# END-USER LICENSE AGREEMENT ("EULA") FOR FILMVERSE & COLORIST FOUNDRYTHIS LEGALLY BINDING AGREEMENT is made between you (either an individual or a single entity, hereinafter referred to as "Licensee") and Filmblade Video and Audio Software Assets ("Licensor," "Filmblade," "we," "us," or "our") for the Filmverse software product, including but not limited to computer software, associated media, printed materials, and "online" or electronic documentation (collectively referred to as the "Software").
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION.
1. GRANT OF LICENSE
Subject to strict compliance with the terms and conditions set forth in this EULA, Licensor hereby grants to Licensee a perpetual, non-exclusive, non-transferable license to use the Filmverse software for personal, commercial, or educational purposes. The extent of this license depends on the specific product version purchased:1.1 Filmverse Lite License: Grants the right to install and use the Software on one (1) seat, defined as a single computer or device.1.2 Filmverse Pro License: Grants the right to install and use the Software on two (2) seats, defined as two separate computers or devices. Licensee may not exceed the number of seats specified in their respective license type.
2. INTELLECTUAL PROPERTY AND OWNERSHIP
The Software is the sole and exclusive property of Filmblade Video and Audio Assets and is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. This EULA does not convey to Licensee any ownership rights in the Software; rather, Licensee is granted a license to use the Software under the terms and conditions herein.
3. RESTRICTIONS
Licensee shall not, under any circumstances:
a) Reverse engineer, decompile, or disassemble the Software, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b) Rent, lease, lend, sublicense, or otherwise transfer any rights in the Software.
c) Make the Software available on a network where it could be used by more users than the number of seats allowed by the purchased license type.
d) Remove, alter, or obscure any proprietary notices or labels on the Software.
e) Use the Software on more seats than allowed by the purchased license type.
4. TERM AND UPDATES
4.1 Perpetual License: Upon purchase of Filmverse (either Lite or Pro), Licensee is granted a perpetual license to use the Software, subject to the terms and conditions of this EULA.
4.2 Version Expiration: Each version of the Software will expire twelve (12) months from its release date ("Version Expiration Date"). After the Version Expiration Date, that particular version of the Software will cease to function.
4.3 New Versions: Licensor shall release new versions of the Software before the Version Expiration Date of the current version. Licensee shall have the right to download and use new versions of the Software as they become available, at no additional cost, for the duration of this Agreement.
4.4 Continuous Access: Provided that Licensee complies with the terms of this EULA, Licensor shall ensure that a functional version of the Software is always available to Licensee, either through timely updates or by extending the Version Expiration Date of the current version if a new version is not yet ready for release.
4.5 Update Notifications: Licensor shall make reasonable efforts to notify Licensee of new versions and impending Version Expiration Dates. However, it is Licensee's responsibility to ensure timely updates to maintain uninterrupted access to the Software.
5. SUPPORT SERVICES
Licensor may, at its sole discretion, provide Licensee with support services related to the Software ("Support Services"). Any supplemental software code provided to Licensee as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA.
6. TERMINATION
Without prejudice to any other rights, Licensor may terminate this EULA if Licensee fails to comply with any term or condition herein. In such event, Licensee must immediately cease all use of the Software and destroy all copies of the Software and all of its component parts in Licensee's possession or control.
7. LIMITED WARRANTY
Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to Licensee.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR 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, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. COPYRIGHT NOTICE
Copyright © 2020-2024 Filmblade Video and Audio Software Assets. All rights reserved.
10. PERMISSION REQUESTS
For permission requests, Licensee must submit a written request to the Licensor at www.coloristfoundry.com or www.filmblade.com. US Copyright Registration Number PAPAu004053336.
11. GOVERNING LAW AND JURISDICTION
This EULA shall be governed by and construed in accordance with the laws of the United States of America and India, without regard to conflicts of law principles. Any dispute arising out of or related to this EULA shall be subject to the exclusive jurisdiction of the courts located in the United States of America and India.
12. LICENSE TYPES AND SEAT ALLOCATION
12.1 Filmverse Lite: Each Filmverse Lite license permits installation and use of the Software on one (1) seat, defined as a single computer or device.
12.2 Filmverse Pro: Each Filmverse Pro license permits installation and use of the Software on two (2) seats, defined as two separate computers or devices.
12.3 Seat Usage: Licensee agrees to use the Software only on the number of seats permitted by their license type. Any use of the Software on more seats than allowed by the license type is a violation of this EULA and may result in termination of the license.
12.4 License Upgrades: Licensee may upgrade from a Filmverse Lite license to a Filmverse Pro license by paying the difference in price. Such upgrades are subject to Licensor's current pricing and policies at the time of upgrade.
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE FILMVERSE SOFTWARE, LICENSEE ACKNOWLEDGES THAT THEY HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Filmblade Studios,
India