OTOY New Zealand Ltd. OctaneRender™ for Blender® Plugin COMMERCIAL SOFTWARE LICENSE AGREEMENT OTOY New Zealand Ltd. (the "Company") hereby grants to you a non-exclusive, non-transferable license to use the accompanying software product called OctaneRender™ for Blender® Plugin (the "Software") and any accompanying documentation (the "Documentation") and examples files or other materials (the "Examples"), for internal purposes only. YOU MAY: - Activate and use the Software on any single computer. - De-activate the license and re-activate the license on any another single computer with a one hour waiting period in between for unlimited times. - Use the software supplied on licensed workstations for your own purposes (non–exclusive license). YOU MAY NOT: - Use one Software license on more than one single computer at the same time, only using the de-activation/re-activation and 1 hour waiting time system explained above; - Make copies of the Software or Documentation or Examples; - Use the Software in a network or other multi-user arrangement or an electronic bulletin board system or other remote access arrangement; - Use more than 12 GPU’s. - Attempt to circumvent the physical GPU or single machine license limit, including obfuscating or impairment of the direct communication between Octane and the physical GPUs, virtualization, shimming, custom BIOS etc. - Rent, lease, sublicense or otherwise transfer the Software, Documentation or Examples; - Publish the Software, whether in original form or re-packaged or modified in any way, in any form, whether on physical media or via the internet. - Reverse engineer, decompile, disassemble, modify or create derivative works of the Software, Documentation or Examples. - Use the Software on a renderfarm or cloud rendering system of any kind where the use of the Software is not for private purposes, e.g., the Software cannot be made available for use to third parties by providing access to end-users to it on a commercial render-farm or cloud service. - Sell, rent, lease, sublicense, commercially distribute, charge for use of or access to the Software, or otherwise in any manner make money directly or indirectly from copies of the Software or any use of or access to copies of the Software. - Delete or modify any copyright, trademark or other proprietary notice contained in the Software or documentation. If you receive a copy of the Software electronically, and a second copy on media, the second copy may be used for archival purposes only. Use of the Software may require the use of embedded software, essentially third party products embedded in or included in the Software. Your use of the embedded software shall be governed by the terms of this license and the provisions concerning Software set out herein shall apply in the same manner to embedded software. Additional terms applicable to the embedded software are set for the below and can be found at the links provided below: * Alembic 1.5 - license: (http://opensource.org/licenses/BSD-3-Clause) Copyright (c) 2009-2013,Sony Pictures Imageworks, Inc. and Industrial Light & Magic, a division of Lucasfilm Entertainment Company Ltd. All rights reserved. This software is provided by the copyright holders and contributors "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the copyright owner or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. * Boost 1.53 - license: http://www.boost.org/users/license.html Copyright Joe Coder 2004 - 2006. // Distributed under the Boost Software License, Version 1.0 The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall the copyright holders or anyone distributing the software be liable for any damages or other liability, whether in contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software. * cURL 7.29 - license: http://curl.haxx.se/docs/copyright.html Copyright (c) 1996 - 2014, Daniel Stenberg, . All rights reserved The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software. * FreeImage 3.15 - license: http://freeimage.sourceforge.net/freeimage-license.txt The contents of this file are subject to the FreeImage Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://home.wxs.nl/~flvdberg/freeimage-license.txt Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. * FreeType 2.4.11 (Mac OS only) - license: http://git.savannah.gnu.org/cgit/freetype/freetype2.git/tree/docs/FTL.TXT Portions of this software are copyright 1996-2002, 2006 avid Turner, Robert Wilhelm, and Werner Lemberg All rights reserved. The freetype project is provided `as is' without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. In no event will any of the authors or copyright holders be liable for any damages caused by the use or the inability to use, of the freetype project. * GLEW 1.10 - license: http://glew.sourceforge.net/credits.html Copyright (C) 2002-2008, Milan Ikits Copyright (C) 2002-2008, Marcelo E. Magallon Copyright (C) 2002, Lev Povalahev All rights reserved. This software is provided by the copyright holders and contributors "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the copyright owner or contributors be Liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business Interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. * HDF5 - license: http://www.hdfgroup.org/ftp/HDF5/current/src/unpacked/COPYING * LuaJIT 5.1.4 - license: http://www.opensource.org/licenses/mit-license.php Copyright © 2005-2014 Mike Pall Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rightsto use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software. * OpenSSL 1.0.1e - license: http://www.openssl.org/source/license.html Copyright (c) 1998-2011 The OpenSSL Project. All rights reserved. This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)" This software is provided by the OpenSSL project ``as is'' and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the OpenSSL project or its contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. Copyright [yyyy] [name of copyright owner] * OpenSubDiv; license: http://graphics.pixar.com/opensubdiv/license.html Licensed under the Apache License, Version 2.0 (the "License");you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. This license does not grant you the right to receive updates or bug fixes for the Software, Documentation or Examples. COMPLIANCE WITH APPLICABLE LAWS, RULES AND REGULATIONS. You agree that your use of the Software will comply at all times with all applicable laws and with all applicable rules and regulations and terms and conditions of use imposed any person or entity controlling any network, computer or location where you use the Software. The Company makes no representation or warranty that the Software is capable of being used in compliance with such laws, rules, regulations, terms and conditions. Without limiting the generality of the foregoing, you may not at any time use the Software to facilitate the transmission of any obscene, illegal, abusive, hateful, embarrassing, threatening or harassing material or information, any gambling information, any advertisements or solicitations of business, any chain letters, pyramid schemes or the like or any material which is defamatory or violates or infringes any copyright, trademark, patent, trade secret, right of privacy or publicity or any other rights of any third party. Company shall have no liability or responsibility for any material transmitted to or by you or created by you or any other party using the Software or for any material contained in third party web sites to which you may link in connection with your use of the Software. You agrees to defend, indemnify and hold harmless Company, its parent, subsidiary and affiliated entities, their licensees, successors and assignees, and the officers, directors, shareholders, employees, agents and contractors of each of them from and against any and all claims, liabilities, damages, costs and expenses of every kind and nature (including reasonable attorneys’ fees) arising in connection with any breach or alleged breach by you of the terms of this Agreement. TERMINATION This license will terminate automatically if you fail to comply with the limitations described above, or upon immediate request of Company, at which time you must destroy, or return to the Company, all copies of the Software, Documentation and Examples. The Title, Warranty and Limitation of Liabilities as set forth below shall remain in effect in perpetuity. TITLE & COPYRIGHTS Title, ownership rights, and intellectual property rights in and to the Software, Documentation and Examples shall remain in the Company. This Software is protected by the copyright laws of the United States, the European Union, and other international copyright laws and treaties. OctaneRender™ and OctaneLive™ are registered trademarks of OTOY New Zealand Ltd. DISCLAIMER OF WARRANTIES; LIMITATION OF REMEDIES. Company does not warrant that the software will operate error-free or that the software or any related website or network access point are free of computer viruses or other harmful material. If your use of the software results in the need to service or replace equipment, software or data, company is not responsible for those costs. The software is provide on an “as-is” basis without any warranties of any kind. Company to the fullest extent permitted by law, disclaims all warranties, express and implied, including, without limitation, the implied warranty of merchantability, warranties of non-infringement and the warranty of fitness for a particular purpose. Company makes no warranty regarding the accuracy, reliability or completeness of the software or documentation. In no event shall company, its parent, subsidiary or affiliated entities, their licensees, successors or assignees, or the officers, directors, shareholders, employees, agents or contractors of any of them be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the software, whether based on warranty, contract, tort or any other legal theory, and whether or not company is advised of the possibility of such damages. Company has no obligation to correct errors in the software or to provide any form of support to you. The aggregate liability of company for any and all claims relating to the software shall be limited to furnishing a new copy of the software to you. CONTROLLING LAW AND SEVERABILITY This License shall be governed by and construed in accordance with the laws of New Zealand, as applied to agreements entered into and to be performed entirely within New Zealand between New Zealand residents. You agree that any action or proceeding brought by you in connection with the Software will be brought in such courts, and you hereby submit to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. PRIVACY OF PERSONAL INFORMATION Personal information is information about an identifiable individual, as defined by the Privacy Act 1993. Where OTOY has collected and stored your personal information it does so in accordance with the provisions of, and its obligations under, the Privacy Act. When you use OTOY New Zealand Limited’s (“OTOY”) products, Services, software and / or Website, OTOY collects information about you , like your name, postal address, e-mail address, age, industry, location, IP address, GPU’s, browser information, and other information to and including that related to your use of OTOY’s website, such as (a) Details of the user (including name, address, telephone and facsimile numbers and e-mail addresses); (b) Details of the user’s sales history (including product or service purchased price and date of purchase); (c) Details of the user’s forum posts; (d) Details of the user’s access to the Website and use of the Services. All personal information collected by OTOY is used for or in connection with its business. As a user of OTOY’s products, Services, software and / or Website, you acknowledge and agree that OTOY may hold, use and / or disclose the information it collects to send you important information relating to OTOY’s products, software and Services, including changes to our terms, conditions and policies, or for other administrative purposes, for business purposes, such as statistical and other data analysis, improving our products and services and identifying usage trends, providing our services to you, promotional and marketing purposes, internal research purposes, to protect OTOY’s legal rights, and for any other use that you authorise. OTOY may also use various technologies, including but not limited to Google Analytics, to collect and store information about your visits to OTOY’s website, and your use of its products and Services. Google Analytics is operated externally to, and independently of, OTOY. You can view Google’s privacy policy here http://www.google.co.nz/intl/en/policies/privacy/ OTOY will take all reasonable steps to ensure that any personal information OROT collects is secure, accurate and up to date, and that it is protected against loss, unauthorised access, use and modification, or misuse. However, although OTOY will take all reasonable steps to ensure the protection of your personal information, OTOY cannot 100% guarantee the security of your personal information. Please contact OTOY immediately if you believe your personal information is no longer secure. Where OTOY holds personal information relating to you, and that personal information is readily retrievable, you are entitled to obtain confirmation of whether OTOY holds that personal information, and to have access to, and to request correction of, that information. Any enquiries relating to your personal information, and any requests to access, correct, update or remove your information, or any complaint about a breach of your privacy, should be sent to OTOY at PO Box 34391, Birkenhead, Auckland 0746, New Zealand. Your personal information will be stored by OTOY on its databases, and may be stored and processed in the United States of America, or in other countries where OTOY has facilities. By using OTOY’s products, software and Services you consent to the transfer of information to countries outside of New Zealand, including the United States of America, which have different data protection rules than New Zealand. OTOY will retain your personal information for the period required by law and / or necessary to fulfil the purposes outlined in this privacy statement. If you advise OTOY that you do not want it to collect any or all of your personal information, then, depending on the nature of the information you do not authorise OTOY to collect, OTOY may not be able to allow you user access to forums, enable software updates which would otherwise be available to the individual user, or provide other similar benefits or services. This may also otherwise affect OTOY’s ability to provide you with its products and / or Services. THIRD PARTIES You acknowledge and agree that OTOY may provide all information collected to third parties for purposes including (a) administering, managing and monitoring the Website, products and Services (b) conducting market research, data processing and statistical analysis and reporting (c) verification and training purposes (d) product improvements When OTOY discloses your personal information to third parties, it will take all reasonable steps, where possible, to require that the third party protect your information from any unauthorised use or disclosure. YOUR INFORMATION As a user of this software, you acknowledge and agree that OTOY may use any information it obtains relating to you (not being an “individual” for the purposes of the Privacy Act), including, without limitation, your name, postal address, email address, age, industry and location, IP address, browser information, company size, relevant systems data, and other information related to your use of OTOY’s Website products and Services, such as the content you access, the time and date of your visit, your use of products, in so far as that information is not “personal information” for the purposes of the Privacy Act. This information may be used by OTOY for administrative and business purposes including but not limited to statistical and other data analysis, and promotional and marketing purposes. COMPLETE AGREEMENT. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreement, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Company. Headings in this agreement are for convenience only and may not be used to construe or limit the meaning hereof. ************** END OF LICENSE AGREEMENT **************