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License

Cinegrading, All Versions
Copyright © 2020 Cinegrading

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING OUR PRODUCTS.

1. LICENSE

By receiving, opening the file package, and/or using Cinegrading Packages, All Versions (“Product”) containing this product, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Cinegrading your use of Cinegrading Packages, All Versions indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Cinegrading grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Cinegrading Packages, All Versions in accordance with this Agreement and any other written agreement with Cinegrading. Cinegrading does not transfer the title of Cinegrading Packages, All Versions to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Cinegrading and the purchasers or users of Cinegrading Packages, All Versions.

If you do not agree to be bound by this agreement, remove Cinegrading Packages, All Versions from your computer now and, if applicable, promptly return to Cinegrading by mail any copies of Cinegrading Packages, All Versions and related documentation and packaging in your possession.

2. DISTRIBUTION

Cinegrading Packages, All Versions and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Cinegrading Packages, All Versions contact Cinegrading.

3. USER AGREEMENT

3.1 Use

Your license to use Cinegrading Packages, All Versions is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Cinegrading Packages All Versions.

3.2 Use Restrictions

You shall use Cinegrading Packages, All Versions in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Cinegrading Packages, All Versions together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Cinegrading Packages, All Versions may be used on TWO computer locations by ONE user. Use of Cinegrading Packages, All Versions means that you have loaded, installed, or run Cinegrading Packages, All Versions on a computer or similar device. If you install Cinegrading Packages, All Versions onto a multi-user platform, server or network, each and every individual user of Cinegrading Packages, All Versions must be licensed separately.

You may make one copy of Cinegrading Packages, All Versions for backup purposes, providing you only have one copy installed on up to two computers being used by one person. Other users may not use your copy of Cinegrading  Packages, All Versions. The assignment, sublicense, networking, sale, or distribution of copies of Cinegrading Packages, All Versions are strictly forbidden without the prior written consent of Cinegrading. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Cinegrading Packages, All Versions. If any person other than yourself uses Cinegrading Packages, All Versions registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Product contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Cinegrading Packages, All Versions. Nor can you create any derivative works or other works that are based upon or derived from Cinegrading Packages, All Versions in whole or in part.

Cinegrading’s name, logo and graphics file that represents Cinegrading Packages, All Versions shall not be used in any way to promote products developed with Cinegrading Packages, All Versions . Cinegrading retains sole and exclusive ownership of all right, title and interest in and to Cinegrading Packages, All Versions and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Cinegrading Packages, All Versions, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Cinegrading.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Cinegrading, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Cinegrading Product.

In no event (including, without limitation, in the event of negligence) will Cinegrading, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Cinegrading Packages, All Versions or the use or inability to use Cinegrading Packages, All Versions or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Cinegrading's entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Product (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Cinegrading.com) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Cinegrading.com.

3.5 Warranties

Except as expressly stated in writing, Cinegrading.com makes no representation or warranties in respect of this Product and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Israel applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Israel therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Cinegrading.com Packages, All Versions and destroy all copies of Cinegrading.com Packages, All Versions supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS PRODUCT AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY CINEGRADING.COM PACKAGES, ALL VERSIONS AS WELL.

5. REFUNDS

ALL SALES ARE FINAL. SUBSCRIPTIONS, SUPPORT CONTRACTS, UPDATES AND PRODUCTS ARE SOLD AS NON-REFUNDABLE, NON-RETURNABLE AND NON-TRANSFERABLE. OFFERINGS MAY VARY AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.