End-User License Agreement ("Agreement")

Last updated: 25 November, 2022

Please read this End-User License Agreement ("Agreement") carefully before downloading any compiled plug-in, example HIP file, digital assets, OTLs, or HDAs ("Application").

By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not download or use the Application.

License

Theory Accelerated LLC (“Developer“) grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for personal or commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

a) license, sell, rent, lease, assign, modify, change, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the application or make the Application available to any third party.

b) use the Application for any illegal activity.

You agree to:

c) use the Application as is. This license does not grant you access to the source code, proprietary information, or intellectual property held by the developer.
 
You understand that:

d) the Developer is not liable for any damages that result from using the Application. This includes, but is not limited to, software bugs.

e) the Developer reserves the right to refuse requests to modify the Application for any reason, including, but not limited to, software bugs.

f) there is no guarantee that the Application’s plug-in will be made available for or compatible with future 3rd party digital content creation application ("DCC") versions. Only 3rd party DCC versions supported at the time of purchase or download is guaranteed. Compatibility with future 3rd party DCC versions is up to the Developer’s sole discretion.

g) the Developer is not responsible for educating you on how to use the Application.

You acknowledge the following license type restrictions:

h) Node-Locked Licenses can only be used on two workstations at a time. You may only transfer the licenses to a new computer twice per calendar year. In the event that you loose access to a computer and are unable to transfer a license, it is up to the developer's sole discretion to allow more transfers. A maximum of 2 node-locked licenses can be purchased by any individual, company, or organization with more than US$500,000 in yearly revenue.

i) Local Floating Licenses can only be hosted and accessed from a single location's local network and can not be accessed globally from another location. All computers that access these licenses must physically be within 100 kilometers of the computer hosting the license server.
 
j) Global Floating Licenses can be hosted from one location but accessed from multiple locations that are on the same or different networks.

k) Both Local floating Licenses and Global floating Licenses will be delivered in the form of a license file that is locked to a single computer intended to be the host of the license server. If the computer acting as the host needs to be changed you agree to delete all copies of the previous license file, then a new licenses file will be provided by the Developer.  

You acknowledge the following license maintenance restrictions:

l) All licenses come with 1 year of maintenance that grants you access to any version of the Application available at the time of purchase and any version that releases before 365 days after your purchase date. Any version of the Application released on or after this date will not be available to you unless you renew the maintenance for an additional year.
 
m) Any version number increase, be it major, minor, or build will constitute a new version with its own release date. For example Axiom 2.0.035, Axiom 2.2.039, Axiom 3.0.117, and Axiom 3.0.118 are all considered different versions with their own release date. 

n) Updates to the Application adding compatibility for new DDC versions also constitutes a new version with its own release date. For example, every new production build of Houdini gets an accompanying Application update. These updates have their own release date.

Modifications to Application

The Developer reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Refunds On Purchases

You may request a refund for any node-locked license purchased within 30 days from the time of purchase. After 30 days no refund can be issued. 

You may request a refund for any floating license within 30 days from the time of purchase if the license file has not been issued. After 30 days no refund can be issued. If the license file has been issued at any time no refund can be issued.

Term and Termination

This Agreement shall remain in effect until terminated by you or the developer.

The Developer may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the developer, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your device or from your workstation.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your device or from your workstation.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

The developer reserves the right, at their sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at the Developer's sole discretion.

Contact Information

If you have any questions about this Agreement, please get in touch at the email below.

legal@theoryaccelerated.com