SOFTWARE LICENSE AND LIMITED WARRANTY

Updated May 6, 2020: Restrictions on Volumetric Assets, Definitions, Updates, and more.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE OR ASSETS DOWNLOADED FROM PLANETSIDE SOFTWARE. PROMPTLY REMOVE THEM FROM YOUR COMPUTER.

This Agreement is a legal agreement between you, the end user, and Planetside Software LLC (hereinafter the "Vendor"). By installing or using this software program or files provided by Vendor for use with this software program (collectively the "Software"), you are agreeing to become bound by the terms of this Agreement.

This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and must only be used in accordance with the license terms.

Do not install or use the Software until you have read and accepted all of the warnings and license terms.  Permission to use the Software is conditional upon you agreeing to the license terms.  Installation or use of the Software by you will be deemed to be acceptance of the license terms.  Acceptance will bind you to the license terms in a legally enforceable contract with Planetside Software LLC.

The installation of this program will install files necessary to operate the program on your computer. Other system files, such as .DLLs may be installed or updated and Windows registry entries may be made. Uninstalling the program may not remove all of the installed files or registry entries. As with all installations, it is recommended that you back up your hard drive before you install this program. 

LICENSE. Vendor grants to you a non-exclusive right to use this Software during the term of the evaluation period in accordance with the terms of this Agreement. You agree to allow this Software to store small amounts of information necessary to protect the Software against unauthorized use, and you acknowledge that Vendor will not disclose any information related to removing or overcoming such anti-piracy information stored in your system at any time. You may make additional copies of the Software and run the Software on more than one computer provided that you comply with the terms and provisions of this Agreement. For Commercial Use as defined below the number of computers that the Software may run on is limited by the number and type of Commercial Licenses.

COMMERCIAL USE. If you are a business entity, educational institution, government entity or you use this Software in a business or for any commercial purpose, your use of the Software is defined as "Commercial Use" if you: a) use it beyond the 30 day evaluation period; or b) use any material created using the Software, whether directly or indirectly, as part of any software, publication, broadcast, film, public display or print shown outside your organisation; or c) use this Software for any purpose other than the evaluation of the Software. For Commercial Use you must purchase a Commercial License for the Software from Vendor. A single Commercial License results in one "Licensed Copy" of the Software but any number of Commercial Licenses may be purchased for a fee that is decided by Vendor.

CONCURRENT USAGE OF LICENSED COPY. Each Licensed Copy must not be running on more than one "Machine" at the same time and must not be operated by more than one person at the same time, regardless of platform. "Machine" is defined as a single physical computer, PC, Mac or workstation, containing one or more processors. The definition of Machine does not extend to multiple individual computers (Machines) combined using network infrastructure into a cluster, grid or farm. The number of Licensed Copies must equal or exceed the number of Machines that you allow the Software to run on simultaneously. Final interpretation of the definition of "Machine" is to be made solely by Vendor.

TERM - NON-COMMERCIAL USE. If you use the Software personally and not for Commercial Use, this License commences upon the installation of the Software and is effective until terminated by Vendor. Vendor may terminate this License for any reason or for no reason. Vendor may have included code in the Software that will cause the Software to terminate automatically after a certain date or after a certain number of uses. Such termination may occur without notice to you. Upon termination you shall remove the Software from your computer(s).

TERM - COMMERCIAL EVALUATION. If you are a business entity, educational institution, government entity or you use this Software in a business or other than personally, this License commences upon the installation of the Software and is effective for 30 days following the date you install the Software for the sole purpose of evaluating the Software. This License terminates automatically without notice from Vendor upon the expiration of the 30 day evaluation term or if you fail to comply with any term or provision of this Agreement. Upon termination you shall remove the Software from your computer(s).

TERM - COMMERCIAL USE. If you have purchased a Commercial License from Vendor, this License commences upon the installation of the Software and is effective until terminated. You may terminate it by destroying the Software and accompanying written materials and all copies thereof. This license shall also terminate if you fail to comply with any term or provision of this Agreement. Upon termination you shall remove the Software from your computer(s).

DEFINITION OF VOLUMETRIC ASSETS. "Volumetric Assets" shall mean any of: (i) Files in the OpenVDB format that are part of the Software or saved or exported from the Software or any prior versions of Vendor's software, as well as derivatives that record any volumetric or three-dimensional data from such files; (ii) Alternative representations of volumetric or three-dimensional data originating, directly or indirectly, from nodes of type Cloud Layer V2, Cloud Layer V3 or Easy Cloud (except for Terragen TGD and TGC files), which such alternative representations allow reconstruction of this data with reasonably high fidelity outside of the Software, including but not limited to voxels, deep images, light fields and sets of slices through the volume.

DEFINITION OF LICENSED VOLUMETRIC DERIVATIVES. "Licensed Volumetric Derivatives" shall mean still images, prints, animation video productions such as feature movies, television shows or commercials, or any other similar video productions, or interactive or real-time productions, as well as any screenshots or the like derived or resulting from Licensed Volumetric Derivatives, but which shall not be substantially Volumetric Assets and which shall not incorporate Volumetric Assets without reasonable measures to prevent them from being extractable by third parties.

RESTRICTIONS ON VOLUMETRIC ASSETS. You agree not to copy, transfer, assign, rent, resell or distribute Volumetric Assets to any third party, except where necessary as a reasonably minor part of deliverables to your clients for Licensed Volumetric Derivatives. Without exception you agree not to distribute Volumetric Assets as a stand-alone product or part of a product bundle to any third party. Without exception you agree to bind all recipients of Volumetric Assets to restrictions that are as strong as or stronger than those in this section of this Agreement, including relevant definitions or broader versions thereof.

OWNERSHIP OF SOFTWARE. Vendor and its suppliers retain the copyright, title and ownership of the Software and the written materials.

INTEGRITY. You agree not to modify the Software. You agree not to reverse engineer, decompile or disassemble the Software or otherwise attempt to discover the source code or intellectual property contained therein. You agree not to attempt to undermine the security measures contained in the Software.

UPDATES. Updates to the Software may, at Vendor's sole discretion, require the acceptance of a new or updated agreement in order for the Software update to be installed or be operational, and you agree to not to install or use updates to the Software before agreeing to such new or updated agreement(s).

THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, FURTHER, VENDOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT VENDOR OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENDOR PROVIDES THIS SOFTWARE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VENDOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MUST NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

NEITHER VENDOR NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.

Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will Vendor's liability for any damages to you or any other person exceed the amount paid for the license to use the Software. Vendor shall have no obligation to provide technical support, maintenance, updates or other support for the Software.

This Agreement shall be governed and construed in accordance with the laws of the State of California and shall benefit Vendor, its successors and assigns. Any claim or dispute between you and Vendor or against any agent, employee, successor or assign of Vendor, whether related to this Agreement or otherwise, and any claim or dispute related to this Agreement or the relationship or duties contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration by the mutual agreement of the parties. Any award of the arbitrator(s) may be entered as a judgement in any court of competent jurisdiction.