LICENSE AGREEMENT TERMS AND CONDITIONS
This End User License Agreement (“Agreement”) is a legal agreement between you and PlaySys, developer of Real HDR, governing the use of Real HDR software and documentation (collectively referred to as the “Software”). The terms “PlaySys”, “we”, “us” or “our” each refers to the licensor PlaySys.
The terms “you” or “your” each refers to the end user and licensee of Real HDR Software under this Agreement. By installing, copying or otherwise using our Software, you are agreeing to be bound by and comply with the terms and conditions of this Agreement. This Agreement represents the entire agreement between you and PlaySys, and it supersedes any prior proposal, representation or understanding between the parties. If you do not agree to the terms of this Agreement, you are not allowed to install, copy or otherwise use the Software, or any portion thereof.
Section 1. License Grant
1.1 Issuer of license: PlaySys, Piazza Fratelli Bandiera 13 – 20129 Milan, Italy (“PlaySys”). VAT: IT 02205670207, REA: MI-1856908, D-U-N-S Number: 432807827
1.2 Software: “Software” in terms of this Agreement means the computer software, the accompanying media, application documentation, electronic instruction manuals, and online instruction manuals. The term “Software” also includes the updates and upgrades related to a release, unless explicitly agreed otherwise in the following terms and conditions.
1.3 Computer: “Computer” in this Agreement denotes an individual computer or computer workstation.
1.4 Updates: “Updates” means Software with equal or improved functionality whose purpose is to correct defects. Upgrades: “Upgrades” means Software of a higher stage of expansion or with expanded functionality, sometimes with a change of release number. PlaySys generally provides updates and upgrades for Real HDR free of charge.
1.5 License Grant. The Software is licensed and not sold. PlaySys grants you a non-exclusive, non-sublicensable, non-transferable, fully paid, perpetual single-user license to Install and Use one copy of the Software.
1.6 Refund policy. Given the nature of digital content, PlaySys does not offer a refund for the software.
1.7 Not-for-Resale: Software that is delivered by PlaySys marked as “Not-for-Resale” and whose sale or distribution to third parties is prohibited without permission of PlaySys.
1.8 PlaySys retains the title, copyright, and other intellectual property rights to the Software. All copies of the Software and documentation, including updates, are the property of PlaySys, and no title or ownership of the Software or documentation is transferred under this agreement to the End User.
Section 2. Subject Matter of the Agreement
2.1 The End User shall pay the License fee for the Sofware in accordance with the payment plan.
2.2 PlaySys offers the Software to you as the End User via download from the Internet. You recognize that the identifying information of the computer system used will be sent to PlaySys during installation and software activation. PlaySys affirms that the hardware’s identifying information will not be made accessible to third parties and will only be used to generate and validate the necessary activation code.
2.3 PlaySys provides the Software personal activation to the End User after the payment and the End User is entitled to use the Software indefinitely under and subject to the terms and conditions of this Agreement.
2.4 The single user license and the provided activation code allow the End User to install the Software on no more than one computer system at the same time. You may transfer your license and log in with your personal activation code to another computer system, not more than once every calendar day. For activation and correct functioning of the licensing system and the Software, the End User is required always to be logged in and connected to the Internet.
2.5 The right to use the Software includes the right to copy the Software where necessary. Necessary copying includes installation of the Software from a download medium – e. g., the Internet – onto a hard drive or mass storage device and the loading of the Software into the RAM or cache.
2.6 The End User has a right but not an obligation to use the Software in executable format for its own use. If the Software is used for the creation of the publicly distributed media, such as but not limited to video games, movies, cartoons etc., the Software should be listed in the credits.
2.7 The End User is not entitled to rent out, lease, or lend the Software to third parties without PlaySys’s permission, especially for purposes directly or indirectly related to any form of compensation. The End User is not entitled to transfer the license to third parties or issue sub-licenses beyond the provisions of this Agreement without PlaySys’s permission.
2.8 The End User is not entitled to modify, alter, or create any derivative works from the Software, reverse engineer, decompile, decode, decrypt, disassemble, or derive any source code from the Software, remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software.
2.9 PlaySys may include measures to control access to the Software, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. The End User may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disconnect from the Internet, disable or otherwise tamper with the technical protection measures, the Software will not function properly.
Section 3. Updates and Upgrades
3.1 Updates and upgrades for the Software may only be obtained with a valid license for the previous release.
3.2 After installation of the update or upgrade, the previous release may only continue to be used if the updates or upgrades and all previous releases are installed on the same end device, the previous releases or copies thereof are not transferred to a third party device or some other devices, and you recognize that all support duties PlaySys may have with respect to the previous release may expire upon provision of the updates or upgrades.
Section 4. Ongoing Development
Due to the ongoing development of PlaySys’s Software products, current and previous versions of PlaySys’s Software may differ, possibly limiting the Software’s usability. You recognize that developmental differences do not constitute a defect in the item and that as long as the Software is still under development, adjustments may be necessary and work results, as a matter of prudent risk management, should be backed up.
Section 5. Violation of Rights of Use
5.1 If PlaySys’s rights of use are violated, PlaySys has the right to terminate this Agreement without liability, and with no effect on any claims for damages. In such a case, you must return all Software, including all accompanying materials. If backup copies have been made or copies have been made based on a copying license, these copies must be destroyed and the Software installed on the hardware in question must be deleted. You must provide PlaySys with proof of deletion and destruction in written form upon the first request.
5.2 The software contains technical functions for the protection of PlaySys’s usage rights against unauthorized use. The use of the software is monitored and checked to ensure that the software is being used in accordance with this agreement and authorized usage rights. In particular, the software gathers data about the system on which the software is installed and used as well as about the dates and number of duplications, use, and access. This data can be sent to PlaySys via the software’s communication ports using network connections and the Internet. The end user agrees that PlaySys processes and uses this data to protect and enforce their usage rights. The end user is not permitted to remove or circumvent these protective functions and is not permitted to use the software without these protective functions in place.
5.3 If the end user breaches this agreement or PlaySys’s usage rights or PlaySys reasonably determines they will do so, PlaySys can prevent the further usage of the installation and installation of updates. PlaySys reserves the right to file civil or criminal charges.
Section 6. Warranty
6.1 PlaySys warrants that the Software conforms substantially to the specifications for the Software if used properly on the systems identified. This limited warranty only applies on the condition that you install the most recent version of the Software. The warranty refers to the service and price overview documented by PlaySys on the date of the conclusion of your contract. The lack of services or functions not documented are not defects or errors.
6.2 If the Software is delivered to you by PlaySys without payment of a license fee, the following shall be considered agreed between the parties:
This software is provided to you by PlaySys on an “as is” basis with no warranty of freedom from defects of quality or title, including; but not limited to non-infringement; guarantees, merchantability, fitness for a particular purpose and absence of viruses. In particular, PlaySys does not warrant that the software will operate without interruption or error-free or that it will meet your requirements.
6.3 If the Software is delivered to you by PlaySys in return for payment of a license fee, the following shall be considered agreed between the parties:
6.3.1 PlaySys warrants that the Software is suitable for the purpose specified in the user documentation provided to you.
6.3.2 Any warranty to the effect that the Software and documentation are sufficient for your specific needs or purposes and/ or are compatible with your other software and/or hardware that was not specified by PlaySys is explicitly excluded.
6.3.3 PlaySys does not offer a warranty for any malfunctions for which PlaySys is not responsible, especially if caused by installation of other third party software programs (“3rd party plugins”), use of unauthorized hardware and/or storage modules, malfunctions in modules not programmed by the provider, or use of an operating system not supported by the Software.
6.4 PlaySys is not liable for damages of any kind incurred because you failed to install updates and/or upgrades, either for licensed Software provided free of charge or for purchased software licenses.
6.5 PlaySys advises against using multiple licensed versions of the Software on one computer system at the same time. Any warranty or liability for incompatibilities or resulting damages that may arise due to a parallel installation of different licensed versions of the Software, especially non-usability of the licensed Software, is explicitly excluded.
Section 7. Termination of this Agreement
7.1 This Agreement is concluded for an indefinite term. Either party may terminate the contract for cause without notice. Any material breach of the provisions of this Agreement constitutes cause for termination.
7.2 If this Agreement ends, PlaySys does not issue a refund and is entitled to terminate the license, prohibit the use of the Software, and discontinue support in the form of updates and/or upgrades.
Section 8. Data Protection
8.1 PlaySys will store your personal data for purposes of customer data collection, customer order processing, and monitoring of legal use of the licensed Software. Your personal data will only be used to fulfill our obligation under this Agreement. If the online offer is used to order goods, it may be necessary to transmit personal data to third parties in order to process the order. Your personal data are only stored and transmitted to the extent required for order processing. Third parties who receive data in the course of order processing are also bound by the legal regulations for handling personal data. The data will only be transmitted to bodies entitled to receive the information in so far as PlaySys is required to do so by law or by a court decision.
8.2 PlaySys stores, processes and uses the customer information for statistical purposes and to improve the quality of its products and services and shall not transfer it to third parties or use it for any other purpose without your approval.