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TVPaint Animation 11
1991-2015 TVPaint Dveloppement. All Rights Reserved.
IMPORTANT: THIS END USER LICENSE AGREEMENT FOR SOFTWARE (EULA) IS A CONTRACT BETWE
EN THE LICENSEE AND TVPAINT DEVELOPPEMENT. READ IT CAREFULLY BEFORE FINISHING IN
STALLATION AND USING THE SOFTWARE. THIS LICENSE AGREEMENT AUTHORISES THE LICENSE
E TO USE THE SOFTWARE AND CONTAINS INFORMATION ON LIMITATIONS OF LIABILITY AND W
ARRANTIES. BY INSTALLING AND USING THE SOFTWARE, THE LICENSEE ACKNOWLEDGES ACCEP
TANCE OF THE SOFTWARE AND BEING BOUND BY THE TERMS OF THIS AGREEMENT.
IF THE LICENSEE DOES NOT WISH TO ACCEPT THIS AGREEMENT, OR IF THE LICENSEE DOES
NOT HAVE THE RIGHT, THE POWER OR THE AUTHORITY TO ACT ON BEHALF OF THIS ENTITY O
R TO ENTER INTO AGREEMENTS OR ACT ON HIS/HER OWN ACCOUNT AS A NATURAL PERSON (IN
THE ABSENCE OF SUCH AN ENTITY), DO NOT CLICK ON THE I ACCEPT BUTTON OR ON ANY OTH
ER BUTTON OR SYSTEM USED TO ACCEPT THE AGREEMENT AND DO NOT INSTALL, COPY OR USE
THE SOFTWARE IN ANY WAY, WHETHER IN WHOLE OR IN PART;
NON-ACCEPTANCE OF THIS AGREEMENT WILL NOT GIVE RISE TO THE RIGHT TO ANY REIMBURS
EMENT.
THIS EULA REFERS ONLY TO THIS SOFTWARE PROVIDED BY TVPAINT DEVELOPPEMENT.
1. Definitions
1.1. TVPaint Dveloppement corresponds to the company SARL TVPaint Dveloppement.
1.2. Licensee means (a) the company or other legal person on whose behalf the Soft
ware Licenses are purchased or (b) in the absence of such an entity, the natural
person who accepts this Agreement. For clarity, Licensee simply refers to one, sp
ecifically identified natural or legal person but does not refer to either subsi
diaries of, or companies affiliated to, this legal or natural person, nor any ot
her person associated therewith.
1.3. Agreement refers to this License Agreement, which may be amended periodically
in accordance with the provisions hereof.
1.4. Software corresponds to only the TVPaint Dveloppement software program(s) and
third-party software supplied by TVPaint Dveloppement, the corresponding document
ation, associated media, printed, electronic or online materials.
1.5. Reseller refers to a distributor or reseller authorised directly or indirectl
y by TVPaint Dveloppement to distribute Software licenses to the Licensee.
1.6. Dongle: A Dongle is a hardware component that connects to a USB port. It can
be used to protect the software.
If the license is normally protected (protection against copying) by means of a
USB dongle, the latter is essential for the purposes of software usage and from
a legal perspective. In the case of the physical failure of the USB dongle (name
ly in the event of a USB dongle failure even if it does not show any external da
mage), this will be replaced without charge. In the event of loss of the USB don
gle, it will be necessary to repurchase the Software License at the price of the
installed Software License applicable at the date of loss.
1.7. Upgrade refers to a full commercial version that succeeds or replaces an earl
ier version (and which may include error corrections, patches, provisional modif
ications, updates and upgrades or may improve or enhance the functionalities or
functions of the earlier version) for which TVPaint Dveloppement generally applie
s a separate fee.
1.8. Student refers to a natural person who (i) at the time of installation of the
Software is registered at a recognised educational establishment allowing him/h
er to obtain a qualification or certificate within the framework of an education
al programme of at least nine (9) months and who, (ii) on the request of TVPaint
Dveloppement, can provide proof of such registration.
1.9. Earlier version, in relation to any current version, refers to an earlier ver
sion of the software which the current version succeeds or replaces (as establis
hed by TVPaint Dveloppement).
1.10. User Documentation refers to all explanatory or educational components of th
e Software, in paper, electronic or online format that TVPaint Dveloppement inclu
des in the Software or provides to its clients when the latter obtain a license,
purchase or install the Software.
1.11. License Type: refers to a license type specified by TVPaint Dveloppement. The
License Type includes the conditions specified by TVPaint Dveloppement for each
license type. The License Type is established by TVPaint Dveloppement, and there
are 5 License Types:Single-User Commercial License, Network Commercial License, S
ingle-User Education License, Network Education License, Trial License.
1.11.1Single-User Commercial License: If the License identification specifies that
the License Type is a Single-User Commercial License, the Licensee is authorised to
install the software on several computers but only use the software on a single
computer at a time, on the condition that (i) the different copies of the Softwa
re under license are only accessible to the same person; (ii) this person is the
Licensee (if the Licensee is a natural person) or an employee of the Licensee;
(iii) this person accesses the additional copies only to work outside their usua
l place of work and only for the Licensees commercial needs. Saving any provision
to the contrary in this Agreement, and confirmed in writing by TVPaint Dveloppem
ent, theSingle-User Commercial Licenseis for an unlimited duration.
1.11.2Network Commercial License: If the License identification specifies that the
type of License is a Network Commercial License, the Licensee is authorised to ins
tall the software on several computers, in a network, only as part of its intern
al commercial needs, and only to be used by its staff, subject to the maximum au
thorised number of simultaneous users not exceeding the authorised number of use
rs defined by the number of licenses purchased by the Licensee. Saving any provi
sion to the contrary in this Agreement, and confirmed in writing by TVPaint Dvelo
ppement, the Network Commercial License is for an unlimited duration.
1.11.3Single-User Education License: If the License identification specifies that t
he type of License is a Single-User Education License, the Licensee is authorised
to install the software on several computers but only to use the software on a s
ingle computer at a time on condition that (i) the different copies of the Softw
are under license are only accessible to the same person, if the Licensee is a S
tudent or by Students and learners at the educational institution, if the Licens
ee is that educational institution; (ii) the Licensee shall only have access to
additional copies to continue training outside the educational establishment. Th
e use of a Single-User Education License for commercial purposes is strictly for
bidden and will terminate this License Agreement, unless the Licensee has purcha
sed the License as a student and uses the License for strictly personal work. Sa
ving any provision to the contrary in this Agreement, and confirmed in writing b
y TVPaint Dveloppement, the Single-User Education Licenseis for an unlimited durat
ion.
1.11.4Network Education License: If the License identification specifies that the t
the license to another machine, unless stated in writing to the contrary by TVPa
int Dveloppement. Saving written authorisation from TVPaint Dveloppement, any brea
kdown, failure or theft of the Licensees computer does not lead to the granting o
f a new license for a different machine or the reimbursement thereof.
If using a network version, the Licensee may only use the Software on a maximum
number of computers equal to the number of floating licenses purchased.
2.4. Effect of upgrades: If TVPaint Dveloppement or a Reseller provides the Licen
see with an Upgrade of the software already granted to the Licensee, the softwar
e already granted to the Licensee will thereafter be referred to as an Earlier V
ersion.
Rights in relation to any Earlier Version will be terminated after the installat
ion of the Upgrade. The Licensee will stop using any Earlier Version and will un
install all copies of the Earlier Version. At the request of TVPaint Dveloppement
, the Licensee agrees to destroy or return to TVPaint Dveloppement or the Reselle
r from which they were purchased, all copies of the Earlier Version.
TVPaint Dveloppement reserves the right to ask the Licensee to produce reasonable
evidence that all copies of an Earlier Version have indeed been uninstalled and
where TVPaint Dveloppement has so requested, they have been destroyed or returne
d to TVPaint Dveloppement or the Reseller from which they were purchased.
2.5. If TVPaint Dveloppement provides or makes available to the Licensee addition
al resources associated with the Software, such as corrections, patches, specifi
c services, temporary modifications, updates or upgrades or User Documentation,
(a) these additional resources may include or be governed by other provisions th
at are additional to or different from those set out in this Agreement (includin
g, in particular, fees, license conditions or additional or different limitation
s on use), which the Licensee undertakes to respect, or (b) if these additional
resources are not governed by other provisions, they will be governed by the sam
e provisions as those of the License (including, in particular, the licenses and
the License Type).
2.6. The Licensee is authorised to make a single archival copy of the Software i
n machine-readable form, solely for backup purposes. The Licensee must reproduce
on this copy all copyright notices and other legal ownership notices that are f
ound on the original version of the Software.
2.7. The Licensee authorises TVPaint Dveloppement to check its use of the Softwar
e to ensure respect of the terms of this agreement. This check may be carried ou
t at any time, on the condition that reasonable advance notice has been given. I
f this check establishes that use of the Software does not totally comply with t
he terms of this agreement, the Licensee shall reimburse TVPaint Dveloppement for
the full amount of the costs incurred for this check, to a reasonable amount, a
nd face any proceedings that TVPaint Dveloppement may bring against the Licensee
as a consequence of this non-compliance.
2.8. Obligatory activation of the product. The license rights granted by this EU
LA are limited to a period of fourteen (14) days from the first installation of
the Software if the Licensee does not provide the information required to activa
te its copy under license in accordance with the procedure described at the time
of installation of the Software. Activation of the Software may require the use
of an Internet connection or telephone; expenses may consequently apply. This S
oftware includes technologies designed to prevent any illegal or unlicensed use.
The Licensee authorises TVPaint Dveloppement to use these technologies and under
takes to adhere to the conditions related to these technologies. If the Licensee
modifies its hardware configuration, the Software may have to be re-activated.
Once the recommended activation period has expired, the rights of use of the Sof
tware will be limited until the Software is activated.
The Software must be updated from time to time and it will be necessary to downl
oad these updates via the TVPaint Dveloppement internet site. Information on the
activation of the license may then be transferred, such as the lock code and unl
ock code.
If the software is not correctly activated and registered, the Softwares function
ality may be affected. For example, it may be necessary to reinstall the Softwar
e and make a new request for the activation codes.
Furthermore, you can only obtain Software updates from TVPaint Dveloppement; Rese
llers and other entities are not authorised to provide them.
2.9 Effect of activation codes: The Licensee acknowledges and agrees that receip
t of an activation code (provided to the Licensee in error or otherwise) does no
t constitute evidence and will not affect the scope of any license rights. The L
icensee shall only enjoy the rights set out in this Agreement and the applicable
license identification.
3. License limitations and prohibition
3.1 In cases others than those set out in Section 2, the making or distributing
of copies of the Software or electronically transferring the Software over a net
work or from one computer to another is prohibited.
3.2. The Licensee is not authorised to alter, merge, modify, adapt or translate
the Software, or decompile, reverse engineer, disassemble or otherwise reduce th
e Software to a comprehensible form. This limitation does not apply to decompila
tion for the purposes of interoperability set out in Article L 122-6-1 of the Fr
ench Intellectual Property Code.
3.3. In cases other than those set out in this Agreement, the Licensee is not au
thorised to distribute, rent out, loan, lease, sell, sub-license, transfer or pr
ovide in any other fashion all or any of the components of the Software to any n
atural or legal person, saving express provisions to the contrary within this Ag
reement or express written authorisation from TVPaint Dveloppement.
3.4. The Licensee is not authorised to install, access or allow installation or
access to the software over the internet or on another non-local network, includ
ing, in particular, its use as part of a wide area network (WAN), a virtual priv
ate network (VPN), virtualisation, Web hosting, in time sharing, as part of an o
ffice service, software as a service, a dematerialisation service or technology
or other.
3.5. The Licensee shall not carry out and shall not allow or aid third parties t
o carry out prohibited uses or activities. Any unauthorised use and any installa
tion of the Software outside the scope of the applicable license (including, in
particular, outside the License Type) or in a manner that is not in accordance w
ith this Agreement, shall constitute or amount to a violation of the intellectua
l property rights of TVPaint Dveloppement, as well as a breach of this Agreement.
The Licensee shall immediately inform TVPaint Dveloppement of any unauthorised u
se or other installation or unauthorised access.
3.6. The Licensee is prohibited from (i) using any equipment, device, software o
r other means to (or designed to) circumvent or remove any form of technical pro
tection used by TVPaint Dveloppement for Software usage. The Licensee may not use
any equipment, device, software or other means to (or designed to) circumvent o
r remove any restrictions on use, or to activate any functionalities of the Soft
ware deactivated by TVPaint Dveloppement.
3.7. In cases other than those set out in this Agreement, the Licensee is not au
thorised to modify the Software or to create any derivative works of the Softwar
e, or to remove, modify or hide any mention, label or mark of TVPaint ownership.
TVPAINT DEVELOPPEMENT AND ITS SUPPLIERS DECLINE ANY LIABILITY TOWARDS THE LICENS
EE OR THIRD PARTIES IN THE EVENT OF INDIRECT, SPECIAL, ACCIDENTAL, DISSUASIVE, C
OVER OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGE DUE TO INABILI
TY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF USE, LOSS OF PROFIT, INTERRUPTION OF
BUSINESS, ETC) LINKED TO THE USE OR INABILITY TO USE THE SOFTWARE. THIS LIMITAT
ION OF LIABILITY IS BASED ON ALL THEORIES OF LIABILITY, INCLUDING BREACH OF CONT
RACT, BREACH OF WARRANTY, MISCONDUCT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY O
R OTHER, EVEN IF TVPAINT DEVELOPPEMENT OR ITS REPRESENTATIVES HAVE BEEN WARNED O
F THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY LIMITED REMEDY SPECIFIED HERE I
S FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
9. Basis of offer
The limited warranty and limitation of liability, exclusive remedies and limited
liability referred to above constitute the basic grounds on which the agreement
between TVPaint Dveloppement and the Licensee is based. TVPaint Dveloppement woul
d not be in a position to provide the Software on an economic basis without such
limitations. The limited warranty and limitation of liability, the exclusive re
medies and limited liability have no consequences in terms of TVPaint Dveloppemen
ts licensors advantages.
10.Language of the Agreement
The French version of this Agreement has contractual value. It shall prevail in
the event of inconsistencies or contradictions between the French version and an
y translations.
11. Interpretation
Any ambiguities contained in this Agreement may not be interpreted to the detrim
ent of the party that drew up the Agreement.
12. End users solely consumers
The warranty and liability limitations and exclusions set out in this EULA do no
t affect statutory rights of consumers, namely persons who purchase the goods no
t as part of any professional activity.
The warranty, remedy and liability limitations and exclusions set out in this EU
LA are only applicable to the Licensee to the extent that these limitations or e
xclusions are authorised by the laws of the jurisdiction of your place of reside
nce.
13. General provisions
This EULA is governed by the domestic laws of France, without giving effect to i
ts principles of conflict of laws. The Licensee hereby accepts the exclusive aut
hority of the jurisdiction and courts of France. The Metz courts alone will be c
ompetent in the event of legal proceedings in relation to this EULA. In any case
, this EULA will be interpreted and applied independently of the United Nations
Convention on Contracts for the International Sale of Goods.
No reseller, agent or employee of TVPaint Dveloppement is authorised to make any
amendments to anything set out in this EULA.
If one of the parts of this EULA is deemed contrary to law by a court of compete
nt jurisdiction, this part would be applied to the extent possible and the other