5 IMPORTANT - This is an agreement between you and Side Effects Software Inc.
6 (\"the Licensor\"). Please read it carefully before installing this software.
7 BY INSTALLING THIS SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS
10 1. PERMITTED USE. The Licensor hereby grants to you a personal,
11 non-transferable and non-exclusive right to download, install and use the
12 Houdini software products and all future updated or upgraded programs
13 furnished to you by the Licensor (\"The Software\") and all associated
14 documentation provided in this package, solely in object code format, solely
15 for your own internal business or personal purposes and solely on a single
16 computer at any one time. If you wish to use The Software on additional
17 computers, you must obtain a separate license for each.
19 2. RESTRICTIONS ON USE. You agree that you will not: (a) copy The Software
20 except that you may make one copy of The Software solely for backup
21 purposes; (b) copy any of the written materials for any purpose; (c) assign
22 this Agreement or transfer, lease, export or grant a sublicense of The
23 Software or the license contained herein to any other party unless
24 authorized by the Licensor in writing; (d) reverse engineer, decompile or
25 disassemble The Software; (e) use The Software except as authorized herein;
26 and (f) permit third parties to use The Software in any way that would
27 constitute breach of this Agreement; (g) use the non-commercial Houdini
28 software (Houdini Apprentice and Houdini Apprentice HD) for other than
29 non-commercial uses; (h) disassemble, modify, or reverse engineer the
30 file format of the non-commercial Houdini software; and (i) convert
31 non-commercial Houdini software files to a commercial file format.
33 Non-commercial uses are those that don't involve paid work (i.e.
34 compensation) or work for commercial purposes. You are permitted to use the
35 non-commercial Houdini software (Houdini Apprentice and Houdini Apprentice HD)
36 for learning, creating content for demo reels, participating in
37 animation contests, game asset creation, and entering the SIGGRAPH Electronic
38 Theatre. You are not permitted to profit from work done with the Houdini
39 Apprentice HD Edition, with the sole exception being game assets exported to
40 the Torque Game Engine are covered under the terms of the Torque Game Engine
41 INDIE End User License Agreement.
43 3. OWNERSHIP AND COPYRIGHT. The Licensor and its suppliers are the owners of
44 all intellectual property rights in The Software, related written materials,
45 logos, names and other support materials furnished in this package. No
46 title to the intellectual property in The Software, the documentation,
47 encoded media or any other material provided therewith is transferred to you
50 4. DISCLAIMER. THE SOFTWARE and related material is provided \"AS IS\" without
51 warranty or condition of any kind, including but not limited to the implied
52 warranties or conditions of merchantable quality and fitness for a
53 particular purpose. THE LICENSOR Does not warrant that THE SOFTWARE will
54 meet your requirements or that its operation will be error free.
56 In no event shall THE LICENSOR be liable to you or any third party any
57 DIRECT, indirect, special or consequential damages even if advised of the
60 5. LIMITATION OF REMEDIES. The Licensor's entire liability and your exclusive
61 remedy shall be termination of this License Agreement.
63 6. TERMINATION. This Agreement is effective until terminated. You may
64 terminate this Agreement at any time by destroying all copies of The
65 Software and related materials. The Licensor may terminate this license
66 without notice to you if you fail to comply with any of its terms. Any such
67 termination by the Licensor shall be in addition to and without prejudice to
68 such rights and remedies as may be available, including injunction and other
69 equitable remedies. Upon receipt by you of written notice of termination
70 from the Licensor or termination by you, you shall immediately (a) cease
71 using The Software; (b) destroy all copies of The Software and all written
72 documentation in your possession; and (c) within 5 days thereafter, provide
73 the Licensor with a written confirmation that you have complied with the
74 foregoing. The provisions of Sections 2, 4 and 6 herein shall survive
75 termination of this Agreement.
77 7. MISCELLANEOUS. This is the entire agreement between you and the Licensor
78 pertaining to your right to use The Software. In the event that one or more
79 of the provisions is found to be illegal or unenforceable, this Agreement
80 shall not be rendered inoperative but the remaining provisions shall
81 continue in full force and effect. This Agreement shall be governed by the
82 laws of the Province of Ontario, Canada.
84 8. OTHER. IF YOU HAVE PREVIOUSLY SIGNED A SOFTWARE LICENSE AGREEMENT AS A
85 CUSTOMER OF SIDE EFFECTS SOFTWARE, YOU ARE BOUND BY THE TERMS OF THAT
88 You must accept these terms and conditions to install the software and