OBVIOUSFX LICENSE STATEMENT AND LIMITED WARRANTY

IMPORTANT - READ CAREFULLY

This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and ObviousFX LLC ("ObviousFX") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. If you are the original purchaser of the Software and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund.

1. LICENSE GRANT
Upon your acceptance of the terms and conditions of the License Agreement, ObviousFX grants you the right to use the Software in the manner provided below.

1.1. This Software is owned by ObviousFX or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book).

1.2. You may install and use a single copy of the Software on your compatible computer.

1.3. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided in the Transfer section in this License Agreement.

1.4. You may also make a second copy for your exclusive use on a portable computer provided the Software on the portable computer is not being used at the same time the Software on the primary computer is being used.

1.5. You may also install a copy of the Software on each computer on the same network as your computer on which Adobe After Effects Render Engine is installed. The term “Render Engine” means the installable portion of Adobe After Effects that allows After Effects projects to be rendered but cannot be used to create or modify projects and does not include the complete After Effects user interface.

2. TRANSFER
Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation.

You may, however, transfer all your rights to use the Software to another person or legal entity on a permanent basis provided you transfer this Licence Agreement, the Software and documentation, including all copies, update and prior versions to such person or entity and that you retain no copies, including copies stored on computer and the recipient agrees to the terms of the License Agreement.

3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Software remains a confidential trade secret of ObviousFX and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

4. UPGRADES
If you have purchased an upgrade version of the Software, it constitutes a single product with the ObviousFX software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.

5. EXPORT RESTRICTIONS
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this License Agreement.

6. LIMITED WARRANTY
ObviousFX warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of thirty (30) days from the date of receipt. Any implied warranties on the Software are limited to thirty (30) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

ObviousFX's and its suppliers' entire liability and your exclusive remedy shall be, at ObviousFX's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet ObviousFX's Limited Warranty and which is returned to ObviousFX with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CONTACTED THE OBVIOUSFX SUPPORT DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or fifteen (15) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by ObviousFX are available without proof of purchase from an authorized non-U.S. source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBVIOUSFX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OBVIOUSFX 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 THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBVIOUSFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OBVIOUSFX'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25 IN TOTAL. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. GENERAL PROVISIONS

8.1. This License Agreement may only be modified in writing signed by you and an authorized representative of ObviousFX. If any provision of the License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this License Agreement shall remain in effect.

8.2. In the event of litigation between you and ObviousFX concerning the Software, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

8.3. This License Agreement shall be construed, interpreted and governed by the laws of the State of Delaware, U.S.A. This License Agreement gives you specific legal rights; you may have others that vary from state to state and from country to country. ObviousFX reserves all rights not specifically granted in this License Agreement.

 

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