Copyright © 2023 Cinegrading
*** END USER LICENSE AGREEMENT ***
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING OUR PRODUCTS.
By receiving, opening the file package, and/or using any and all versions of Cinegrading packages and products (“Cinegrading Products”), you agree that this End User License Agreement (“Agreement”) is a legally binding and valid contract and agree to be bound by it. You agree to abide by 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 Products 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 the right to sub-license, to use Cinegrading Products in accordance with this Agreement and any other written agreement with Cinegrading.
When you buy Cinegrading Products, you do not buy the ownership title of that product. Instead, you buy a license to use Cinegrading Products based on the rules explained in this Agreement. This Agreement is a binding legal agreement between Cinegrading and the purchasers or users of Cinegrading Products.
If you do not agree to be bound by this Agreement, please remove Cinegrading Products and documentation from your computer.
Cinegrading Products and the license herein granted shall not be copied, shared, distributed, re-sold, offered for resale, transferred, or sublicensed in whole or in part, except that you may make one copy for archive purposes only. For information about redistribution of Cinegrading Products, please contact Cinegrading.
Your license to use Cinegrading Products is limited to the number of licenses purchased by you. You shall not allow others to use, copy, or evaluate products you have licensed from Cinegrading.
You shall use Cinegrading Products in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display, or distribution of Cinegrading Products 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 Products may be used on TWO computer locations by ONE user. Use of Cinegrading Products means that you have loaded, installed, or run Cinegrading Products on a computer or similar device. If you install Cinegrading Products onto a multi-user platform, server, or network, each and every individual user of Cinegrading Products must be licensed separately.
You may make one copy of Cinegrading Products 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 Products. The assignment, sublicense, networking, sale, or distribution of copies of Cinegrading Products is 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 Products. If any person other than yourself uses Cinegrading Products 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.
Cinegrading Products contain copyrighted and/or proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble, or decompile Cinegrading Products. Nor can you create any derivative works or other works that are based upon or derived from Cinegrading Products in whole or in part.
Cinegrading’s name, logo, and graphics file that represents Cinegrading Products shall not be used in any way to promote products developed with Cinegrading Products. Cinegrading retains sole and exclusive ownership of all rights to, title to, interest in, and intellectual property related to Cinegrading Products.
Copyright law and international copyright treaty provisions protect all parts of Cinegrading 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.
You will indemnify, hold harmless, and defend Cinegrading, its employees, agents, and distributors against any and all claims, proceedings, demands, and costs resulting from or in any way connected with your use of Cinegrading Products.
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, arising out of, or related to this Agreement or Cinegrading Products, or the use or inability to use Cinegrading Products.
Cinegrading's entire liability, without exception, is limited to customer reimbursement of the purchase price of Cinegrading Products (maximum being the lesser of the amount paid by you and the suggested retail price expressed by Cinegrading) in exchange for the return of the Cinegrading Products including all copies, registration papers, manuals, and all other materials that constitute a transfer of license from the customer back to Cinegrading.
Except as expressly stated in writing, Cinegrading makes no representation or warranties in respect to Cinegrading Products and expressly excludes all other warranties, expressed or implied, oral or written.
This Agreement shall be governed by the laws of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the United States therefrom. If any provision shall be considered unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
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 Products and destroy all copies of Cinegrading Products supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
Cinegrading Products and the accompanying files are sold “as is” and without warranties as to performance, merchantability, or any other warranties whether expressed or implied. This disclaimer concerns all files generated and edited by Cinegrading Products as well.
All sales are final. Cinegrading Products are sold as non-refundable, non-returnable, and non-transferable. Offerings may vary and are subject to change without notice.
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