Software End User License Agreement
The product is licensed to you under the condition that you (hereinafter abbreviated as LICENSEE) accept
any and all terms of this agreement (hereinafter abbreviated as EULA), stipulated or referred to, hereof, please read carefully. Oleh Bliznuk, individual entrepreneur located in Ukraine, Kharkov (hereinafter abbreviated as "SELLER")
licenses this software, upgrades, and all related materials (hereinafter abbreviated as "SOFTWARE"),
excluding any open source libraries that are distributed with the SOFTWARE,
subject to the terms and conditions of this Agreement.
1. General Terms
- 1.1 The SOFTWARE is licensed to the LICENSEE, not sold.
- 1.2 The SELLER grants LICENSEE a revocable, non-exclusive, non-transferable, limited license to download, install, and use the SOFTWARE solely for personal or commercial purposes strictly in accordance with the terms of this EULA.
- 1.3 The SELLER is not responsible for educating LICENSEE on how to use the SOFTWARE.
- 1.4 All paid licenses come with 1 year of maintenance, granting access to any version of the SOFTWARE available at the time of purchase and any version released within 1 year after the purchase date.
- 1.5 The SELLER is not obliged to provide the SOFTWARE bridges to any future versions of the host DCC.
- 1.6 The LICENSEE may not rent, sell, lease, sublicense or lend the SOFTWARE.
- 1.7 Install or use the SOFTWARE on the Internet or over a wide area network, including, without limitation, use in connection with a Web based render farm or similar service..
- 1.8 By purchasing, downloading, or using the SOFTWARE, the LICENSEE agrees to be bound by the terms and conditions of this EULA.
2. License Types and Usage Scopes
- 2.1 The SOFTWARE is provided to LICENSEE subject to specific terms and conditions that further define the
scope of LICENSEE's permitted installation of Licenses and Use of the Software based on the type of License granted ("License Type").
The License Types, and the terms and conditions applicable to each License Type are set out in sections 2.2 - 2.7 within the EULA.
- 2.2 Beta License: Node-locked only. LICENSEE may use the SOFTWARE for evaluation purposes only. No commercial use is allowed.
- 2.3 Trial License: Node-locked only. LICENSEE may use the SOFTWARE for evaluation purposes only. No commercial use is allowed. Output data capacities may be limited (e.g., watermarks on rendered images, clamped output frames count).
- 2.4 Indie License: Node-locked only. For commercial use within Houdini Apprentice/Indie editions. Maximum 2 licenses per individual/organization with aggregate gross revenue under $100,000 USD in the past or present calendar year.
- 2.5 Artist License: Node-locked/Floating. For use with any version of Houdini.
3. Multiple use and network operation
- 3.1 If the SOFTWARE is licensed with use of the Floating License type, you may use it only over an internal local area network environment with a Floating License Tool,
and you may install and operate the SOFTWARE on a single server computer in a single location which may be accessed by other computers, or on an individual computer,
as a multiple-user installation with either:
- 3.1a: The maximum number of concurrent users being one, so that multiple individuals may access or use the SOFTWARE, but that only one person at a time may do so.
- 3.1b: The maximum number of concurrent users being more than one, in which case you must purchase single seat licenses for each additional concurrent user.
4. EULA Application and Termination
- 4.1 The EULA shall remain in effect until terminated by the SELLER or the LICENSEE.
- 4.2 If and to the extent any provision of the EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law,
such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid,
or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform
to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision
in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision or any other provision of the EULA in any other jurisdiction.
- 4.3 A failure of the SELLER to strictly enforce a provision of the EULA shall in no event be considered a waiver of any part of such provision.
No waiver by the SELLER of any breach or default by LICENSEE shall operate as a waiver of any succeeding breach or other default or breach by LICENSEE.
No waiver shall have any effect unless it is specific, irrevocable and in writing.
- 4.4 The SELLER may, in its sole discretion, at any time and for any or no reason, suspend or terminate the EULA with or without prior notice.
The EULA will terminate immediately, without prior notice from the developer, in the event that LICENSEE fail to comply with any provision of the EULA.
- 4.5 The SELLER reserves the right, at their sole discretion, to modify or replace this EULA at any time with or without notice.
If you have any questions about this EULA, please get in touch at the .