End User License Agreement
This is the End User License Agreement for all Render Plus Software products
Render Plus Software LLC. SOFTWARE LICENSE AGREEMENT
READ THIS LICENSE AGREEMENT CAREFULLY – IT CONTAINS THE TERMS AND CONDITIONS OF YOUR SOFTWARE LICENSE AGREEMENT. BY INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS DO NOT INSTALL THE SOFTWARE.
TERMS AND CONDITIONS
Render Plus Software LLC (hereinafter “RPS”) licenses the use of the RPS products (“SOFTWARE”) to you on the terms and conditions stated herein. You assume responsibility for the selection of the SOFTWARE to achieve your intended results, and for the installation and use made of the SOFTWARE, as well as the results obtained from the SOFTWARE. RPS makes no warranty that use of the SOFTWARE will be uninterrupted, timely, secure, or error free. If you are not satisfied with our SOFTWARE, please contact us immediately so we can address the situation.
1. GRANT OF LICENSE. RPS grants you a non-exclusive , non-transferable license to use one copy of the RPS software program on a single terminal connected to a single computer. The SOFTWARE is “in use” on a computer when it is loaded in temporary memory or installed into the permanent memory (e.g., hard disk drive, CD-ROM, or other storage device) of that computer. You may not network the SOFTWARE, or otherwise use it on more than one computer or computer terminal at the same time unless such right has been specifically granted by RPS.
The license for the SOFTWARE is either a Subscription Term License or Perpetual License. A Subscription Term License expires when the Subscription Term ends.
Subscription Term License means a license for which you pay a fee to obtain the right to use the SOFTWARE for the period of time you select during the ordering process. Your subscription for the SOFTWARE will automatically renew for the period of time equal to the previous Subscription Term. You may cancel the automatic renewal at any time either via your online account or by contacting us prior to the end of your Subscription Term.
Perpetual License means a license which you pay a fee to obtain the right to use the SOFTWARE in perpetuity. A Perpetual License provides access to new versions of the SOFTWARE we release for 12 months from the date of purchase. You may choose to purchase an upgrade to your Perpetual License after the initial 12 month period, or at any point in the future, to give you access to the most recent version of the SOFTWARE and new versions for 12 months from the date of purchase.
2. COPYRIGHT. The SOFTWARE is owned by RPS or its suppliers and is protected by United States copyright laws and international treaty provisions. You may not copy or otherwise reproduce the accompanying written material. The SOFTWARE must be treated like all other copyrighted material except that you may either: a. Make one copy of the SOFTWARE solely for backup or archival purposes, or b. Transfer the SOFTWARE to a single hard disk or other storage device provided you keep the original solely for backup or archival purposes.
3. ACCOUNT CREATION / REGISTRATION. Purchasing or trialing the SOFTWARE requires you to create an online account. When creating the account, you agree to provide RPS with accurate and complete registration information. It is your responsibility to make changes to that information when it changes or to submit a request to us asking us to make changes for you. Each account created is for a single person only. RPS does not permit access through a single name being made available to multiple users. You are responsible for preventing such unauthorized use of an account you create. If you believe there has been unauthorized access to your account, please contact RPS immediately. If we find that unauthorized use is being made of a registered user’s account, access to that account may be terminated.
4. SANCTIONS/TRADE COMPLIANCE. You acknowledge and agree you will not use, export, re-export, import, sell, release, or transfer the SOFTWARE directly or indirectly, except as authorized by United States law, the laws of the jurisdiction where the SOFTWARE is made available, and any other applicable laws and regulations.
The SOFTWARE, source code, and technology may not be exported, or re-exported, transferred, or released (a) into any countries embargoed by the United States (Cuba, Iran, North Korea, Syria, Venezuela, Russia and the Crimea, Donetsk, and Luhansk regions of Ukraine (insofar as such countries/regions remain subject to sanctions)); or (b) to anyone included on the U.S. Treasury Department’s list of Specially Designated Nationals or on any other applicable restricted party lists.
By using the SOFTWARE you represent and warrant that you nor any person or entity (including any beneficiaries, owners, affiliated and/or associated parties) you know are not located in any such country or are on any such list, and are not a military end user as defined in 15 C.F.R § 744. You agree that you will not use the SOFTWARE for any purposes prohibited by United States law.
This is not meant to provide a comprehensive summary of the global trade laws and regulations that govern RPS or the SOFTWARE. You download, install and use the SOFTWARE at your own risk, and it is your responsibility to consult with a legal advisor to ensure your use of the SOFTWARE complies with applicable laws.
5. OTHER RESTRICTIONS. You may not sell, rent, lease, sub-license, assign, give, or distribute the SOFTWARE to third parties. You may not reverse engineer, decompile, or disassemble the SOFTWARE. The SOFTWARE is licensed and not sold, and title in and to it is retained by RPS.
You may not transfer the SOFTWARE and any accompanying written materials except with the prior written consent of RPS, and then only on a permanent basis, provided that you retain no copies, the recipient agrees to the terms of this license, and all requirements of RPS’ License Transfer Program are met.
6. IRENDER NXT CLOUD RENDERING SERVICE. The IRender nXt Cloud Rendering Service is only available via our IRender nXt product. As the provider of the IRender nXt Cloud Rendering Service, RPS is able to see any jobs submitted by users and the settings associated with them (machine type, maximum time, maximum passes, etc.). RPS will not access your 3D models or resulting rendered images except (a) when providing, maintaining, securing or modifying the Cloud Rendering Service, (b) at your request or with your consent when addressing or preventing a service issue, or (c) in connection with legal obligations or proceedings.
You acknowledge that our provision of the Cloud Rendering Service involves access to, and processing and transmission of, your 3D model(s) and the resulting images and associated information. If you share or make available your 3D model(s)or resulting images produced by the Cloud Rendering Service to third parties, you do so at your own risk. RPS makes no warranty that the Cloud Rendering Service will be uninterrupted, timely, secure, or error free.
You acknowledge and agree that you have the rights to submit, develop and use your 3D models and resulting images in connection with the Cloud Rendering Service, that your 3D models and resulting images do not infringe or misappropriate any intellectual property or proprietary right of any third party or violate any applicable laws, rules or regulations, that your 3D models and resulting images are not subject to any restriction on disclosure, transfer, download, export or re-export under any applicable law, rule or regulation, and any information you provide in connection with your registration and use of the Cloud Rendering Service is true, accurate, and complete, and you will update the information when it changes.
Use of the Cloud Rendering Service requires the purchase of tokens via the IRender nXt SOFTWARE. Tokens not used within any 1 year window are forfeited and the value of the unused tokens is not refunded. However, if you purchased tokens and did not use them all, then you purchase another block of tokens, the forfeiture clock for all of your tokens is reset to 1 year.
7. BATCH RENDERING. You do not need an RPS SOFTWARE license for machines which are used only to perform the renderings using the Batch Rendering process. As long as these machines do not need to access to related RPS SOFTWARE from within SketchUp, AutoCAD, or Revit they do not need a license.
8. LIMITED WARRANTY. The SOFTWARE, including instructions for its use and installation is provided AS IS. RPS does not warrant that the SOFTWARE or instructions will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error free. RPS may make improvements and/or changes to its SOFTWARE at any time.
9. DISCLAIMER OF WARRANTIES. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. RPS FURTHER DISCLAIMS WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
IN NO EVENT SHALL RPS, ITS AUTHORS, OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR LOSS OF SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF RPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY FROM YOUR USE OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Governing Law and Dispute Resolution. The terms of this Agreement shall be governed accordance with the laws of the State of Delaware, United States of America.