End User License Agreement (EULA)
Last updated: 26.05.2022
This End-User License Agreement (“EULA”) is a legal agreement between (a) You (either an individual or a single entity) and (b) ‘Arise Rigging System’ (also referred to as ‘Arise’) that governs your use of any software product, installed on or made available by ‘Arise Rigging System’
By clicking “I agree” or by taking any step to install or use the software product, you (1) represent that you are of the legal age of majority in your state, province jurisdiction of residence and, if applicable, you are duly authorized by your employer to enter into this contract and (2) you acknowledge and agree that you have read, understood and agreed to the terms and conditions of the EULA. If you do not agree with the terms, conditions, and limitations of this EULA, you are not authorized to receive and use the Software ‘Arise Rigging System’.
Definitions
“EULA” shall refer to this End-User-License-Agreement, including any amendment to this Agreement.
“Licensee” shall refer to the individual or single entity that downloads and uses the Software.
“Licensor” shall refer to the company or author of ‘Arise Rigging System’, located at 204-130 West 5th street, North Vancouver, BC, Canada.
“Software” shall refer to ‘Arise Rigging System’ (and includes associated media, and ‘online’ or electronic documentation), the Licensed Product provided pursuant to this EULA.
“Subscription License” means a license to use the Software commercially on a subscription basis granted to either an individual user, or an entity. If Licensee has purchased a Subscription License, the License shall be limited to a subscription period after which it shall either renew for another term or expire.
“Enhancements” means adding, but not changing, code to the Software in ways specified as allowed in the Software online documentations only.
“Machine” means any device, including desktop, laptop, PC or any device able to run the Software on it.
Grant of Limited License
Subject to the terms of this EULA, the licensor hereby grants to the Licensee, a revocable, non-exclusive, non-transferable, limited right to install and use the Software on a Machine owned or controlled by you, and to access and use the Software on such Machine strictly in accordance with the terms and conditions of this EULA.
Restrictions on Use
Subject to all the terms and conditions of this EULA you are granted the rights to use the Software: (a) without a subscription license if Software is used for evaluation, education or non-commercial use only; (b) for commercial use, only if an appropriate subscription license was purchased and only for the length of your active license subscription.
You shall use the Software strictly in accordance with the terms of this agreement and shall not (and shall not authorize any third party to): (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software by any means whatsoever; (b) make any modification, adaptation, improvement, translation or derivative work from the Software; (c) make any Enhancements to the Software for profit or distribution; (d) violate any applicable law, rules or regulations in connection with your access or use of the Software for any purpose; (e) install, use or permit the Software to exist on more than one Machine or more Machines than the license activations limit you purchased; (f) sell, sublicense, rent, loan, lease, distribute, market, or commercialize the Software; (g) make the Software available over a network or other environment permitting access or use by multiple Machines at the same time; (h) use the Software for creating a product, service or software this is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Licensor.
License Variants
‘Arise Rigging System’ offers the following commercial license types: Indie License, Studio License. Any commercial use of ‘Arise’ requires a license or licenses.
‘Indie License’ means a subscription license to use the Software commercially granted to an individual user working on productions with under USD 500,000 in total annual revenue or funding. Indie License may be activated on two (2) different Machines by the user, provided that these computers belong to the user and are used solely by the user.
‘Studio License’ means a subscription license to use the software commercially granted to an individual user or a single entity with revenue above USD 500,000. Any contractor working on behalf of the user or entity shall subscribe to a Studio License, notwithstanding the contractor’s own revenue. Studio License may be activated on one (1) Machine for use by one (1) user, additional activations for more users and or Machines require additional studio licenses.
License Subscription Fees
Except for evaluation, education or non-commercial usage, as stated in Restriction of Use section (If applicable), You may use the Software only after paying any applicable fees of a recurring Subscription License. All fees are posted on ‘Arise Rigging System’ website and are subject to change without notice for new purchases. ‘Arise’ may deactivate your license if you fail to pay the applicable fees. All fees are non-refundable.
Method of Payment. You shall pay all fees in advance using a credit card. ‘Arise’ may charge renewal fees to the provided credit card without further notice. If ‘Arise’ is unable to charge the credit card provided, ‘Arise’ may make the Software inaccessible.
Payment for the Subscription License is facilitated through Stripe and PayPal which are integrated into the ordering page.
Billing Issues. You shall notify ‘Arise Rigging System’ of any billing problems or disputes within 30 days after the charge first appears on a statement from the credit card provider. You waive your right to dispute any billing problem if you fail to notify ‘Arise’ within the 30 day period.
Renewal. The subscription services will renew automatically for subsequent subscription terms of the same duration as the original subscription term (a “Renewal Term”), unless the customer canceled his subscription before terms end.
On renewal, the customer’s subscription shall be automatically renewed on the day of expiration of the term for the same term and number of authorized license activations as previously applicable, subject to auto-debit of the applicable subscription fees from the payment mode selected by the customer.
Taxes and Other Incidental Charges. The subscription fee and rate plans shall include applicable taxes and other government levies.
Termination of Use
If you fail to comply with any term, terms and conditions of the EULA, then this EULA and any rights afforded to You hereunder shall terminate automatically, without notice or other action by ‘Arise Rigging System’. Upon any termination of this EULA, you must discontinue all and any use of the Software and any of its components.
The terms set forth in this section and the sections entitled Restrictions on Use, Intellectual Property Rights and Disclaimer of Warranties shall survive any termination of this EULA.
Limitation of Liability
The Licensee agrees that the Licensor shall not be liable to Licensee, or any other related person or entity claiming any loss of profits, income, data, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if the Licensor has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall Licensor aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee to Licensor for the Software.
Indemnification: You hereby agree to indemnify and hold Licensor harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against Licensor, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.
Disclaimer of Warranties
Licensor, and author of this Software, expressly disclaim any warranty for the Software. The Software and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Software.
Internet. You acknowledge that the Software license is subject to the operation and telecommunications infrastructures of the Internet and the operation of your Internet connection services, all of which are beyond ‘Arise’ control.
Open Source Software
The Software product may include certain open source components that are subject to open source licenses (“Open Source Software”), in which case, the embedded Open Source Software is owned by a third party. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under its applicable license terms which accompanies such Open Source Software. Nothing in this EULA limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for the Open Source Software. Any fees charged by ‘Arise Rigging System’ in connection with the Software, do not apply to the Open Source Software for which fees may not be charged under the applicable license terms. The terms and conditions of the applicable licenses for the Open Source components are available under the ‘external_modules’ folder in text files, which are provided within the ‘Arise’ folder.
Modification to Software
Licensor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with thirty (30) days prior written notice to You (Licensee). A refund will be issued, if applicable, for the time period during which the Software is unusable.
Support
Any updates or support services for the Software may be provided under ‘Arise Rigging System’ sole discretion.
Minimum Requirements
The Software may require your system (Machine) to comply with specific minimum software, hardware and/or Internet connection requirements. The specific minimum software, hardware and/or Internet connection requirements can be found within ‘Arise Rigging System’ online documentations.
Intellectual Property Rights
You acknowledge that the Software and the documentation are proprietary to ‘Arise Rigging System’ and ‘Arise’ retain all rights, title, and interest in and to the Software and documentation and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software or documentation. You are not granted any rights, license or interest to any of ‘Arise’ trademarks or service marks. You may not modify or create derivative works based upon the Software or documentation.
Contact Information
Website: www.ariserigging.com
Email: info@ariserigging.com