License
Under this Software License Agreement (the “Agreement”), CGPal | CGPal.com (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use FiberShop (the “Software”).
“Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights, and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
Assignment of License: If a license is purchased by one party (the “Purchaser”) for another party (the “End User”), the terms and conditions of this End User License Agreement (EULA) shall apply to the End User, and by accepting or using the licensed product or service, the End User agrees to be bound by the terms of this EULA. The Purchaser acknowledges and agrees that they are responsible for ensuring that the End User is aware of and complies with the terms and conditions set forth herein.
The Software (non-free version) may be used on no more than one computer (per purchased license). A single copy may be made for backup purposes only.
(For studios, working remotely from home is allowed)
(For “studio licenses” purchased before Sep 2021, each “studio license” supports a max of 3 users at the same studio.)
For more users, More licenses need to be purchased.
If purchased more than one license, can use the same serial number for activating all copies of FiberShop.
(for example, if you purchased 10 licenses, you will get 10 different serial numbers. but if you want, you can activate all 10 copies of FiberShop with the same serial number. but you can’t reach the 10 activations in this example)
The commercial version of the “Basic Version” can be used in commercial projects.
Resellers are allowed to purchase licenses for delivering to their clients.
Indie licenses are limited to users with less than $100K of revenue or funds raised in the last 12 months. Studio licenses have no revenue or funds limitation.
The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
License Fee
The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
Limitation of Liability
The Software is provided by the Vendor and accepted by the Licensee “as is”. The liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental, or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Warrants and Representations
The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright, or applicable statute.
Acceptance
All terms, conditions, and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on the installation of the Software.
User Support
No user support or maintenance is provided as part of this Agreement.
Term
The term of this Agreement will begin on Acceptance and installation of the Software.
Termination
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
Force Majeure
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, war, or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
Miscellaneous
This Agreement can only be modified in writing and accepted by both the Vendor and the Licensee throw the CGPal email address (fibershop@cgpal.com)
This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.
Notices
All notices to the Vendor under this Agreement are to be provided at the following address:
CGPal: www.cgpal.com _ FiberShop: fibershop@cgpal.com
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