Thea Render, Plugins and Resources

End User License Agreement

The terms and conditions that follow form a legally binding agreement (“End User License Agreement”, “EULA” or “Agreement”) between you (“You”, “User” or “End User”), an individual or an entity, and Altair Engineering Inc., (“Altair”), relating to Thea Render software and services (“Software”) developed by Altair.

You may not install or use the Software in any computer, or copy it, without a license from Altair. Altair offers You a non-exclusive, non-transferable license for the Software on the terms set out in this Agreement.

Carefully read this Agreement before downloading or installing the Software.  By installing or using the Software, You fully accept these terms and conditions and agree to be legally bound by this Agreement. The terms and conditions contained herein may be subject to change without prior notice when Altair considers appropriate.

 1. License and Terms of Usage

 Altair grants to You a personal, non-transferable, and non-exclusive license to download, install and use the Software and associated printed and/or electronic documentation accompanying the Software, in accordance with this agreement. This license does not under any circumstances grant ownership of the Software to You.

In the case of Single license, a single copy of the Software may be installed and used by You, on one machine. If You wish to install the Software or use the Software concurrently on additional machines You must purchase additional licenses.

In the case of Standard license, a single copy of the Software may be installed and used by You, on one machine. You can install the application on up to two more machines, provided that the application is not used or executed simultaneously on any machines. If You wish to install the Software or use the Software concurrently on additional machines You must purchase additional licenses.

In the case of Floating license, a copy of the Software may be installed and used by You, on multiple machines. At any moment, only one machine can execute the software in licensed state, through the license server. If more than one machine need to use the software simultaneously You must purchase additional licenses.

In the case of Node license, a single copy of the Software may be installed and used by You, on one machine. If You wish to install the Software on additional machines You must purchase additional Node licenses.

In the case of Plugin license, a single copy of the Software may be installed and used by You, on one machine. You can install the application on up to two more machines, provided that the application is not used or executed simultaneously on any machines. If You wish to install the Software or use the Software concurrently on additional machines You must purchase additional licenses.

In the case that the Software contains a Software Development Kit (SDK), You can use the SDK only for private non-commercial purpose. Any derived software based on the SDK may be distributed, installed and used only where a Software Single or Standard License is available and has been granted to You. In any other case, an additional permission (special agreement) is required.

Software delivered as an update or upgrade to a previous version of the licensed Software must replace the previous version – no additional license is granted.  You may install only such number of updates/upgrades as equal to the number of licenses paid for.  If You wish to install more updated/upgraded versions than licenses held, You must purchase additional licenses.

Software delivered in demo or evaluation mode, and any licenses classed as demo, evaluation, not-for-resale, educational (including student and faculty) and other licenses issued for non-commercial purposes may only be used by You in an appropriate non-commercial manner, and never used for commercial gain, unless otherwise agreed by Altair in writing. You are not allowed to bypass or lift any functionality limitations imposed by the Software, including any output limitations (such as watermarks and resolution limit).

2. Restrictions on Use

Unless otherwise agreed separately in writing with Altair or under a separate license agreement with Altair, You agree that you will NOT:

– Provide access to or use of the Software to any third party.

– Sell, license, sub-license, transfer, assign, re-distribute, lend, lease or rent (including via a timeshare arrangement), the Software, its use, or the license granted by this agreement.

– Install or use the Software over the internet, including, without limitation, use in connection with a web hosting or similar service, or make the Software available to third parties via the internet or otherwise. This includes installation and usage of the Software in non-private render farm, commercial or non-commercial, where an additional permission (special agreement) is required.

– Modify, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.

– Modify, reverse engineer, disassemble or otherwise attempt to discover the structure of any binary archives created or used by the Software.

– Copy or reproduce the Software, partially or totally, except to make one copy of the Software solely for back-up purposes. You are liable for the safekeeping of this copy and for any misuse which may be made of it.

– Copy or reproduce the manuals, user guides and any other material and documentation forming part of the Software.

– Use any libraries (such as libraries containing materials, textures, models and any other material in general) shipped with the Software or as separate add-ons outside the Software. Usage of these libraries with other applications is permitted only within the context of creating images with Software.

– Use demo, evaluation, not-for-resale, educational, student or faculty versions in any way for commercial gain.

Unless otherwise agreed separately in writing with Altair or under a separate license agreement with Altair, Node licenses cannot be used for setting up or creating scenes, they can only be used for rendering a scene in a network rendering setup (creating a .img.thea image).

3. Ownership and Intellectual Property

Altair is the owner of all intellectual property relating to the Software for which the license is granted.  Altair owns and retains all copyright, trademark, and other proprietary rights in and to the Software and documentation unless otherwise stated in said documentation.  The Software and documentation are protected by copyright laws and other intellectual property laws.

No title to the intellectual property in the Software, documentation, names, logos, or other material provided is transferred to You by this agreement, and the license granted does not under any circumstances confer ownership of the Software to You.

You must inform Altair of any infringement of copyright and/or intellectual property rights, and adopt any and all necessary measures to assure the confidentiality and the respect of all property right corresponding to Altair.

You agree to maintain in good condition any property notices, labels, trademarks, copyright symbols, or any other property indications in the Software and documentation indicating that Altair is the owner.

Altair is the exclusive publisher of the Software and you may not redistribute without any written permission. In the case of plugin software, copyrights remain to the corresponding plugin development party.

4. Disclaimer of Warranty

The Software and related materials are provided “AS IS” and without warranty or condition of any kind. Altair specifically disclaims, including but not limited to, the express or implied warranties or conditions of merchantable quality and fitness for a particular purpose.  Altair does not warrant that the Software will meet your requirements, or that it can carry out any specific function, or that the operation of the Software will be uninterrupted or error free.

In no event shall Altair be liable to You or any third party for any direct, indirect, special, incidental, punitive or consequential damages (including but not limited to damages resulting from loss of use, loss of data, loss of profits, loss of goodwill, and loss of business), arising out of, or in connection with, the use of, or inability to use, or low performance of, the Software or documentation, even if Altair has been advised of the possibility of such damages.

Any liability assumed by Altair arising out of or in connection with the Software or documentation shall not under any circumstances exceed the license fee You have paid for the Software. No returns or refunds will be accepted once the Software has been downloaded, installed or any package opened.  Your sole remedy under this warranty shall be termination of this license agreement.

You are responsible for the supervision, management and control of the use of the Software, and output of the Software including, but not limited to, selection of the Software to achieve your intended results, determining the appropriate uses of the Software and the output of the Software in your business, and establishing adequate back-up to prevent the loss of data in the event of a Software malfunction.

5. Termination

This Agreement is effective until terminated.  Altair may terminate this Agreement at any time without notice to You if you fail to comply with any of its terms. You may terminate this Agreement at any time by destroying all copies of the Software and related materials.

Upon termination by You, or upon receipt by You of written notice of termination from Altair, You shall immediately cease using the Software, destroy all copies of the Software and all written documentation in your possession and within 5 days thereafter provide Altair with a written confirmation that you have complied with these actions.

6. Miscellaneous and General Conditions

This Agreement shall be governed by and construed under the laws of the state of Michigan, without regard to that state’s conflict of laws principles except if the state of Michigan adopts the Uniform Computer Information Transactions Act drafted by the National Conference of Commissioners of Uniform State Laws as revised or amended as of June 30, 2002 (“UCITA”) which is specifically excluded.  This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  Each Party waives its right to a jury trial in the event of any dispute arising under or relating to this Agreement. Each party agrees that money damages may not be an adequate remedy for breach of the provisions of this Agreement, and in the event of such breach, the aggrieved party shall be entitled to seek specific performance and/or injunctive relief (without posting a bond or other security) in order to enforce or prevent any violation of this Agreement.

In the event that one or more of the provisions in this Agreement is found to be illegal or unenforceable by a court of competent jurisdiction, this Agreement shall not be rendered inoperative, the provision in question shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.