DIGIREAL STUDIOS / Terms & Conditions
End User License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
DIGIREAL STUDIOS grants to you a non-exclusive license to use the DRS Tools Software Plugin only in accordance with the terms and conditions set forth herein. All DRS Tools functions, updates, upgrades and or ad-ons shipped with or acquired with DRS Tools are also subject to this End User License Agreement and its limitations. The term “Software” shall include the software plugin, documentation and any fonts accompanying this License, whether on disk, in read only memory, on any other media or in any other form. The term “Software” shall also include any upgrades, modified versions, updates, additions, and copies of the Software licensed to you by DIGIREAL STUDIOS, if any.
2. Permitted Uses and Restrictions.
You agree not to transfer, assign, rent, lease, sublicense, or lend the Software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall be null and void. You agree not to use, copy or modify the Software, in whole or in part, except as expressly provided for in this Agreement. You may not distribute or otherwise make the Software or Documentation available to any third party.
2.1 License Variants.
Permitted installation and activation of the Software is subject to the purchased license type. You agree to install and use the Software in compliance with these terms.
2.1.1 Single-User Node-Locked License.
You may activate the Software on a maximum of 1 computer only.
2.1.2 Volume License.
You may install one or more copies of the Software on your computers for your internal use. The maximum permitted number of activations and therefore users is equal to the number of Software licenses that you have purchased.
2.2 NFR “not for resale” Version.
NFR “not for resale” Versions are provided at DIGIREAL STUDIOS ‘s discretion for a specific purpose and may only be used within that capacity. The license may be revoked by DIGIREAL STUDIOS at any time and is not eligible for update or upgrade to a newer Software version.
3. Digireal Studios Copyright and Intellectual Property Policy.
The Software is owned by DIGIREAL STUDIOS, and its structure, organization, and code are valuable trade secrets of DIGIREAL STUDIOS. The Software is also protected by Cyprus Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or modify the functionality of the Software. Except as stated in this agreement, this agreement does not grant you any property rights in the Software, including intellectual property rights. You acknowledge that you are receiving a limited license to use the Software and Documentation and that DIGIREAL STUDIOS retains the title to the Software and Documentation. You acknowledge that DIGIREAL STUDIOS has a valuable proprietary interest in the Software and Documentation. You may not use, copy, modify, or transfer the Software or Documentation or any copy, modification, or merged portion in whole or in part without express permission from DIGIREAL STUDIOS.
5. Disclaimer of Warranty.
DIGIREAL STUDIOS IS PROVIDING YOU THE SOFTWARE ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND. DIGIREAL STUDIOS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE . DIGIREAL STUDIOS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL DIGIREAL STUDIOS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF DIGIREAL STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
THE SOFTWARE IS PROVIDED SOLELY FOR THE PURPOSE OF ENABLING THE CREATION OF DESIGNS BY THE USER AND NOT FOR THE PURPOSE OF ANY MANUFACTURING OF DESIGNS CREATED USING THE SOFTWARE, AND ANY SUCH MANUFACTURING IS AT THE USER’S SOLE RISK. DIGIREAL STUDIOS DISCLAIMS ANY WARRANTY WITH RESPECT TO ANY MANUFACTURED PRODUCT BASED ON A DESIGN CREATED USING THE SOFTWARE, INCLUDING ANY TANGIBLE MANIFESTATION OF SUCH DESIGN. YOU ACKNOWLEDGE THAT DIGIREAL STUDIOS HAS NO LIABILITY OF ANY KIND WITH RESPECT TO ANY SUCH MANUFACTURED PRODUCT, WHETHER BASED ON LAWS RELATING TO PRODUCT LIABILITY, MANUFACTURING DEFECT, TORT, SAFETY, OR OTHERWISE.
Some jurisdictions do not allow limitations on the duration of implied warranties, so your rights may vary depending on the country, state or jurisdiction in which you are located. If you are in a country, state or jurisdiction which prohibits the exclusion or limitation of damages or implied warranties, to the extent permissible, any implied warranties shall be limited to thirty (30) days.
6. Governing Law.
This agreement will be governed by the laws of Cyprus, without regard to its choice of law provisions. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
7. General Provisions.
If any part of this agreement is determined to be void or unenforceable by a court of competent jurisdiction, such part shall be deemed severed and shall not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred, or exported into any country or handled in any manner prohibited by Cyprus’s export laws, restrictions or regulations.
8. Government End Users.
The Software and related documentation are Commercial Items as defined under Cyprus law and are being licensed to Cyprus Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions stated herein.
9. Governing Language.
This Agreement has been written in English and translated into several different languages. If there is any conflict between the English version and any translated version of this Agreement in connection with the interpretation of this Agreement, the English version will govern.
Unpublished rights reserved under the copyright laws of the Cyprus.