For Blender® Stand Alone Player and Blender® 3D Plug-in.
End User License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) NaN or third party computer information or software; and (ii) related explanatory written materials or files ("Documentation"); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by NaN (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by NaN. "NaN" means NaN Holding bv, Meerenakkerplein 11, 5652 BJ Eindhoven, the Netherlands, a company organized under the laws of the Netherlands.
2. Software License. As long as you comply with the terms of this End User License Agreement (this "Agreement"), NaN grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.
2.1. General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers.
2.2. Server Use. With respect to the Blender Stand Alone Player and Blender 3D Plug-in only, and subject to the terms of this Agreement, you may install one copy of such Software on a computer file server within your internal network for the sole and exclusive purpose of using such Software (from an unlimited number of client computers on your internal network) via (a) the Network File System (NFS) or (b) Windows Terminal Services. Unless otherwise expressly permitted hereunder, no other server or network use of the Software is permitted, including but not limited to using the Software (i) either directly or through commands, data or instructions from or to another computer or (ii) for internal network, internet or web hosting services.
2.3 No Modification. You may not alter or modify the Software or create a new installer for the Software. The Software is licensed and distributed by NaN for viewing, distributing and sharing .blend files. You are not authorized to integrate or use the Software with any other software.
3. Intellectual Property Rights. The Software and any copies that you are authorized by NaN to make are the intellectual property of and are owned by NaN and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of NaN and its suppliers. The Software is protected by copyright, including without limitation by Dutch Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Unless specifically and expressly permitted by NaN, you agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted herein are reserved by NaN.
4. Transfer. You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software.
5. NO WARRANTY. The Software is being delivered to you "AS IS" and NaN makes no warranty as to its use or performance. The content viewed with the Software is not owned by NaN and NaN makes no warranties as to its use. NaN AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR VIEWING IT'S CONTENT. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, NaN AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL NaN OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A NaN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. NaN'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
7. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in the Netherlands. The courts of Amsterdam, the Netherlands shall have non-exclusive jurisdiction over all disputes relating to this Agreement.
8. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of NaN. Updates may be licensed to you by NaN with additional or different terms. This is the entire agreement between NaN and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
Blender, Blender Stand Alone Player and Blender 3D Plug-in are either registered trademarks or trademarks of NaN Holding bv in the Netherlands.