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End User Licence Agreement
InfinityVisions Inc. SOFTWARE PRODUCT END-USER LICENSE AGREEMENT NOTICE TO USER: THIS IS A CONTRACT, BY INSTALLING THIS PACKAGE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.KEEP THE AGREEMENT IN SAFE PLACE. IT WILL BE REQUIRED FOR ANY GUARANTEES OR LITIGATIONS. IMPORTANT READ CAREFULLY: ShowDirector, Visual ShowDirector, Fx Generator, Particle Generator, VSD 3D Pos Editor, Visual ShowDirector Player, PyroCreator, ShowDirector Tools, ShowDownloader, and any other InfinityVisions software referred herein as SOFTWARE PRODUCT, are licensed, not sold. This InfinityVisions End-User License Agreement (AGREEMENT) is a legal agreement between you (either an individual or a single entity) and InfinityVisions for the InfinityVisions SOFTWARE PRODUCT identified above, which includes computer software and associated hardware, media and printed materials, and may include online or electronic documentation (SOFTWARE PRODUCT). By installing, copying, or otherwise using SOFTWARE PRODUCT, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, promptly return the unopened SOFTWARE PRODUCT envelope to the place from which you received it, or delete any installation files in your computer, to obtain a full refund. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect SOFTWARE PRODUCT. 1. GRANT OF LICENSE. This AGREEMENT grants you the following rights: I. Software. You may install and use one copy of SOFTWARE PRODUCT on a single computer. Each primary user of the SOFTWARE PRODUCT specified above, may also install and use an additional copy of the SOFTWARE PRODUCT on a portable device or home computer (not both), providing this copy is not used concurrently with the primary copy. Online licenses. Temporary and Permanent, are to be used under sales agreement terms, and require active internet connection, for periodic security checks. InfinityVisions is not responsible for its SOFTWARE PRODUCT not functioning due to internet connection interruptions of service providers. InfinityVisions software does not collect or transmit any data in your computer, except SOFTWARE PRODUCT active registration information. By this Agreement you authorize InfinityVisions software to exchange product active registration information with our servers. II. User may only use the SOFTWARE PRODUCT to design and simulate pyrotechnic and multimedia shows, download firing tables to the Pyrodigital Firing System and encode video content for demonstration only. User may not use the SOFTWARE PRODUCT to encode video or electronic media content that is intended to be used for resale or other commercial purposes. If you intend to do so you need to request a commercial print or electronic media content distribution license from InfinityVisions. III. Visual ShowDirector Player.exe - The InfinityVisions Visual ShowDirector associated install executable( visual ShowDirector player.exe) may be freely distributed, not sold, for the purpose of allowing end users to view files created with the SOFTWARE PRODUCT. This right applies only to redistribution of the (visual ShowDirector player.exe) and any other rights applicable to the SOFTWARE PRODUCT are preserved for the (visual ShowDirector player.exe). IV. Storage/Network Use. You may also store or install a copy of SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which SOFTWARE PRODUCT is installed or run from the storage device. A license for SOFTWARE PRODUCT may not be shared or used concurrently on different computers. V. License Pak. If you have acquired this AGREEMENT in an InfinityVisions License Pak, you may make the number of additional copies of the computer software portion of SOFTWARE PRODUCT authorized on the printed copy of this AGREEMENT, and you may use each copy in the manner specified above. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. I. Limitations on Reverse Engineering, De-compilation, and Disassembly. You may not reverse engineer, decompile, bypass or emulate security and protection functions or disassemble SOFTWARE PRODUCT or associated hardware. II. Separation of Components. SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. III. Rental or Re-sale. You may not sell, rent or lease SOFTWARE PRODUCT without authorization of InfinityVisions. IV. Software Transfer. Only with written authorization of InfinityVisions may you permanently transfer all of your rights under this AGREEMENT, provided you retain no copies, you transfer all of SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this AGREEMENT and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this AGREEMENT. If SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of SOFTWARE PRODUCT . V. Termination. Without prejudice to any other rights, InfinityVisions may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must return all copies of SOFTWARE PRODUCT and all of its component parts. 3. COPYRIGHT. All title and copyrights in and to SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and applets, particle animation system graphics components and any combination of them, incorporated into SOFTWARE PRODUCT), the accompanying printed materials, and any copies of SOFTWARE PRODUCT , are owned by InfinityVisions. SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying SOFTWARE PRODUCT. Copyrights and trademarks may not be used on online sites without the express prior written permission of InfinityVisions. You may not sell or publically distribute printed or audiovisual materials produced with SOFTWARE PRODUCT without authorization of InfinityVisions Inc. 4. DUAL-MEDIA SOFTWARE. You may receive SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of SOFTWARE PRODUCT . MISCELLANEOUS If you acquired this product in the United States, the laws of the State of Washington govern this AGREEMENT. Should you have any questions concerning this AGREEMENT, or if you desire to contact InfinityVisions for any reason, please contact the InfinityVisions subsidiary serving your country, or write: sales@infinityvisions.com LIMITED WARRANTY. InfinityVisions warrants that (a) SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of ninety(90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90)days. InfinityVisions does not warrant that the software is free from all bugs, errors, and omissions. Removal of Serial Number label or permanent marking of the Dongle ( hardware security key) will void guarantee of the dongle. CUSTOMER REMEDIES. InfinityVisions and its suppliers' entire liability and your exclusive remedy shall be, at InfinityVisions option, either (a) return of the price paid, or (b) repair or replacement of SOFTWARE PRODUCT or hardware that does not meet InfinityVisions Limited Warranty and which is returned to InfinityVisions with a copy of your receipt. This Limited Warranty is void if failure of SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by InfinityVisions are available without proof of purchase from an authorized international source. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, InfinityVisions AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO SOFTWARE PRODUCT , AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/ JURISDICTION TO STATE/JURISDICTION. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL InfinityVisions OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE PRODUCT , EVEN IF INFINITYVISIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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