ScreenFX Plugin Terms of Service and Licensing Agreement
This ScreenFX Plugin Licensing Agreement (the "Agreement") is entered into upon purchase ("Effective Date") between Compositing Academy (9480-8896 Quebec Inc) ("Licensor") and the individual or entity completing the purchase ("Licensee"). By purchasing or using the ScreenFX plugin for Nuke ("Software"), Licensee agrees to be bound by the terms of this Agreement.
1. License Types
1.1 Individual License
Scope: Permits use of the Software by a single individual on one workstation.
Eligibility: Limited to individuals earning under $150,000 USD annually.
1.2 Small Team License
Scope: Permits use of the Software by a team of up to five users within the same organization and physical location.
Eligibility: This license is not transferable across organizations or locations.
1.3 Small VFX Studio License
Scope: Permits use of the Software by a single studio earning less than $1,000,000 USD annually. The license covers up to 15 workstations in one physical location.
Eligibility: Freelancers and contractors are allowed to use the Software only within the purchasing entity's facilities.
1.4 VFX Studio License
Scope: Permits use of the Software by a single entity at one physical location, with unlimited users and workstations.
Eligibility: This license does not extend to multi-site studios or multiple legal entities.
1.5 Multi-Site License
Scope: Permits use of the Software across multiple physical locations owned by the same entity.
Eligibility: This license is non-transferable and limited to the purchasing organization.
2. General License Terms
2.1 License Grant
Licensor grants Licensee a royalty-free, non-exclusive, non-transferable license to use the Software under the conditions outlined in the selected license type.
2.2 Restrictions
- Redistribution, sublicensing, or resale of the Software is prohibited.
- The Software may not be used to develop competing plugins or software.
- Use of the Software by third parties outside the purchasing entity is strictly prohibited unless explicitly permitted in the license type.
3. Disclaimer and Limitation of Liability
3.1 As-Is Sale
The Software is provided "AS IS" without any warranties or guarantees, express or implied. This includes, but is not limited to:
- Compatibility with the Licensee's hardware or software.
- Freedom from bugs, crashes, or errors.
3.2 No Ongoing Support
Licensor is not obligated to provide future updates, patches, or technical support.
3.3 Limitation of Liability
In no event shall Licensor be liable for:
- Indirect, incidental, or consequential damages arising from the use of the Software.
- Loss of data, delays, or disruptions caused by the Software.
4. Payment and Refund Policy
- Licenses are activated upon full receipt of payment.
- Refunds are issued solely at Licensor’s discretion and are not guaranteed.
- In the event of a chargeback or payment reversal, the granted license is immediately revoked, and continued use of the Software constitutes a breach of this Agreement.
5. Termination
This Agreement and the license granted herein will terminate automatically if:
- Licensee breaches any terms of this Agreement.
- Licensee ceases to pay for the Software or requests a refund.
Upon termination, Licensee must immediately cease all use of the Software and delete all copies.
6. Governing Law
This Agreement shall be governed by and construed under the laws of Quebec, without regard to its conflict of law principles. Any disputes arising from this Agreement shall be resolved exclusively in the courts of Quebec.
7. Miscellaneous
7.1 Prohibition on AI Training
The Software may not be used to train artificial intelligence systems, algorithms, or machine learning models.
7.2 Ownership
Licensor retains all rights, title, and interest in and to the Software. Licensee receives no ownership rights beyond the license grant.
7.3 Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
7.4 Modifications
No modifications or amendments to this Agreement will be binding unless in writing and signed by Licensor.
7.5 Force Majeure
Licensor shall not be held liable for any failure or delay caused by circumstances beyond its reasonable control, including but not limited to natural disasters, internet outages, or government actions.
8. License Summary Table
License Type | Workstations | Annual Revenue Limit | Physical Location Restriction | Multi-Site Allowed |
---|---|---|---|---|
Individual | 1 | $150,000 | Yes | No |
Small Team | 5 | None | Yes | No |
Small VFX Studio | 15 | $1,000,000 | Yes | No |
VFX Studio | Unlimited | None | Yes | No |
Multi-Site | Unlimited | None | No | Yes |