Secrets

All intellectual property rights including, without limitation, all rights under any applicable patents, trademarks, copyrights and trade secrets related to the Licensed Materials and to any copies thereof made by you are the property of, or are licensed to, Jupiter Jazz. You shall not during, or any time after the termination of this Agreement, permit any act which infringes those rights. Without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the Software except as expressly authorized by this Agreement.

Jupiter Jazz shall defend or, at its option, settle, any claim or proceeding brought against you to the extent that it is based on an assertion that your authorized use of the Licensed Materials constitutes direct infringement of any copyright, trademark, trade secret or patent(s), and shall indemnify you against all reasonable costs, damages and expenses finally awarded against you which result from any such claim, provided that you notify Jupiter Jazz promptly in writing of any such claim or proceeding and give Jupiter Jazz full and complete authority, information and assistance to defend such claim or proceeding and all negotiations for a compromise or settlement. Jupiter Jazz shall have no liability or obligation to you for any patent or copyright infringement or claim thereof based upon any addition to or modification of the Licensed Materials made after installation by any person or entity other than Jupiter Jazz. Jupiter Jazz shall have no obligation hereunder for any costs incurred by you without Jupiter Jazz express prior written authorization.

If the Licensed Materials or any part thereof becomes, or in Jupiter Jazz’s opinion is likely to become, the subject of a claim of infringement, Jupiter Jazz shall have the right, at Jupiter Jazz’s option and expense, to:

  1. procure for you the right to continue using the Software
  2. replace or modify the Software so that it becomes non-infringing
  3. refund the amounts actually paid to Jupiter Jazz by you under this Agreement, less a reasonable allowance to provide for use of the Software by you prior to the date of the refund.

4. Limitations of Liability

In no event shall Jupiter Jazz or copyright holders be liable for any damages whatsoever, including — but not restricted to — lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages, except to the extent invariable law, if any, provides otherwise.

5. No Warranty

The software is provided ‘as is’ with no warranty of any kind, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights. You acknowledge that the software is not error free and further acknowledge that the existence of any such errors shall not constitute a breach of Jupiter Jazz’s obligations.

6. Termination

This Agreement shall be effective unless and until terminated. Jupiter Jazz may, without prejudice to any other rights under this Agreement or applicable law, terminate the license granted in this Agreement at any time without prior notice to you if you fail to comply with any of the terms and conditions of this Agreement. Upon any termination of this Agreement, all rights granted to you under this Agreement shall immediately terminate, and you shall immediately destroy the Software or return all copies of the Software. Termination of this Agreement for any reason shall not affect the validity and enforceability of:

  1. any rights of a party against the other party which accrued up to and including termination
  2. the provisions of this Agreement which by their nature survive termination, namely, Intellectual Property and Trade Secrets, Warranties and Limitations of Liability.

7. Inspection

Jupiter Jazz shall have the right to inspect, upon reasonable prior notice and during normal business hours, any of your locations at which any Software is used or kept to ensure or confirm compliance with the terms of this Agreement.

8. General Provisions

8.1 Severance

In the event that one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, no other provisions contained in the Agreement shall be affected.

8.2 Waiver

No waiver, alteration, modification, or cancellation of any of the provisions of this Agreement shall be binding unless made in writing and signed by the parties. The failure of either party to require performance of any provision of this Agreement shall not affect the right at a later time to enforce such provision.

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