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 herein. Please read it carefully. Blackcore tech (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 the purposes permitted by the LICENSEE's License Type (section 2), 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 The LICENSEE may not 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. This restriction does not apply to licenses served to the LICENSEE by the SELLER's own license server.
• 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 - 2.6 within the EULA.
• 2.2 Non-commercial License: Free of charge and perpetual. LICENSEE may use the SOFTWARE for non-commercial purposes only.
• 2.3 Beta License: Issued and served by the SELLER for the duration of the beta program. Commercial use is allowed.
• 2.4 Indie License: Node-locked only. For commercial use within the Houdini Indie edition. Maximum 5 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.
• 2.6 Studio License: Node-locked/Floating, any number of seats. For use with any version of Houdini. No revenue restrictions.

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.
• 3.2 Section 3.1 does not apply to licenses served to the LICENSEE by the SELLER's own license server, such as Beta licenses.

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 SELLER, in the event that LICENSEE fails to comply with any provision of the EULA.
• 4.5 The SELLER reserves the right, at its sole discretion, to modify or replace this EULA at any time with or without notice.

5. Intellectual Property and Restrictions

• 5.1 The SOFTWARE is protected by copyright and other intellectual property laws. The SELLER retains all rights, title and interest in the SOFTWARE that are not expressly granted by this EULA.
• 5.2 The LICENSEE may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the SOFTWARE, except to the extent that applicable law expressly permits it despite this limitation.
• 5.3 The LICENSEE may not remove, disable, circumvent or tamper with the license keys, the machine ID binding, the license server or any other license protection of the SOFTWARE, and may not share license keys with third parties.
• 5.4 The LICENSEE may not remove or alter any proprietary notices in the SOFTWARE.

6. Disclaimer of Warranties

• 6.1 THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SELLER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ITS RESULTS WILL BE ACCURATE.
• 6.2 Beta builds are pre-release software and may contain errors that cause loss of data or interruptions of work.

7. Limitation of Liability

• 7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR USE, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• 7.2 THE SELLER'S TOTAL LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE AMOUNT PAID BY THE LICENSEE FOR THE LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Governing Law

• 8.1 This EULA is governed by the laws of the jurisdiction in which the SELLER is established, without regard to its conflict of law provisions. Nothing in this EULA limits rights the LICENSEE has under mandatory consumer protection law.

If you have any questions about this EULA, please get in touch at the .