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RED GIANT LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLATION.
BY INSTALLING, COPYING OR IN ANY OTHER WAY MAKING USE OF THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE.
Trapcode Particular License
1. Grant of evaluation license
Upon your acceptance of the terms and conditions of this License Agreement by installing the software, Red Giant grants you a non-exclusive license regarding use of the Trapcode Particular software (the "SOFTWARE") on the terms and conditions set out in this License Agreement. The License is restricted and only gives you the right to install and use the SOFTWARE for evaluation and demonstration purposes. Any commercial or production use is prohibited. The License is only valid as long as you adhere to the terms and conditions of this License Agreement. Ownership and title of the SOFTWARE remains with Trapcode at all times.
2. Grant of commercial license
A commercial license can be purchased from Red Giant or its resellers. The commercial license contains a "License Key" that unlocks the SOFTWARE so it can be used for commercial applications. The commercial license is issued to an individual or to an organization. It can be issued for one user or for multiple users. The commercial license may be installed on one main computer and one secondary computer for each user the license is valid for, but only one of them may be used at the same time. The commercial license may also be installed on 5 (five) render-only nodes on the same local network as the main and secondary computer. If more render-only nodes are needed, additional licenses can be purchased.
3. Permitted use and restrictions
The SOFTWARE may not be distributed without written consent from Trapcode. You may not make reproductions of the SOFTWARE with the exception that you are allowed to make one (1) archive copy. The same copyright notice and proprietary marking as appears on the original SOFTWARE must be included in all copies thereof.
You may not disassemble, create derivative works, modify, reverse engineer, adapt or decompile the SOFTWARE.
4. Upgrades, updates and new versions
This License Agreement for the SOFTWARE only covers the current version of the SOFTWARE and does not give you the right to any updates, upgrades or new versions of the SOFTWARE.
5. No Warranties
The SOFTWARE and any related documentation is provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or infringement. The entire risk arising out of the use or otherwise in connection with the SOFTWARE remains with you.
In no event shall Trapcode or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE, even if Trapcode has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
7. Intellectual property rights
The SOFTWARE is copyrighted. Title to the SOFTWARE and all other rights remain Trapcode's at all times. You agree to abide by Swedish and international copyright laws and treaties, and all other applicable laws and regulations including, but not limited to, export control laws and regulations.
Trapcode Particular is a trademark of Trapcode AB. All other trademarks or registered trademarks are property of their respective companies.
8. US restricted rights
The SOFTWARE and thereto related documentation is provided with restricted rights. The use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software Clause at (252) 227-7013. 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer of this Software is Trapcode AB, Folkungagatan 49, 11622 Stockholm, Sweden.
9. Governing law and severability
This License Agreement shall be governed by the laws of Sweden, excluding its conflict of law provisions. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License Agreement shall continue in full force and effect. Any dispute regarding this License Agreement shall be finally settled by arbitration with the provision of the Swedish Arbitration Act (SFS 1999:116) as are presently in force. The proceeding shall take place in Stockholm, Sweden.