End-User Licence Agreement
End-User License Agreement for the software product “X-Particles”: a plugin for MAXON’s Cinema 4D
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE PROGRAM
For the purposes of this agreement INSYDIUM LTD, a private limited company registered in the United Kingdom, shall be considered as the supplier of the plugin “X-Particles”.
This End-User License Agreement ("EULA") is a legal agreement between you, the Authorized User (either an individual or a single corporate entity), and INSYDIUM for the software product identified above, which may include associated software components, media, printed materials, and online or electronic documentation.
By installing, copying, or otherwise using X-Particles you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you ("the licensee") and INSYDIUM (“the licensor”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use X-Particles.
X-Particles is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The plugin is licensed, not sold.
1. GRANT OF LICENSE.
X-Particles is licensed as follows:
(a) Installation and Use.
INSYDIUM grants you the right to install and use a copy of the plugin on one computer running a validly licensed copy of MAXON’s Cinema 4D. If you wish to use the plugin on more than one computer, you must purchase an appropriate number of additional licenses.
(b) Backup Copies.
You may also make copies of the plugin as may be necessary for backup and archival purposes.
(c) Floating licences
All licences of X-Particles are considered to be 'floating' licence and may be used with any serial number of Cinema 4D including Licence Server installations. X-Particles is not locked to a specific serial number of Cinema 4D.
(d) Upgrades to Cinema 4D
In X-Particles upgrades to a new version of Cinema 4D will not require a new serial number for X-Particles.
(e) Online licensing
For the purpose of initial validation of a licence, X-Particles must connect to the internet to contact the INSYDIUM licensing servers. During the validation process certain information is sent to INSYDIUM including the X-Particles serial number, Cinema 4D serial number and version, IP address of the user's computer, and MAC address of that computer. INSYDIUM stores this data confidentially for the purpose of validating the licence and the data will never be passed to any third party without your express permission. The licence will be revalidated at 21-day intervals following the initial validation and the same information is passed to INSYDIUM at that time. By installing and using X-Particles you agree that this information can be sent to INSYDIUM when required for licensing purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of X-Particles.
You may not distribute registered copies of X-Particles to third parties. Evaluation versions available for download from the X-Particles website may be freely distributed.
(c) You should note that your name and X-Particles serial number are encrypted and embedded in your copy of X-Particles and can be read by INSYDIUM if required.
(d) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble this plugin, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the software.
(f) Support Services.
INSYDIUM may provide you with support services related to the plugin (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the software and subject to the terms and conditions of this EULA.
(g) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the software.
Without prejudice to any other rights, INSYDIUM may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the plugin in your possession. INSYDIUM will mark your licence as invalid, and the serial number will no longer be accepted as a valid licence for the purposes of online licensing (see paragraph 1(e) above).
All title, including but not limited to copyrights, in and to X-Particles and any copies thereof are owned by INSYDIUM. All title and intellectual property rights in and to the content which may be accessed through use of X-Particles is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by INSYDIUM.
5. NO WARRANTIES
INSYDIUM expressly disclaims any warranty for the plugin “X-Particles”. The plugin is provided “As Is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. INSYDIUM does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within X-Particles. INSYDIUM makes no warranties in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. INSYDIUM further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall INSYDIUM be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of “Authorized Users” use of or inability to use X-Particles, even if INSYDIUM has been advised of the possibility of such damages. In no event will INSYDIUM be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. INSYDIUM shall have no liability with respect to the content of X-Particles or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Installation of the software indicates your acceptance of these conditions.