The term “you” means the company, entity or individual who is acquiring a licence to use the materials under this Agreement.
Please ensure you read and understand the terms and conditions of this Agreement carefully before selecting “Yes” when asked to accept them by the installer program. By selecting “Yes” or by continuing to use the Software you are consenting to be bound by all of the terms herein.
If you are not willing to be bound by the terms and conditions set out in this Agreement select “No” when asked to accept them by the installer. This will cancel the loading of the software.
This licence governs the use of Lightworks Iray+ SDK (hereinafter known as “the Software”) from LIGHTWORK DESIGN LIMITED located at Barracks House, Hillsborough Barracks, Sheffield, S6 2LR, United Kingdom (hereinafter known as “Lightworks”) for the express purpose of you evaluating the Software for future commercial use or for educational purposes. You may not use it for competitive analysis, commercial, professional or for-profit purposes.
The purpose of this licence is to permit evaluation of the Software for potential future commercial use by you or for educational usage as defined in clause 3 below. Your use of the Software shall be for a period of thirty (30) days from the date of installation of the Software, and the licence granted by this Agreement shall expire after such period unless terminated by Lightworks in accordance with Clause 6 or extended by Lightworks by providing you with a new licence key.
Lightworks grants to you on the following terms a non-exclusive and non-transferable licence to install the Software on a single use/single node machine:
a. You shall not copy the Software as delivered other than in the case of malfunction of the designated machine.
b. You may create executable programs including the Software and make copies of such programs solely for the purposes of evaluation of the Software. Copies of executable programs including the Software must be deleted after use.
c. Copying of the Software other than as defined in Clauses 2.a and 2.b herein is a breach of this Agreement.
d. You shall not provide, disclose or otherwise make available the Software in any form to any person without the prior written consent of Lightworks. You will not attempt to “reverse compile”, decompile, or otherwise derive the source code for the Software. Any such attempt is a breach of this Agreement entitling Lightworks to legal remedies, including injunctive relief.
e. You shall not modify, translate, adapt, arrange or create derivative works based on the Software or documentation for any purpose.
You must be enrolled or employed by an academic institution using the Software for educational purposes. If you do not meet this qualification you have no rights to use the Software under this Agreement. Non-educational research conducted using the facilities of an academic institution or under an academic name does not qualify and represents a violation of the terms of this Agreement.
Lightworks will employ reasonable endeavours to maintain the Software in good operating condition during the period of this licence and will respond to your requests for technical assistance received by electronic mail ( email@example.com ).
The standard evaluation and support fee shall be waived in this Agreement
At the end of the term of this Agreement, or when you discontinue use of the Software if earlier, you will destroy the Software together with any documentation.
a. All copies of the Software are the confidential and proprietary property of Lightworks and title to them remains in Lightworks. This Agreement and your use of the Software shall not be deemed to transfer any of the rights in patents copyrights and trade secrets in the Software from Lightworks to you. No title to or ownership of the Software is transferred to you.
b. Lightworks shall have the right to terminate any of your licences and rights granted by this Agreement if you fail to comply with the terms and conditions of this Agreement. Upon notice, you agree to immediately return or destroy the Software and any documentation.
c. Lightworks may provide you with certain software which is specifically labelled as being provided by third parties. Lightworks makes no claim to ownership of such materials.
d. You shall have no right to duplicate manuals, or to use them, except in conjunction with its use of the Software; unauthorised use or copying of the manuals is a breach of this Agreement entitling Lightworks to legal and injunctive relief.
e. Your obligations contained in this Clause shall survive any termination of this Agreement.
Lightworks makes no warranties, expressed or implied, by operation of law or otherwise, of any item or service furnished in connection with this Agreement. Lightworks expressly disclaims all implied warranties of merchantability or fitness for particular purpose. No representation or other statement, including statements of capacity, suitability for use or performance of the Software, whether made by the employees of Lightworks or others will be considered a warranty by Lightworks for any purpose or give rise to any liability of Lightworks.
Neither party shall be liable to the other for incidental, consequential, special or exemplary damages resulting from the use of the Software or caused by any defect, failure, or malfunction whether the claim for such damages is based upon warranty, contract, tort, negligence or otherwise.
You may not assign, sub-licence, or transfer the licence of the Software. Any attempt otherwise to sub-licence, assign or transfer any of the rights, duties of obligations under this Agreement is void.
This Agreement will be governed by English law.
You further agree that this is the complete and exclusive statement of the agreement between Lightworks and you which supersedes any proposal or prior agreement, oral or written, and any other communication between them relating to the subject matter of this Agreement.
You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions.