END-USER LICENSE AGREEMENT FOR FUNhouse Interactive "tradigiTOOLS" Plug-in Software
IMPORTANT READ CAREFULLY: This Software License Agreement ("SLA") is a binding legal agreement between you (either an individual or a single entity) and FUNhouse Interactive, a division of Circus Ink Entertainment Ltd. ("FUNhouse") for the software product identified above, which includes computer software, and may include online documentation (collectively, the "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this SLA. If you do not agree with the terms of this Agreement, you are not authorized to use the SOFTWARE. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are licensing the SOFTWARE, not buying it.
1. GRANT OF LICENSE. This SLA grants you the following rights: You (and your employees, if any) may use the SOFTWARE only in conjunction with use of properly licensed copies of Autodesk's "Maya" software. You may make and use no more than the number of copies of the SOFTWARE that you have validly licensed from FUNhouse and fully paid for. You may also make a single copy of the SOFTWARE for backup purposes.
2. PRICE AND PAYMENT. In consideration of the license of the SOFTWARE granted to you pursuant to this SLA, you will pay FUNhouse the license fee (and applicable taxes) when the license is acquired. Such license fee will be payable before delivery of the SOFTWARE to you.
3. RESTRICTIONS. You must maintain all copyright and trademark notices as provided on all copies of the SOFTWARE. You may not modify, translate, reverse engineer, decompile or disassemble the SOFTWARE, except to the extent that such activity is expressly permitted by applicable law notwithstanding this prohibition. You may not assign or transfer your rights under this SLA to anyone else, or give, sell, lend, rent, lease, time-share or otherwise distribute or give access to the SOFTWARE or any copies of the SOFTWARE to anyone else. FUNhouse will only provide support to the original licensee of the SOFTWARE.
4. TERMINATION. Your rights under this SLA will terminate automatically upon the termination of your use of the SOFTWARE. Or, without prejudice to any other rights it may have, FUNhouse may terminate this SLA if you fail to comply with the terms and conditions of this SLA. In such event, you must stop using the SOFTWARE immediately and destroy all copies of the SOFTWARE.
5. COPYRIGHT. All title and intellectual property rights, including copyright, in and to the SOFTWARE and any copies thereof are owned by FUNhouse. All title and intellectual property rights in and to the content which may be created, accessed or worked with while using the SOFTWARE is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This SLA grants you no rights to use such content.
6. NO WARRANTY. THE SOFTWARE IS PROVIDED TO YOU "AS IS". ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNhouse DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FUNhouse DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE ERROR-FREE.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUNhouse BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS REVENUE OR PROFITS, 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 FUNhouse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. UNDER THIS SLA, THE ENTIRE LIABILITY OF FUNhouse, AND YOUR EXCLUSIVE REMEDY FOR DAMAGES, DIRECT OR OTHERWISE, REGARDLESS OF THE CAUSE OR FORM OF ACTION, SHALL NOT EXCEED TEN DOLLARS (US$10.00).
9. MISCELLANEOUS. Governing Law. This SLA is governed by the laws of the Province of Ontario, Canada. Severability. If any provision of this SLA is invalid under applicable law, the provision is to that extent deemed omitted, and the remainder of this SLA will be valid and enforceable to the maximum extent possible. Limitation of Action. No legal action arising out of this SLA may be started by you more than one year after the cause of action comes into existence. Entire Agreement. This SLA is the complete and exclusive statement of the agreement between you and FUNhouse, and supersedes all prior understandings between us, oral and written, relating to the SOFTWARE.
QUESTIONS OR COMMENTS. If you have questions or comments about this SLA or the Software, please contact us at: FUNhouse Interactive, P.O. Box 346, Streetsville, Ontario, Canada L5M 2B9.
info@funhouseinteractive.biz
