End User License Agreement
General Release Version
Effective from 29 July 2008
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES.
IT IS IMPORTANT THAT YOU CAREFULLY READ THIS NOTICE BEFORE OPENING OR INSTALLING THIS SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (the “AGREEMENT”) WHICH CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN THE LICENSOR, (HEREAFTER “Moviestorm Limited”), AND THE LICENSEE, (HEREAFTER “YOU”)
THIS SOFTWARE IS GENERAL RELEASE SOFTWARE. THE GENERAL RELEASE SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. USERS SHOULD NOT INSTALL OR USE THE SOFTWARE UNLESS THEY ARE PREPARED TO TAKE A SMALL BUT REAL RISK THAT THE SOFTWARE FAILS TO PERFORM AS EXPECTED OR WITH THEIR PARTICULAR COMBINATION OF HARDWARE DRIVERS OPERATING SYSTEM AND OTHER SOFTWARE. MOVIESTORM LIMITED DOES NOT WARRANT THAT PART-CREATED MOVIES OR PROJECTS CREATED IN THIS OR EARLIER VERSIONS OF THE SOFTWARE WILL WORK AS INTENDED IN LATER OR UPDATED VERSIONS OF THE SOFTWARE, THOUGH IT ENDEAVOURS TO ARRANGE THAT THEY WILL IN MOST REASONABLE CASES.
1 THIS AGREEMENT
1.1 Moviestorm Ltd formerly trading as Short Fuze Ltd.
1.2 You are the Licensee
1.3 This Agreement applies only to the Software known or labelled as “Moviestorm General Release Version” as above; it does not apply other Moviestorm products or services.
1.4 In this Agreement the phrase “software” means the computer programs above and all associated media, printed materials, “online” or electronic documentation and bundled software. Your copy of the programs may include Moviestorm Limited’s freeware machinima creation program “Moviestorm General Release Version” as well as any derivative software distributed by Moviestorm Limited, and associated digital assets (props, characters, sounds, music, sets, textures, animations, etc). If so, this definition of “the Software” shall be deemed to include Moviestorm.
1.5 The Software is licensed, not sold, to You for use only under the terms of this Agreement, and Moviestorm Limited and its licensors reserve any rights not expressly granted to You. Your rights of ownership are limited to the media on which the Software is recorded or fixed.
1.6 By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement You must not use the Software and must immediately delete any and all copies of the Software in Your possession.
1.7 You agree that it is a term of your use of this software that you will only use assets (where assets are such digital content as characters, props, sets, animations, effects, textures and music) that are purchased, procured or otherwise sourced from, or directly approved by, Moviestorm Limited. While you may create assets for your own private use, you may not create, distribute, sell or profit from such assets for use by any other persons in the Software without permission from Moviestorm Limited. ()
1.8 PUBLISHER’S LICENCE If You wish to participate in the market for assets or wish to create, distribute and / or profit from the sale of assets, You must apply to Moviestorm Limited for a Publisher’s Licence. A Publisher’s Licence will enable You to use the Modders Workshop and other official modification tools (collectively, Modders’ Tools). Use of Modders’ Tools is entirely without warranty. Use of Modders’ Tools is covered by a separate User Agreement, the acceptance of which does not affect this Agreement. The Modder’s Tools User Agreement will be provided to You when Your Publisher’s Licence is granted. You are required to accept the Modder’s Tools User Agreement in order to use the Modder’s Tools.
2 GRANT OF LICENSE
2.1 Moviestorm Limited hereby grants to You the following non-exclusive rights in respect of the Software subject to Your fulfilment of the relevant criteria and your understanding of and agreement to the disclaimer about GENERAL RELEASE SOFTWARE above. The rights granted to You are personal and non-transferable.
2.2 GENERAL RELEASE VERSION. This version is General Release but may contain bugs or have unfinished features that are fixed or changed in versions released after this version. You are advised to register on the Moviestorm website www.moviestorm.co.uk and check for newer versions. You may use the General Release version of the software without charge for an unlimited period or until termination as in clause 8. You may upgrade to later versions by registering on the Moviestorm website www.moviestorm.co.uk on the terms applicable at the time you upgrade. Upgrade versions may require you to pay and/or obtain a License number which will unlock any locked or disabled functionality in the relevant version of the Software.
2.3 REQUIREMENT TO REGISTER WITH MOVIESTORM LIMITED. Some or all of the features of the Software will only be available to You if you have correctly registered as a user of the software through the mechanism provided on the website at www.moviestorm.co.uk . You are required to give a verifiable email address and create a user name as a condition of use. Separate terms and conditions for using the website will be notified to You at the point of registration.
2.4 SERVICE PASSWORD AND SECURITY: To register for and access the Moviestorm Limited website and the Software You will need to supply Your email address and create a password. You agree that You are responsible for maintaining the confidentiality of the password and Account. Further, You agree that You are fully responsible for all activities that occur under Your password or Account. If there is any unauthorized use of Your Account or password, You agree to immediately notify Moviestorm Limited and take reasonable steps to prevent such activity from continuing. You agree to close the applicable Internet browser window when You are finished using the Software. Moviestorm Limited cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.
2.5 SINGLE USER LICENSE: You may use the Software on multiple computers for Your personal, educational or business use PROVIDED THAT You have obtained this copy of Moviestorm from an authorized download site and have registered the software for use with Moviestorm Limited. Under this Single User License You may also install the Software on multiple computers, for example a home computer and laptop, provided that You are an authorized user of the computer(s) and that you do not allow concurrent use of the Software by more than one individual.
3 YOUR OTHER RIGHTS AND OBLIGATIONS
3.1 This version of Moviestorm is a General Release version, if it is included in your copy of the programs, it may NOT be copied, distributed royalty free on any CD, Web Site, FTP Site, or made available in other “download area” without WRITTEN permission from Moviestorm Limited (which, for the avoidance of doubt, will only be given PROVIDED THAT You do not charge or request donations for any such distributed archives of the program.) All definitions are as defined in this agreement. In all cases You are advised to use only the latest version of the Software.
3.2 Save as expressly set out in this Agreement, You MAY NOT copy, reproduce, publish, rent out, lease, modify, create derivative works from the Software nor may You remove any proprietary notice, labels, or marks on the Software. Unless permitted by law, You MAY NOT modify, adapt, reverse-engineer, decompile, disassemble, create derivative works based on, or copy the Software.
3.4 You undertake not to export the Software or any part thereof to any country, person, entity or end user subject to any export restrictions applicable to You.
3.5 You undertake not to decrypt, reverse-engineer, bypass or otherwise disable the correct and intended function of any copyright protection, encryption or key exchange mechanisms in the Software.
3.6 It is expressly understood, acknowledged and agreed that you may, regardless of whether or not formally requested to do, provide to Moviestorm Limited reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results, with respect to Software testing (collectively, “Feedback”). If you provide such Feedback to Moviestorm Limited, you shall grant Moviestorm Limited the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid-up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Moviestorm Limited product, technology, service, specification or other documentation (individually and collectively, “Moviestorm Limited Products”); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Moviestorm Limited Product; (iii) solely with respect to Licensee’s copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Moviestorm Limited Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Moviestorm Limited to comply with any additional obligations with respect to any Moviestorm Limited Products that incorporate any Feedback.
3.7 EXPORT RESTRICTIONS: You agree that You will not export or re-export the Software or accompanying documentation (or any copies thereof) or any products utilizing the Software or such documentation in violation of any applicable laws or regulations of the United States, the European Union or the country in which You obtained them. In addition to the foregoing, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the European Union, the UK or the U.S.A has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading the Software or using the Software, You are agreeing to the foregoing and You are representing and warranting that You are not located in, under the control or, or a national or resident of any such country or on any such list.
3.8 TEXTURE RESTRICTIONS Some of the textures provided to You as part of the Software have been modified from suitable online texture sites. These images may not be redistributed by default. In the case of CGTextures.com, please visit www.cgtextures.com for more information.
4 RESERVATION OF RIGHTS
4.1 Save as expressly set out in this Agreement You MAY NOT copy, reproduce, publish, transmit, rent out, lease, modify, publicly display or publicly perform the Software nor may You remove any proprietary notice, labels, or marks on the Software.
4.2 Unless permitted by law, You MAY NOT modify, adapt, reverse-engineer, decompile, disassemble, create derivative works based on, or copy the Software. Specifically you MAY NOT extract unpack or remove any of the art assets, sounds, characters, props, sets, scenes, music or other materials contained in the Software except for Your use within the Software.
4.3 United States Government Restricted Rights. In the USA, the Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph ©(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs © (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 The Software is protected by copyright and other intellectual property laws and international treaties. Title to, ownership of, and all rights (registerable or moral or otherwise) and interests in and to each and every part of the Software, (including all copyrights, trademarks, patent rights or any other intellectual property rights of whatever nature), and all copies thereof shall remain at all times vested in Moviestorm Limited or its licensors.
6 LIMITATION ON AND EXCLUSION OF DAMAGES
6.1 YOU CAN RECOVER FROM MOVIESTORM LIMITED AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to:
anything related to the Software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other sort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the Software does not fully compensate You for any losses; or
Moviestorm Limited knew or should have known about the possibility of the damages.
6.2 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. They also may not apply to You because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
7 LIMITED WARRANTY
7.1 LIMITED WARRANTY. If you follow the instructions, the Software will perform substantially as described in the Moviestorm Limited materials that you receive in or with the Software.
7.2 TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for one year after acquisition by the first user. If You receive supplements, updates, or replacement software during that year, these will be covered for the remainder of the warranty or 30 days, whichever is longer. If the first user transfers the software with the first user’s copy of Machinima for Dummies (or any similar product on which Moviestorm is cover-mounted), the remainder of the warranty will apply to the recipient.
7.3 TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some countries or states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to You. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
7.4 EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by Your acts (or failures to act), the acts of others, or events beyond Moviestorm Limited’s reasonable control. Specifically Moviestorm Limited disclaims and does not Warrant any movies or material that you create using Moviestorm.
7.5 REMEDY FOR BREACH OF WARRANTY. Moviestorm Limited will repair or replace the Software at no charge. If Moviestorm Limited cannot repair or replace it, Moviestorm Limited will refund the amount shown on your receipt for the software (but not the price of any other software or associated materials). It will also repair or replace supplements, updates and replacement software at no charge. If Moviestorm Limited cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the Software and return any media and other associated materials to Moviestorm Limited with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
7.6 CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.
7.7 WARRANTY PROCEDURES. You need proof of purchase for warranty service. For warranty service or information about how to obtain a refund for the Software please:
write to – Moviestorm Limited, 48 Hinton Way, Cambridge, CB22 5BB, U.K.;
use the online web customer support page contained on www.moviestorm.co.uk
7.8 NO OTHER WARRANTIES. The limited warranty is the only direct warranty from Moviestorm limited and Moviestorm Limited gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Moviestorm Limited excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement. If Your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, Your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by Your local laws.
7.9 LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The limitation on and exclusion of damages clause above applies to breaches of this limited warranty.
7.10 This warranty gives You specific legal rights, and You may also have other rights which vary from country to country. If You are resident in the USA You may also have other rights which vary from state to state.
8.1 In the event that You fail to comply strictly with the terms and conditions of this Agreement, this Agreement shall terminate forthwith without prejudice to any other remedies which Moviestorm Limited may have.
8.2 In the event that You wish to terminate this Agreement, You may do so at any time by ceasing to use the Software and/or uninstalling the Software. If You write to Moviestorm Limited terminating this agreement, You will also uninstall and cease using the Software.
8.3 You hereby agree that, in the event of termination of this Agreement for any reason, You will forthwith destroy or irretrievably delete all copies of the Software, including modified copies, in Your possession or control.
9 UPDATE POLICY
Moviestorm Limited may from time to time create updated versions of the Software and may, at its option, make such updates available to You either directly through the Software or by You manually downloading and installing them. Moviestorm Limited does not warrant that it will provide updates other than by downloading and installing a full current version of the Software.
Support for this version is limited to that provided on the Internet or by email. There are no rights to any other support. Moviestorm Limited is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.
11 GENERAL TERMS
11.1 Irrespective of the country in which the Software was acquired the construction, validity and performance of this Agreement shall be governed in all respects by English law and You agree to submit to the exclusive jurisdiction of the English courts.
11.2 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
11.3 No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
11.4 This Agreement constitutes the entire agreement between You and Moviestorm Limited with respect to this transaction. Any changes to this agreement must be made in writing, signed by an authorized representative of Moviestorm Limited.
12 OWNERSHIP OF CREATED FOOTAGE
12.1 Worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid-up rights to any and all footage created by You using the Software are hereby granted to You. Moviestorm Ltd makes no claim of ownership over this footage, with the exception of those claims set out in this Agreement.
12.2 By uploading a movie for hosting on the Moviestorm website (Moviestorm.co.uk), either through the web interface or directly from within the Software, you grant to Moviestorm Ltd the right in perpetuity to use your movie, in part or in whole, for the purposes of publicity. This includes, but is not limited to, exhibiting your movie on the Moviestorm website as a Featured Movie, redistributing your movie to other websites, distributing your movie on a magazine cover disk, distributing your movie as part of a Moviestorm showreel, and discussing your movie on weblogs and social media websites.
12.3 Where possible, credit will be given to You for any exploitation under the terms of Section 12.2, above.
12.4 You may forfeit ownership of footage as granted by 12.1, above, if the footage contains assets (video, image or audio) which infringe on the rights of a Third Party.
12.5 Any movie partially or wholly created using the Software must contain a Moviestorm credit. This credit should consist of either
the phrase “Made with Moviestorm”, or
the Moviestorm lightning strike animation
12.6 By uploading a movie containing a Moviestorm credit (as detailed in 12.3, above) to a public website, or otherwise exhibiting said movie in a public place, you grant to Moviestorm Ltd the same rights to publicity and distribution as if the movie had been uploaded to the Moviestorm website as detailed in 12.2, above.
12.7 For the avoidance of doubt, absolutely no right of ownership or exploitation is granted to You for the models, animations, textures or other assets supplied with the Software, with the exception of rights granted within this Agreement. Use of these assets is granted to You for personal use only. This does not affect your rights to footage created by the Software, as detailed in 12.1, above.
12.8 All digital assets associated with the Software, and distributed by Moviestorm Limited, are for use solely to create movies within the Software, or as part of a creation process utilising additional third party software to that end. For the avoidance of doubt, these assets may not be extracted from the Software and used to produce movies or other media that that are not wholly or substantially created with the Software.
Should You have any questions concerning this Agreement, or if You desire to contact Moviestorm Limited for any reason, please:
write to – Moviestorm Limited, 48 Hinton Way, Cambridge, CB22 5BB, U.K.;
use the online web customer support page contained on www.moviestorm.co.uk
You are notified that the Software is based on a technology that is or may be the subject matter of a number of pending patent applications and / or copyrights and / or trademarks and / or registered rights