IMPORTANT NOTICE TO END USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING AND USING ALL OR ANY PORTION OF THIS SOFTWARE (THE “SOFTWARE”), YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY OTHER WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU (“YOU” OR THE “LICENSEE”) AND ANY OTHER LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED, AND LAUBlab KG (THE “LICENSOR”), A COMPANY ESTABLISHED UNDER THE LAWS OF THE REPUBLIC OF AUSTRIA, WITH RESIDENCE IN VIENNA, AUSTRIA. IN THE CASE OF NON-ACCEPTANCE OF THIS LICENSE AGREEMENT YOU ARE NOT PERMITTED TO INSTALL OR USE THE SOFTWARE. THESE ARE THE ONLY TERMS UPON WHICH VRAYFORC4D IS LICENSED.
Grant of License
VRAYFORC4D LAUBlab (The Company) is empowered, and has agreed in consideration of the payment by you of the license fee hereunder to grant you a personal non-exclusive, non-transferable limited license to use the enclosed program (the software or Vray or VRAYFORC4D) in accordance with the terms and conditions of this Agreement. In special cases we reserve the right to decline licensing the use of the Software to individual persons without further explanation. The License agreement permits a single user to use the Software’s user interface on only one computer at one location at any one time; use up to 10 running copies of the Software for distributed rendering at any one time; use unlimited number of running copies for network (frame-by-frame) rendering. This unlimited use is ONLY valid for private or in house render farms (used only by the license holder), not for commercial render services offering their farm to 3rd parties (paid or unpaid). Render farms also need special permission, a special usage agreement and get a render farm usage license, which allows the license holder to offer VRAYforC4D on their commercial render service. Without the written permission and the special render farm license, the use of VRAYforC4D is illegal for commercial Render farm usage. To ensure quality for the end user ll render farms will be tested for reliability before they are allowed to use the software in their commercial render farm service. The qualified render farms are certificated VRAYforC4D render farm services then. Only certificated Services are allowed to offer VRAYforC4D in their render farm service. Note this license limitations are ONLY for commercial render farms, not for in-house render farms, that are only used by the license holder himself.
Interpretation & Definitions
In this Agreement unless the context otherwise requires: Documentation means the technical manuals, user manual and other information which is being made available by the Company to you in either printed or machine readable form; Intellectual Property Rights means any and all patents, registered trademarks, registered designs, application for any of the foregoing, trade and business names, unregistered trademarks, logos, know-how, trade secrets, copyrights, rights in designs, inventions, rights under licenses and consents in relation to any such rights and rights of the same on similar effect or nature in relation to software, source code, object code and associated documentation, together with all goodwill whether or not attaching or relating thereto, in any part of the world. VRAYFORC4D means the “VRAYforC4D” rendering plugin connection to the Vray Render engine (SDK) from Chaos Software ltd., for MAXON Cinema 4D. Use shall mean the right of you to design, create and test your own works (User Works) using VRAYforC4D; distribute your User Works to End users; make back up copies of VRAYforC4D. You may modify and make unlimited copies of any resulting animations, still images or scene files contained in the Software PROVIDED THAT you shall indemnify, hold harmless and defend the Company against any and all costs, claims, demands, expenses, losses and liabilities of whatsoever nature which may arise in conjunction with the distribution or use of your User Works and copies of files contained in the Software.
Property and confidentiality in VRAYforC4D
VRAYforC4D and the Documentation shall remain the sole and exclusive property of LAUBlab KG. Nothing in this Agreement shall confer any rights in any trade name, business name or trademark of LAUBlab KG on you. In order to properly authorize the VRAYforC4D software, LAUBlab KG may obtain certain information about the user’s computer system through the VRAYforC4D license request code. LAUBlab KG understands that this information may be sensible and shall consider it as confidential. LAUBlab KG guarantees that this information will be used only internally and in order to prevent illegal use of the Software. The Company also guarantees that it will use its best commercially reasonable efforts to protect this information except in cases where this information might be required by applicable law. VRAYforC4D uses the official plugin serial system MAXON Computer suggests to be used by 3d party plugin developers. This means each VRAYforC4D authorization License is bound to a specific MAXON CINEMA4D license serial number, it cannot be transferred to another MAXON CINEMA4D serial number. Only exception is for updates to new MAXON CINEMA4D versions, which force changes in the MAXON CINEMA4D base serial number. Such a changes in the License keyfile may happen maximal ONE time per major MAXON update, without exception. Part of the the Software is a provided specially tailored, personal License key file, which is produced for each End User uniquely, it is coded for each User based on the first 11 digits of the personal MAXON CINEMA4D serial number owned and provided by the End User. The End User must ensure the serial number he provides to LAUBlab KG is fully correct. A given License Key file cannot be canceled or exchanged. There will be given only one key file per VRAYforC4D License (exeptions for MAXON updates see above). The End User has the right to return the yet unlicensed software up to a maximum time frame of 14 days, as long he has not installed or unzipped it and as long no specially tailored key file has been produced for the End User. As soon the End User provides the first 11 digits of a MAXON Cinema4d serial number, the personal software keyfile is produced. The enduser fully agrees with no exception, that once his personal tailored license key file has been produced by LAUBLAB KG, any right to cancel or return the license or for any right for refund become extinct. To transfer a license to another c4d serial and/or another license holder, a transfer fee of 125.-euro netto has to be paid before a new license can be made, failing in this will result in cancellation of the existing license. excluded from this is one new free key for a new maxon license update/upgrade per user (without an user change).
Save as otherwise expressly set out herein or as otherwise expressly permitted by law, you shall not: (a) Make any translation, adaptation, arrangement and any other alteration of the VRAYforC4D software or make any reproduction, distribution, communication, display or performance to the public of the results of such acts; (b) Adapt or reverse compile or engineer the whole or any part of VRAYforC4D. (c) Assign, transfer, sell, lease, rent, charge or otherwise deal in or encumber VRAYforC4D or use VRAYforC4D on behalf of any third party, or make available the same to any third party without the prior written consent of the Company; (d) Remove or alter any copyright or other proprietary notice from VRAYforC4D; (e) Not by itself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of VRAYforC4D or the Company or other practices which may be detrimental to VRAYforC4D or the Company; (f) Notify the Company immediately if you becomes aware of any unauthorized use of the whole or any part of VRAYforC4D by any third party; Additional Provisions: In the event any of the terms of this Agreement is declared void because it conflicts with the applicable law, the rest of the terms and the agreements as a whole shall remain in full effect. Such invalid term shall be superseded by the respective applicable legal provisions.
THE COMPANY DOES NOT WARRANT THAT THE USE OF VRAYforC4D WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF VRAYforC4D WILL BE UNINTERRUPTED OR ERROR FREE. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE DATA CONTAINED IN VRAYforC4D. THE COMPANY DOES NOT WARRANT THE ACCURACY OF THE COMPUTATIONS CARRIED OUT BY VRAYforC4D DURING ITS OPERATION AND SPECIFICALLY DOES NOT WARRANT ITS USE IN SAFETY CRITICAL APPLICATIONS. SUBJECT TO THE FOREGOING ALL CONDITIONS, WARRANTIES, TERMS AND UNDERTAKINGS EXPRESS OR IMPLIED STATUTORY OR OTHERWISE IN RESPECT OF VRAYforC4D AND THE DOCUMENTATION ARE HEREBY EXCLUDED TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW. Limitation of liability & Remedies Subject to the limits set out below, the Company shall accept liability to you in respect of direct damage to tangible property resulting from the negligence of the Company or its employee’s agents or sub-contractors. The Company’s entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the amount of the initial purchase price originally paid by you for the Software. The Company shall not be liable to you in respect of any Event of Default for loss of data, information, profits or goodwill (whether such loss is direct or indirect) or any type of special indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the Company had been advised of the possibility of you incurring the same. If a number of Events of Default give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under this Agreement. The En- tire Liability of the Company and your exclusive remedy under the warranty provided herein will be to attempt to correct or work around errors, to replace the Software or to refund the purchase price and terminate this Agreement. This remedy is subject to return of the Software to the Company.
You shall indemnify the Company, and keep the Company fully and effectively indemnified on demand from and against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions which the Company may sustain or incur, or which may be brought or established against the Company by any person, which in any case arise out of or in relation to, or by reason of:- any breach by you of your obligations under this Agreement; any alteration, modification, adjustment or enhancement made by you to VRAYforC4D; or any combination, connection, operation or use of VRAYforC4D with any other equipment, software or documentation not supplied by the Company.
This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This license will terminate immediately without notice from the authorized publisher if you fail to comply with any provision of this License. Upon termination you must destroy the Software and related documentation and all copies thereof.
The Company shall not be liable to you for loss arising from or in connection with any representations, agreements, statements or undertakings made prior to the date of execution of this Agreement other than those representations, agreements, statements or undertakings confirmed by a duly authorized representative of the Company in writing or expressly incorporated or referred to in this Agreement.
Any controversy, claim or dispute that cannot be so resolved shall be settled by final binding arbitration in accordance with the rules of the World Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. Any dispute about the existence and the effect of this Agreement, or in relation with the Agreement or with a breach of it, including any dispute and discrepancy about the validity, interpretation, termination, performance or failure to execute it, shall be taken to the Commercial Court Vienna, located at Justizzentrum Wien Mitte, Marxergasse1a, 1030 Wien . The Austrian law shall be applicable in any case. Cinema 4D is a registered trademarks of Maxon Computer (www.maxon.net), VRAYforC4D software, VRAYforC4D logo and VRAYforC4D documentation belong to LAUBlab KG Vienna . Vray belongs to Chaosgroup (www.Chaosgroup.com) All other brand names, product names, or trademarks belong to their respective holders.