GENERAL TERMS AND CONDITIONS
for RizomUV as Software, in all its variations (RizomUV Virtual Spaces, RizomUV Real Space, and RizomUV C++ Library), and their associated licenses.
Last Update: December 29th, 2022
This Agreement terminates and replaces any previous Agreement between You and Rizom-Lab concerning the installation and the Use of RizomUV (the Software in all its variations).
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE ORDERING OR DOWNLOADING OR INSTALLING, OR USING THE SOFTWARE (RIZOMUV IN ALL ITS VARIATIONS) AND ITS ASSOCIATED LICENSES (RIZOMUV VIRTUAL SPACES LICENSE, RIZOMUV REAL SPACE LICENSE, OR RIZONUV C++ LIBRARY LICENSE).
DOWNLOADING OR USING THE SOFTWARE MEANS YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
IF YOU ARE A CONSUMER OR A NON-PROFESSIONAL, YOU UNDERSTAND AND AGREE THAT BY TYING UP ANY RIZOM-LAB HOST ID TO YOUR LICENSE, YOU ARE HEREBY LOSING YOUR WITHDRAWAL RIGHT.
This Agreement is effective as You accept the Agreement as part of Rizom-Lab’s online licensing process.
The terms used in this Agreement shall have the meaning ascribed to them in this Section 1 or elsewhere in this Agreement.
“Agreement” means the Rizom-Lab General Terms and Conditions and the Specific Terms and Conditions attached as Schedule 1 hereto.
“Commercial Terms” means the Fees payable by You as set out on the Rizom-Lab Website, quotes, invoices, and price list, as the case might be, for Your Use of the Software.
“Commercial Use” means the Use of the Software for direct or indirect income-generating purposes.
“Consumer” means an individual person acquiring the Software for purposes that are outside of that individual’s trade, business, craft, or profession, and that such individual is not making any Commercial Use of the Software.
“Fee” shall mean any fee, cost, and expense as set out in the Commercial Terms that are payable for Your Use of the Software.
“Intellectual Property Rights” means any current and future intellectual property rights, including copyrights, trademarks, trade names, business names, domain names, design rights, inventions, confidential information, trade secrets and know-how, including commercial know-how, patents, utility models, database rights, and all similar or analogous proprietary rights of whatever nature and in each case in any parts of the world and whether or not registered or registrable including, in relation to the above, all granted registrations and all applications for registration and any renewals, reversions, and extensions.
“Legal Entity” means any company, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, proprietorship, joint venture, or other forms of business organization, and includes, without limitation, any government, not-for-profit, educational or academic institution, including but not limited to any primary or secondary school, vocational school, college or university. The License subscribed by a Legal Entity in consideration of its Revenue shall only serve the purpose of this Legal Entity and may not be extended to its subsidiaries or affiliated companies without Rizom-Lab’s prior written consent.
“License” shall mean the limited right to Use the Software as further detailed in these General Terms and Conditions and in the applicable Specific Terms and Conditions.
Please find below the definition of available licenses:
“Evaluation License” means a License granted for a limited duration, generally of thirty (30) days unless agreed expressly otherwise by Rizom-Lab, to enable the User to evaluate the Software in connection with the User’s internal business purposes to determine whether to purchase the non-evaluation version of the Software. Commercial Use, publishing, or redistribution of the Licensee Content is strictly forbidden under an Evaluation License.
“Indie License” means a License to Use the Software granted to either (i) an individual, being or not a Professional User, or a commercial Legal entity, with Revenue not exceeding €100,000 during the prior fiscal year or (ii) a non-profit Legal Entity. Government entities may not subscribe to Indie Licenses.
“Pro License” means a License to the Software granted to (i) a Professional User or (ii) a commercial Legal Entity other than an educational or academic Legal Entity, with an annual Revenue above €100,000 or (iii) a government Legal Entity.
“Student License” means a License to the Software granted to a (i) User who must be a student enrolled with an accredited educational institution, (ii) and not an educational, academic, non-profit, or government Legal Entity. A Student license should be used exclusively for learning and cannot be used for any Commercial Use. As such, the Student License can be used to create a portfolio or any work created by the user during his studies or for contests. A piece of evidence by his/her Student ID shall be communicated to Rizom-Lab when the request for a Student License is made.
“Academic License” means a License to Use the Software granted to an educational or academic Legal Entity. Academic Licenses are intended for academic and educational Use, and shall not serve any Commercial Use.
“Virtual Spaces License” means a Standalone License to use the Software in its Virtual Spaces variation.
“Real Space License” means a Standalone License to use the Software in its Real Space variation.
“C++ Library License” means a License to use the Software as an embedding software in a home-home and exclusive internal solution.
“Nodelocked License” means a license for the Software which may be attached to one or two computers using its Rizom-Lab Host ID of the computers, but concurrent use on both computers is not permitted.
“Floating License” means a License allowing to share the Use of the Software between several individual Users of a Legal Entity. Users of the Floating License can Use the Software simultaneously on any number of computers provided that as many Tokens as the number of computers using the Software simultaneously has been purchased.
“Licensee Content” means 3D models, images, or other content You developed from Your Use of the Software.
“Professional User” means a User making any Commercial Use of the Software provided that such User may be subscribing to an Indie License or a Pro License.
“Revenue” means annual gross revenue, both operating and non-operating, or raised and/or granted funds, as accounted by the Legal Entity during the prior fiscal year (including turnover and subsidies). Revenue is defined in EUROS or an equivalent amount in another currency.
“Rizom-Lab” means a French simplified stock company with its registered office at 7 rue Adolphe Thiers 13001 Marseille, France, which is the developer and sole owner of the Software, subject to the third party’s rights into the Software.
“Rizom-Lab Account” means the personal subscription account of a Rizom-Lab User, to be granted a perpetual license or a time-limited term License on the Software as defined below, renewable by subscribing a number of subscription months.
“Rizom-Lab Host ID” refers to a string of text which uniquely identifies Your computer to Rizom-Lab.
“Software” means the Rizom-Lab proprietary software product, licensed to You under the Specific Terms and Conditions that You and Rizom-Lab entered into. “Software” more specifically refers to RizomUV in all its variations, either (i) RizomUV Virtual Spaces, or (ii) RizomUV Real Space, or (iii) RizomUV C++ Library
“Standalone License” means a type of License that allows You the right to access RizomUV on a limited number of computers.
“Term” means the duration of the License granted to You under the Agreement as set out in Section 8 of the General Terms and Conditions.
“Token” means an access right to RizomUV.
“Use” means the loading, installation, and use of the Software in accordance with the terms of the Agreement.
“User” means an individual person who is authorized by Rizom-Lab to Use the Software.
“Website” or “Rizom-Lab website”: means the Website accessible at www.rizom-lab.com owned and operated by Rizom-Lab.
“You” means the User or the Legal Entity Using the Software as a Licensee.
“Your” means relating to You or made or done by You.
- GENERAL RESTRICTIONS APPLICABLE TO THE SOFTWARE
Concerning the Software and except as expressly permitted under the Agreement:
2.1 You shall not, and shall not assist, enable, permit, or otherwise allow any third party to translate, reverse engineer, decompile, disassemble, or create derivative works from the Software or provide the Software as “software as a service”.
2.2 You shall not, and shall not assist, enable, permit, or otherwise allow any third party to use, copy, modify or transfer the Software, or any copy in whole or in part, except in the course of loading or installing.
2.2 You shall not, and shall not assist, enable, permit, or otherwise allow any third party to provide, disclose, display or otherwise make available the Software or any copy, portion extract, or derivative thereof, or permit the use of any of the foregoing by or for the benefit of multiple users or any third party, including, without limitation, by uploading the Software and its Licenses to a network or file-sharing service time-sharing, or subscription service basis, on a hosting, cloud, service-bureau, or for carrying out any third party administrative, outsourcing, or other services, IF THE FOREGOING CONFLICTS WITH THE IMPERATIVE OF ITEM 3.2 OF THESE TERMS AND CONDITIONS HEREIN.
- USE OF THE SOFTWARE
3.1 Software License Terms
Subject to the terms and conditions of the Agreement, including the applicable Specific Terms and Conditions, and Your compliance therewith, including Your payment of all Fees payable, if any, Rizom-Lab grants You, for the Term of this Agreement, a limited, non-exclusive, personal, non-transferable to a user outside the Legal Entity acquiring the License, non-sublicensable, non-divisible, revocable License, solely to install and execute the executable form of the Software, solely for Your internal Use by a single User, for the purpose of developing Your Licensee Content. Rizom-Lab commits to deliver the License within three (3) working days once Your order payment is received. The Software shall be provided to You in object code. In no event shall the source code of the Software be made available to You. Rizom-Lab may display Your logo’s company on Rizom-Lab RizomUV users’ website unless You notify Rizom-Lab in writing not to do so.
3.2 One License per User
Each User of the Software must hold one (1) valid License of the Software.
3.3 Node-locked License
If Your License is Nodelocked, the License may be installed on two (2) different computers by the User, but You shall not be allowed to Use both copies simultaneously.
3.4 Floating License
If Your License is Floating, You may install such Software on as many computers as needed for Use by any authorized User provided that here is one (1) token per concurrent individual User. A floating license is a PRO license available from two (2) Tokens.
- INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE
All title, including but not limited to copyrights and all other intellectual property rights, which shall include, but not be limited to, all patents, patent applications, inventions (whether patentable or not), trade secrets, know-how, technical data, design, software (including source code, object code, and algorithms), trademarks, logos and any similar or equivalent rights to any of the foregoing rights (throughout the world), in and to the Software and any copies thereof are owned by Rizom-Lab or, if applicable, by its suppliers and partners. You acknowledge and agree that nothing in this Agreement shall be construed or interpreted as granting You any title or ownership in or to the intellectual property rights embodied in the Software. Rizom-Lab reserves all rights not expressly granted to You.
- FEES, TAXES, AND PAYMENT TERMS
Where applicable, You agree to pay all amounts due for the Software as set forth in the online store, quote, and/or Proforma invoice. All Fees payable under this Agreement are net amounts and are payable in full, without deduction for taxes or duties of any kind. You will be responsible for and will promptly pay, all taxes, including but not limited to, sales, use, and withholding taxes associated with this Agreement and/or Your receipt or Use of the Software, except for taxes based on Rizom-Lab’s net income if any. In the event that Rizom-Lab is required to collect any tax for which You are responsible, You will pay such tax directly to Rizom-Lab. If You pay any withholding taxes that are required to be paid under applicable law, You will promptly provide Rizom-Lab with written evidence from tax authorities of the payment of such taxes.
By downloading or using the Software, You accept the Payment Terms given in the online store, quote, or Proforma Invoice. If no Payment Terms are indicated, it is defined by default at NT0 – 0 Day net, i.e., payment on the order.
The Software does not collect user data.
If You have a query about the Software, You can consult this dedicated web page on Help Ressource: https://www.rizom-lab.com/learning/help-resources/ or You may contact the Rizom-Lab support team by email at the address provided on Rizom-Lab website.
- TERM AND TERMINATION
8.1 Right of withdrawal
As previously provided in the foreword of this Agreement, if You are a consumer or non-professional, You understand and agree that by downloading the Software immediately after accepting this Agreement and if You have tied a Rizom-Lab HostId to your license, You are hereby losing your withdrawal right.
8.2 Duration of the Agreement
This Agreement and the license granted hereunder are effective on the date You first order Licenses or download or use the Software and shall continue for as long as You own the Software unless this Agreement is terminated under this section.
Evaluation License shall be effective for a period of thirty (30) days from the date You downloaded the Evaluation Software unless otherwise agreed expressly between Rizom-Lab and You.
All subscription License durations are subject to the terms present in the Specific Terms and Conditions.
Rizom-Lab may revise the General Terms and Conditions and the Specific Terms and Conditions) at any time for legal, best practice, or any other reason. Rizom-Lab will not use this right to make substantial changes to the Terms to Your detriment without allowing You to agree. If You do not agree to the changes made to the Terms, You may terminate any License. You are expected to regularly check for revisions to the Terms as they are binding on You. Any subsequent Use by You of any Software after a change in the Terms shall imply that You accepted the revised Terms.
No tacit renewal is applied to date.
You can order the renewal of a license before it expires. This will only trigger the new subscription period at the end of the current one.
8.4 Termination of the Agreement
Rizom-Lab may terminate this Agreement at any time if You fail to comply with any term(s) hereof.
You may terminate this Agreement effective immediately upon written notice to Rizom-Lab. Upon termination of this Agreement, the license granted hereunder will terminate, and You must stop all use of the Software and uninstall all copies of it. All provisions in connection with the Intellectual Property Rights in the Software shall survive the termination of this Agreement.
Please note that no refund will be possible if you cancel the Agreement after paying the License Fees and if Your License is tied up to at least one HostId. If you cancel the Agreement after paying the License Fees, and if Your License is not tied up to any HostId, no refund will be made 8 days after the license’s creation date.
- DISCLAIMER OF WARRANTY
THIS SOFTWARE, ALL ACCOMPANYING FILES, DATA, AND MATERIALS ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE LICENSEE SHALL ASSUME ALL RISKS OF INSTALLING OR USING THE SOFTWARE. RIZOM-LAB AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE, INCLUDING USE OR COMBINATION OF THE SOFTWARE WITH THIRD-PARTY APPLICATIONS. RIZOM-LAB FURTHER DOES NOT WARRANT THAT THE SOFTWARE WILL ALWAYS FUNCTION UNINTERRUPTED OR ERROR-FREE. SUPPOSE YOU ARE LICENSING FROM A THIRD-PARTY PROVIDER. IN THAT CASE, RIZOM-LAB SHALL HAVE NO LIABILITY WHATSOEVER TOWARDS YOU, INCLUDING WITHOUT LIMITATION LIABILITY FOR INFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE THIRD-PARTY PROVIDER, IRRESPECTIVE OF THE FACT THAT PAYMENTS HAVE BEEN MADE TO RIZOM-LAB. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RIZOM-LAB OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL RIZOM-LAB BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION) OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, STRICT LIABILITY OR OTHERWISE. THE AFOREMENTIONED LIMITATIONS APPLY EVEN IF RIZOM-LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIZOM-LAB SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SOFTWARE OR ANY PART THEREOF (INCLUDING SUCH CONTENT GENERATED BY THE LICENSEE AND EXAMPLE/DEFAULT CONTENT PROVIDED IN THE SOFTWARE AND PRODUCED BY A THIRD PARTY), INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
“Confidential Information” shall mean the Software and all other information disclosed to You that Rizom-Lab characterizes as confidential at the time of its disclosure either in writing or orally, except for information which You can demonstrate: (a) is previously rightfully known to You without restriction on disclosure; (b) is or becomes, from no act or failure to act on Your part, generally known in the relevant industry or public domain; (c) is disclosed to You by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by You without access to the Confidential Information. You shall use Your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this Agreement, provided, however, that any source code You receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation, or another third party without the prior written consent of Rizom-Lab. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Rizom-Lab in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement and will cooperate with Rizom-Lab in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. Suppose You are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure. In that case, You will (i) immediately notify Rizom-Lab prior to such disclosure to allow Rizom-Lab an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Rizom-Lab in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. If such protection is not obtained, You shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
- GOVERNING LAW AND JURISDICTION
This Agreement is governed by and is to be construed in accordance with French law, and the parties agree to submit to the exclusive jurisdiction of the French courts.
13.1 You understand and agree that monetary damages alone might not be an adequate remedy and as such Rizom-Lab shall have the right to seek injunctive relief in any court of competent jurisdiction.
13.2 You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Rizom-Lab’s prior written consent, and any attempt by You to do so without such consent will be void.
13.3 Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
13.4 All notices required or permitted under this Agreement shall be in writing. All notices to You might be either in the form of an electronic mail or by registered mail with acknowledgment of receipt. All notices to Rizom-Lab shall be sent by registered mail with acknowledgment of receipt to Rizom-Lab’s registered office or otherwise to the address set forth in the applicable ordering document or invoice or to such other address as may be specified by Rizom-Lab.
13.5 Each party may enforce its respective rights under the Agreement even if it has waived the right or failed to enforce the same or other rights in the past. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties.
13.6 If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
13.7 This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter and supersedes all proposals, understandings, or communications between the parties, oral or written, regarding its subject matter, unless You and Rizom-Lab have executed a separate agreement governing Your Use of the Software.
13.8 Translations. The English language version of this Agreement is legally binding in case of any conflict between the English version and any translations.
13.9 Any terms or conditions contained in Your purchase order or other ordering documents that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Rizom-Lab and will be deemed null.
- EXCEPTIONS FOR CONSUMER USERS
14.1 If You are a Consumer and You acquire the Software for your direct individual Use and do not make any direct or indirect Commercial Use of the Software, then be advised that certain Sections of these General Terms and Conditions shall not be applicable to You i.e., Section 9 (Disclaimer of warranty), Section 10 (Limitation of liability), Section 12 (Jurisdiction), Section 13.8 (Translations).
14.2 Right of Withdrawal. You hereby understand and agree that by downloading the Software, You have lost Your withdrawal right under applicable law, provided that the right of withdrawal available to Consumers may be exercised by You within 14 days from the date of conclusion of the contract.
14.3 Mediation. If a dispute arises between You and Rizom-Lab, please be aware that as a Consumer, You have a right to seek recourse with a mediator, free of charge, in order to reach a settlement agreement with Rizom-Lab. For Your information, Rizom-Lab’s designated mediator is the ” Fédération du e-commerce et de la Vente à distance ” (FEVAD) and the e-commerce mediation service (60, rue la Boétie – 75008 Paris, France, email@example.com).
14.4 Rizom-Lab is a French simplified stock company with a share capital of 3 000 euros, whose registered office is at 7 rue Adolphe Thiers 13001 Marseille, France, registered under number 818 266 942 with the Registry of Commerce and Companies of Marseille, with VAT registration number FR13818266942.
The contact email address is firstname.lastname@example.org.
RIZOM-LAB SPECIFIC TERMS and CONDITIONS
for RizomUV Virtual Spaces, RizomUV Real Space and RizomUV C++ Library
Last Update: December 29th, 2022
By renting a RizomUV License, You will be provided with the latest available releases of selected Rizom-Lab Software products, including (i) RizomUV Virtual Spaces, (ii) RizomUV Real Space, (iii) RizomUV C++ Library depending on Your License (hereinafter “RizomUV”).
Your Use of RizomUV is subject to (i) these RizomUV Specific Terms and Conditions and (ii) the General Terms and Conditions.
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR OTHERWISE USING RIZOMUV, YOU AGREE TO BE BOUND BY THESE SPECIFIC TERMS AND CONDITIONS.
- ADDITIONAL DEFINITIONS
“RizomUV – Indie License” means the Indie License granted hereunder for the Use of RizomUV Virtual Spaces software or RizomUV Real Space software.
“RizomUV – Pro License” means the Pro License granted hereunder for the Use of RizomUV Virtual Spaces software or RizomUV Real Space software.
“RizomUV – Student License” means the Student License granted hereunder for the Use of RizomUV Virtual Spaces software or RizomUV Real Space software.
“RizomUV – Academic License” means the Academic License granted hereunder for the Use of RizomUV Virtual Spaces software or RizomUV Real Space software.
“RizomUV License” means either (i) RizomUV – Indie License, (ii) RizomUV – Pro License, (iii) RizomUV – Student License, (iv) RizomUV – Academic License, or (v) RizomUV – Evaluation License.
“RizomUV License Validity Period” means the period of time in which You are granted to use the Software. The end of the period is called the expiration date.
- SPECIFIC TERMS AND CONDITIONS
DEPENDING ON THE TYPE OF LICENSE GRANTED TO YOU, DIFFERENT RIGHTS AND RESTRICTIONS WILL APPLY. PLEASE READ THE FOLLOWING SECTION CAREFULLY.
A. COMMERCIAL TERMS FOR RIZOMUV LICENSE
RizomUV License is only granted to You in a defined period, which can be created or extended by ordering some subscription months. Each time You order a specific quantity of subscription months, the expiration date of Your license will be moved forward in time according to the ordered quantity of subscription months.
As long as the RizomUV License Validity Period expires in the future, You have access to the latest available releases of Software.
You can order the renewal of a license before it expires. This will only trigger the new subscription period at the end of the current one.
The day after the RizomUV License Validity Period, Rizom-Lab shall disable all Software in Your possession. Further, You shall promptly delete and destroy all copies of the Software in Your possession or control.
Your Rizom-Lab Account is personal to You and is non-transferable. Only one individual may be associated with each Rizom-Lab Account.
B. RIGHTS and USE RESTRICTIONS ON SOFTWARE AND APPLICABLE FEES
a. Restriction for Legal Entity Using RizomUV – Indie License
If You are accepting these Specific Terms and Conditions on behalf of a Legal Entity for the Use of the Software with a RizomUV – Indie License, You represent and warrant to Rizom-Lab that You are a Legal Entity with a annual Revenue or an annual budget not exceeding EUROS 100,000 and as such You are entitled to Use an Indie License (as this term is defined in the General Terms and Conditions).
b. Restriction and option for all Users of RizomUV – Indie License
If You are an authorized User under a RizomUV – Indie License, You may start a project using only a RizomUV – Indie License and subsequently, upgrade Your RizomUV – Indie License to a RizomUV – Pro license by contacting Rizom-Lab.
Option to acquire a perpetual License for RizomUV – Indie Licensees:
Should You wish to stop renting Your RizomUV – Indie License, You may be granted the right, at Your option, to a perpetual license of any version build number of the Software in force as of the day of Your RizomUV non-renewal or termination, without further maintenance, for the entire legal duration of the applicable copyright laws on any Software included in RizomUV.
PLEASE NOTE that the above option can only be exercised upon the following condition:
– Prior continuous subscription of twelve (12) months to RizomUV – Indie.
This option is not available for RizomUV – Pro Licensees.
c. Restriction for Legal Entity Using RizomUV – Pro License
If You are a Legal Entity with an annual Revenue or an annual budget exceeding EUROS 100,000, Rizom-Lab is unwilling to grant You a RizomUV – Indie License to You, and You must destroy all copies of the RizomUV – Indie License in Your possession or control, and You must purchase a RizomUV – Pro License separately.
d. Restriction for Legal Entity Using RizomUV – C++ Library License
RizomUV – C++ Library shall have an exclusive internal Use, and the Licensee Content shall be produced and developed exclusively from Your Use of the Software. You are not allowed to transfer or sell the Software to any Third Party for any purpose. Whilst You are not allowed under the License to redistribute the Software, You are authorized to redistribute Your Licensee Content.
- ONE USER PER LICENSE
Each User of Software, whether a Legal Entity or an individual person, must hold one (1) valid License of the Software, either Indie, Pro, Student, Academic, or Evaluation RizomUV License.
- LIMITED NUMBER OF RIZOM-LAB HOST ID CHANGES
A. NODE-LOCKED LICENSE CASE
The number of HostID moves is limited to 5 per license. The change can be made directly from Your Rizom-Lab license account page. If You need to extend this number, You can contact our support at email@example.com
B. FLOATING LICENSE CASE
If You need to change the HostId of Your floating license, You need to contact our support at firstname.lastname@example.org
- ONE STUDENT LICENSE PER STUDENT
If You are a student, You are not allowed to order and use more than one (1) RizomUV Student License. RizomUV Student licenses are personal, and You are not allowed to transfer Your RizomUV Student license to another user.