Livestream Studio Virtual Set 3D Graphics End User License Agreement
THIS LIMITED WARRANTY AND LICENSE AGREEMENT (the “AGREEMENT”) DESCRIBES YOUR RIGHTS TO USE THIS SOFTWARE. YOU SHOULD CAREFULLY READ THIS ENTIRE AGREEMENT BEFORE CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE Virtual Set Pack SOFTWARE. CLICKING THE ACCEPTANCE BUTTON OR THE OPENING OF THE SOFTWARE PACKAGES AND/OR INSTALLATION OF THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD CLICK THE DO NOT ACCEPT BUTTON OR RETURN THE ENTIRE PRODUCT IN NEW CONDITION TO THE PLACE OF PURCHASE.
Except as otherwise specifically provided, NextComputing (“Company”) is the “Licensor” of the Virtual Set Pack software and accompanying content and documentation including without limitation, image, animation, video effect or 3D object files and all other items contained on any storage or distribution medium, if any (the “Programs”). You assume responsibility for the selection of the Programs to achieve your intended results.
The Licensor grants to you, the original end user licensee (“End User,” “You,” or “Your”), a nonexclusive license to use the Programs for Your personal or business use only, and not for further distribution, sale or sublicense, subject to the terms and conditions stated in this Agreement. You may: (i) use the Programs on a single machine; (ii) make up to three (3) copies of the Programs into any machine-readable form only for necessary backup or modification purposes in support of Your use of the Programs on a single machine; and/or (iii) transfer the Programs and this license to another party if the other party agrees to accept all terms and conditions of this Agreement. If You transfer the Programs, You must at the same time either transfer all copies, whether in printed or machine-readable form, to the same party or destroy any copies not transferred. You may not assign or transfer the license to the Programs except as expressly provided in this Agreement. Except as expressly permitted herein, any attempt to lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.
Without limiting the foregoing, content included as part of the Program, including without limitation, images, animations, video effects, or 3D object files (“Content”) is licensed to You for Your personal use only, and not for further distribution, sale or sublicense, subject to the terms and conditions stated in this Agreement. The Content, and related trademarks and copyrights remain the property of their respective owner(s). You may not assign or transfer the Content except as expressly provided in this Agreement. You may use the included content royalty-free for the purpose of creating your own original videos within Virtual Set Pack. You may not use or distribute the content in any way except as part of your own original Virtual Set Pack videos. Except as expressly permitted herein, any attempt to lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.
The Programs are protected by applicable national copyright laws and are also subject to trade secret laws. You may not make, use, modify, adapt, translate, create derivative works or distribute copies of the Programs to others or transfer the Programs from one computer to another nor may You de-compile, reverse engineer, disassemble or otherwise reduce the Programs to a human perceivable form. Such unauthorized use of all or any portions of the Programs for any reason is forbidden, except as expressly permitted herein with regard to Your creation of visual communications. You may not use the Programs to create new or additional products intended for use with the Programs, including but not limited to content packages, intended for sale, license or distribution to licensees of the Programs or third parties using the Programs without the prior written consent of Licensor.
The original and any copies of the Programs, in whole and in part, including translations, compilations, partial copies, modifications, and updates are the property of Licensor or its suppliers. You have only the limited rights granted by this Agreement. You are not an owner of a copy of the Programs, and therefore 17 U.S.C. Section 117 does not apply.
You may terminate Your license to the Programs at any time by destroying the Programs together with all copies, modifications and merged portions in any form. The license also will terminate as set forth elsewhere in this Agreement if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Programs, together with all copies, modifications and merged portions, in any form.
Provided You have paid the applicable license fees for the Programs, Licensor warrants to You that the media on which the Programs are originally distributed to You (if any) are free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to You (the “Program Warranty”). Delivery shall be defined as either the date You download the Programs from an authorized download site, or the date that You pay the applicable license fee to an authorized dealer as evidenced by a copy of Your sales receipt. Licensor does not warrant that the documentation or the functions contained in the Programs will meet Your requirements or that the operation of the Programs will be uninterrupted or error free. Licensor’s entire liability and Your exclusive remedy with respect to breach of the Program Warranty will be the replacement of any media upon which the Programs were originally distributed to You which do not meet the Program Warranty if returned to the Licensor within the Program’s Warranty period with a copy of the applicable sales receipt(s). You are responsible for any costs, expenses, customs, duties, taxes, and/or other similar charges arising with regard to return shipment of the Programs to the place of purchase and Licensor’s return of the Programs under the Program Warranty. You must pay all such costs upon invoice. No oral or written information, advice or advertisement given by Licensor, its dealers, distributors, agents or employees will create a warranty or in any way increase the scope of the limited warranties set forth herein, and You agree not to rely on any such information or advertisement for such purposes.
NO OTHER WARRANTY
EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, THE PROGRAMS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAMS IS WITH END USER. SHOULD THE MEDIA ON WHICH THE PROGRAMS WERE ORIGINALLY DISTRIBUTED TO YOU PROVE DEFECTIVE, BEYOND THE PROGRAM WARRANTY PERIOD, OR DUE TO INAPPROPRIATE USE, ALTERATIONS OR MODIFICATIONS BY END USER, END USER (AND NOT THE LICENSOR OR ANY AUTHORIZED DEALER) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. THIS WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS AND THE END USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
IN NO EVENT WILL LICENSOR OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE PROGRAMS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, SAVINGS, LOST OR DAMAGED DATA OR OTHER PROGRAMS ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAMS OR ASSOCIATED HARDWARE (IF ANY), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR ANY CLAIM BY ANY OTHER PARTY. LICENSOR’S SOLE LIABILITY TO YOU OR ANY THIRD PARTY, AND YOUR SOLE REMEDY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED THE FEE PAID BY YOU FOR THE PROGRAMS, AS APPLICABLE. SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO ALL OR A PORTION OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
GOVERNMENT RESTRICTED RIGHTS LEGEND
If You are acquiring the Programs on behalf of any part of the United States government, the following
provisions apply. The Programs are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the United States government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013; and in subparagraphs (c)(1) and (2) of FAR 52.227-19, Commercial Computer Software Restricted Rights; or FAR 52.227-14, Rights in General Data Alternative III, as applicable.
This Agreement constitutes the entire agreement and understanding of Licensor and End User relating to the Programs and supersedes all prior or contemporaneous understandings, agreements, and communications, and/or advertising with respect to the Program. This Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized Licensor representative. If any provision of this Agreement is held unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement is governed by the laws of the State of California, without reference to its conflict of law principles. You agree to comply with all United States and foreign export control laws and regulations. We hope You enjoyed reading this Agreement as much as we enjoyed writing it.