End User License Agreement
for the "Select Every Other Layer" Adobe After Effects Extension
1. Introduction & Definitions
This End User License Agreement ("EULA") is a legal agreement between
you (the "User" or "Licensee") and Scott Black operating as "Scott Black
Visual Effects & Motion Graphics" (the "Developer" or "Licensor"). This
EULA governs the use of the software product "Select Every Other Layer"
(including all components, updates, and associated materials,
collectively the "Software"). By installing, activating, or using the
Software, you acknowledge that you have read and understood this EULA
and agree to be bound by its terms. If you do not agree to these terms,
do not install or use the Software.
Definitions: For purposes of this EULA, the following terms have the
meanings given below:
Software: The "Select Every Other Layer" extension for Adobe After
Effects, which includes a "CEP panel", a "Mini Panel" script, and an
optional bundled native "C++ plugin" enabling global keyboard
shortcuts. The Software may include third-party libraries (provided
with their own licenses for your review).
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License: The limited license rights granted to the User to install
and use the Software under the conditions of this EULA, as evidenced
by a valid license key obtained through "aescripts + aeplugins".
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User (Licensee): The individual or entity who has lawfully purchased
or obtained a license to use the Software and thereby agreed to this
EULA.
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Developer (Licensor): Scott Black (trading as Scott Black Visual
Effects & Motion Graphics), the sole author and owner of the
Software.
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"aescripts + aeplugins": The authorized online distributor of the
Software, through which license keys are sold and delivered for
activation.
Note: The Software does not intentionally collect personal user data. It
only connects to the internet as needed to validate the license key with
the "aescripts + aeplugins" licensing server. Third-party components
included in the Software are subject to their own licenses (provided
separately), which remain in full force and effect in addition to this
EULA.
2. Grant of License
Subject to the terms and conditions of this EULA and your purchase of a
valid license, the Developer hereby grants you a personal, limited,
non-exclusive, non-transferable, non-sublicensable License to install
and use the Software for your own use (whether personal or commercial
projects). This License permits you to use the Software as a
plugin/extension in Adobe After Effects on compatible systems, provided
that:
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Activation: You activate the Software with a genuine license key
obtained from "aescripts + aeplugins". The Software may require
internet access on first use (and periodically) to verify the
validity of your license key.
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Scope of Use: You may use the Software for lawful purposes in the
course of your personal or professional work. You may install the
Software on one or more of your devices, provided that you are the
primary user and only one user uses the licensed copy at a time (in
accordance with "aescripts + aeplugins" licensing terms).
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Backups: You may make a reasonable number of backup copies of the
Software installer or package for archival purposes, as long as such
copies are not provided to any third party and remain subject to
this EULA.
This grant of License is a license to use the Software, not a transfer
of ownership. All rights not expressly granted to you are reserved by
the Developer.
3. Restrictions on Use
You agree to use the Software only as permitted in this EULA. Any
violation of the following restrictions will constitute a breach of this
EULA and may result in termination of your License. You shall not:
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Reverse Engineer or Modify: Reverse engineer, decompile,
disassemble, or otherwise attempt to derive the source code or
underlying ideas or algorithms of the Software's binary components
(except to the limited extent that applicable law expressly permits
such activity notwithstanding this limitation). You also shall not
modify, adapt, or create derivative works based on the Software.
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Redistribute or Resell: Copy, distribute, publish, rent, lease,
lend, or otherwise transfer or make the Software (or any
activation/license keys) available to any other person or entity.
The Software is licensed solely for your use; you may not
sublicense, assign, or share your rights under this EULA without
prior written consent from the Developer.
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Circumvent Licensing: Bypass, disable, or circumvent any
technological measures or license enforcement mechanisms in the
Software. This includes prohibitions against using counterfeit or
unauthorized license keys, or otherwise using the Software without
proper activation through "aescripts + aeplugins".
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Remove Notices: Remove, alter, or obscure any proprietary notices
(including copyright, trademark, or attributions) contained within
the Software or its associated documentation.
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Unauthorized Use: Use the Software in any manner that violates any
applicable law or regulation, or use it for any purpose not intended
by the Developer. (For example, you must not use the Software to
infringe the rights of others or in a way that could harm software
security or stability beyond the Software's intended use in Adobe
After Effects.)
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No High-Risk Use:The Software is not designed for use in the
operation of nuclear facilities, life-support systems, aircraft
navigation or communication systems, or any other environment in
which the failure of the Software could lead to death, personal
injury, or severe physical or environmental damage.
4. Prohibition on External Interfacing
You shall not, without explicit prior written permission from the
Developer, manually, programmatically, or by any other means attempt to
interface, integrate, connect, or otherwise utilize external tools,
scripts, software, or services with any component of the Software,
including but not limited to the CEP panel, Mini Panel, or the C++
plugin and its associated shortcut management functionality.
You expressly agree not to use, permit, or facilitate third-party
applications, tools, scripts, or extensions to access, intercept, or
otherwise utilize the Software’s internal communications or
functionalities.
Any unauthorized attempts to interface external software or tools with
the Software constitute a material breach of this EULA, immediately
terminating your license and potentially subjecting you to liability for
damages.
5. Ownership and Intellectual Property Rights
All title, ownership rights, and intellectual property rights in and to
the Software (excluding third-party components) — including but not
limited to all original code, graphics, designs, algorithms, trade
secrets, and documentation — are and shall remain the sole property of
the Developer.
The Software may include or rely on third-party libraries or open-source
components that are licensed to the Developer under separate terms. All
intellectual property rights in such third-party components remain with
their respective owners, and nothing in this EULA shall be construed as
assigning or transferring ownership of those components to either you or
the Developer.
Purchasing a license or using the Software does not transfer any
ownership of the Software or its components to you. Rather, you are
granted a limited right to use the Software under the terms of this
EULA.
You acknowledge that the Software is protected by copyright and other
intellectual property laws and international treaties. The name "Select
Every Other Layer," the Software's logo (if applicable), and the brand
"Scott Black Visual Effects & Motion Graphics" are used by the Developer
as distinctive identifiers in connection with the Software. Nothing in
this EULA grants the User any rights to use these names, logos, or
associated branding, and all goodwill arising from use of the Software
belongs exclusively to the Developer.
Nothing in this EULA shall be construed as granting, by implication or
otherwise, any license or right to use any of the Developer's
intellectual property except as expressly provided herein. The Developer
reserves all rights not expressly granted to you in this EULA. You agree
that you will not challenge or contest the Developer's ownership of the
Software or its intellectual property.
6. Disclaimer of Warranty
USE AT YOUR OWN RISK. The Software is provided to you "as is" and "as
available," without warranty of any kind. To the fullest extent
permitted under applicable law, the Developer disclaims and excludes all
warranties, conditions, and representations, whether express, implied,
or statutory, with respect to the Software and any accompanying
materials. This disclaimer includes, but is not limited to:
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Implied Warranties: All implied warranties of merchantability,
satisfactory quality, fitness for a particular purpose, title,
non-infringement, and any warranties arising out of course of
dealing or usage of trade are expressly disclaimed. You assume all
responsibility for selecting the Software to achieve your intended
results and for the installation, use, and results obtained from the
Software.
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No Guarantee of Performance: The Developer does not warrant that the
Software will meet your requirements or expectations, or that the
operation of the Software will be uninterrupted, error-free, or
secure. You understand that the Software (including the bundled C++
plugin interacting with your operating system) may interact with
your system at a low level; the Developer makes no guarantee that it
is free of bugs or vulnerabilities, or that it will not conflict
with other software or hardware on your system.
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No Other Obligations: No advice or information, whether oral or
written, obtained by you from the Developer or through the use of
the Software shall create any warranty not expressly stated in this
EULA. The Developer provides no warranties regarding any results
that may be obtained from the use of the Software or that any
defects will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties. If
any legally required warranties exist and cannot be disclaimed, then to
the extent permitted by law, the duration of such warranties is limited
to the minimum period required by law.
7. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the
Developer be liable for any special, incidental, indirect,
consequential, exemplary, or punitive damages whatsoever arising out of
or in connection with your use of or inability to use the Software, even
if the Developer has been advised of the possibility of such damages.
This limitation of liability applies to any claims for damages arising
from, but not limited to:
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Data Loss or Corruption: Loss of data, loss of content, restoration
costs, or corruption of files or information arising from the use of
the Software.
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System Issues: Any damage to your computer system, operating system,
other software, or hardware that may result from using the Software
(including any instability, crashes, or performance issues in Adobe
After Effects or your system due to the Software).
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Loss of Profits or Business: Loss of revenue, profits, business,
opportunity, or anticipated savings, or any business interruption or
downtime.
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Other Losses: Any other indirect or consequential losses or damages
of whatever nature.
In any case, the Developer's total cumulative liability under any
provision of this EULA (or related to the Software) shall be limited to
the amount actually paid by you for the Software license. If you have
paid no fee (for example, if the Software was obtained for free or as a
trial), the Developer's total liability shall not exceed the amount
actually paid by you for the Software license. If you have not paid any
fee for the Software (e.g., in the case of a free, trial, or promotional
copy), the Developer shall have no liability whatsoever.
These limitations and exclusions of liability shall apply even if any
remedy fails of its essential purpose. You acknowledge that the license
fee (if any) reflects this allocation of risk and the limitation of
liability specified herein. Because some jurisdictions do not allow the
exclusion or limitation of certain damages, the above limitation may not
apply to you in full – in such cases, the Developer's liability shall be
limited to the fullest extent permitted by law.
8. Indemnification
You agree to indemnify, defend, and hold harmless the Developer, its
affiliates, distributors, agents, and employees from and against any and
all claims, liabilities, losses, damages, expenses, and fees (including
reasonable legal fees) that such parties may incur as a result of or
arising from: (a) your use or misuse of the Software; (b) your violation
of any term of this EULA; or (c) your violation of any law or regulation
or the rights of any third party in connection with your use of the
Software.
This indemnification obligation means you will reimburse the Developer
and related parties for any losses or costs (including lawyer's fees and
court costs) they incur due to claims caused by your actions or use of
the Software. The Developer reserves the right, at your expense, to
assume the exclusive defense and control of any matter subject to
indemnification by you. In such case, you agree to cooperate with the
Developer in defending such matter. You shall not settle any such claim
or matter without the prior written consent of the Developer. This
section will remain in effect even after termination of this EULA.
9. Termination
This EULA is effective from the time you accept it (or first install or
use the Software) and will remain in effect until terminated as provided
herein. Your rights under this License will terminate automatically and
immediately without notice from the Developer if you fail to comply with
any provision of this EULA. The Developer may also, at its sole
discretion, terminate this EULA and revoke your License at any time with
or without prior notice to you, including (but not limited to) if the
Developer discontinues the distribution or support of the Software.
Upon any termination of this EULA for any reason:
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You must immediately cease all use of the Software and uninstall or
destroy all copies of the Software in your possession or control.
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The provisions of this EULA that by their nature should survive
termination (such as Disclaimer of Warranty, Limitation of
Liability, Indemnification, Governing Law, and Miscellaneous
provisions) shall continue in full force and effect.
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Termination will not limit any of the Developer's other rights or
remedies at law or in equity in case of your breach of this EULA
prior to termination.
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If termination is due to your breach of the EULA, the Developer
reserves the right to disable your license key or take other
technical measures to prevent further use of the Software by you. No
refund of any fees will be given in case of termination due to
breach.
If you wish to terminate this EULA voluntarily, you may do so by
uninstalling and ceasing all use of the Software (though no refund will
be provided if outside any applicable refund policy of "aescripts +
aeplugins").
10. Governing Law
This EULA and any dispute arising out of or relating to this EULA or the
Software shall be governed by and construed in accordance with the laws
of the United Kingdom (specifically the laws of England and Wales),
without regard to its conflict of law principles. The United Nations
Convention on Contracts for the International Sale of Goods (CISG) does
not apply to this EULA.
You expressly agree that the courts of the United Kingdom (and, in
particular, the appropriate courts located in England and Wales) shall
have exclusive jurisdiction to resolve any claim, dispute, or matter
arising out of or in connection with this EULA or your use of the
Software. You hereby consent to the personal jurisdiction of such courts
and waive any objections (including objections based on inconvenient
forum) to the jurisdiction or venue of such courts.
If you are using the Software in a jurisdiction where all or some of the
provisions of this EULA are not enforceable, to the extent that it is
possible, the parties agree that the governing law shall be deemed to be
the law of a jurisdiction that is enforceable (such as the jurisdiction
of the User's residence), but the intent is that this Section 9 shall to
the fullest extent possible enforce the choice of UK law and venue as
stated.
11. Export Compliance
You agree to comply with all applicable export laws and regulations of
the United Kingdom, United States, and any other relevant jurisdiction
and shall not export or re-export the Software to any embargoed
countries or denied parties.
12. Miscellaneous
Support and Updates: The Software is provided as is,
and while the Developer may (at their sole discretion) release updates,
patches, bug fixes, or provide customer support or assistance from time
to time, nothing in this EULA shall be interpreted as an obligation to
do so. Your purchase of the Software does not guarantee any future
updates or continued availability of the Software. However, the
Developer may, on a goodwill basis, address issues and provide
improvements when possible.
Third-Party Components: The Software may include or be
bundled with third-party software libraries or open-source components.
All such third-party components are provided under their own respective
licenses, which are supplied with the Software (e.g., in documentation
or a "Third-Party Licenses" file). Those licenses apply to the
respective components independently of this EULA. Nothing in this EULA
limits your rights or obligations under those third-party licenses.
However, with respect to your use of the Software as a whole, this EULA
will govern your use of the Software in its entirety.
Severability: If any provision of this EULA is held to
be illegal, invalid, or unenforceable by a court of competent
jurisdiction, then that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the
remaining provisions of this EULA shall remain in full force and effect.
The invalidity or non-enforceability of any part of this EULA shall not
affect the validity of the remainder of the EULA.
Consumer rights: Nothing in this EULA limits any
statutory rights of a consumer that cannot be excluded or limited under
applicable law, including rights under the UK Consumer Rights Act 2015.
Entire Agreement: This EULA constitutes the entire
agreement between you and the Developer regarding the Software and
supersedes all prior or contemporaneous understandings or agreements
(whether oral or written) relating to the Software. No amendment or
modification of this EULA will be binding unless made in writing and
signed by the Developer. In entering this agreement, neither party has
relied on any statement, representation, warranty, or agreement of the
other party except as expressly set forth in this EULA.
No Waiver: The failure of the Developer to exercise or
enforce any right or provision of this EULA shall not operate as a
waiver of that right or provision, nor shall any single or partial
exercise of a right preclude any further or future exercise of that or
any other right. Any waiver of any provision of this EULA will be
effective only if in writing and signed by the Developer.
Assignment: You may not assign, transfer, or sublicense
this EULA or any of your rights or obligations under it, whether
voluntarily, by operation of law, or otherwise, without the prior
written consent of the Developer. Any attempted assignment or transfer
without such consent will be null and void. The Developer may assign or
transfer this EULA (in whole or in part) at its discretion, including to
any successor or new owner of the Software or in the event of a
merger/acquisition. This EULA will bind and inure to the benefit of the
parties and their permitted successors and assigns.
No Partnership: Nothing in this EULA shall be
interpreted as creating an agency, partnership, joint venture, or any
other form of joint enterprise between you and the Developer. You and
the Developer are independent parties; you are licensing the Software as
an end user and no employment or agency relationship is intended or
created by this EULA.
Feedback licence: If you provide the Developer with
ideas, suggestions or feedback about the Software, you grant the
Developer a perpetual, irrevocable, royalty-free right to use and
commercialise that feedback for any purpose without obligation to you.
Third-party Trademarks: “Adobe”, “After Effects”, and
“aescripts + aeplugins” are trademarks of their respective owners. This
software and its developer are not affiliated with, endorsed by, or
sponsored by Adobe Systems Incorporated.
Headings: Section titles and headings in this EULA are
for convenience only and have no legal or contractual effect on the
interpretation of the terms.
13. Legal Review Disclaimer
This EULA is intended to clearly define your rights and obligations in
using the Software, but it may not address every specific legal issue or
jurisdictional nuance. You are encouraged to seek independent legal
advice if you have any questions or concerns about the terms and
conditions of this EULA. By using the Software, you acknowledge that you
have had the opportunity to read and understand this agreement, and to
consult with legal counsel if desired, before agreeing to it.
While the Developer has made efforts to draft this EULA to be fair and
comprehensive, it should not be considered legal advice to you. The User
is responsible for ensuring that their use of the Software complies with
all applicable laws and regulations. If you are unsure about any
provision of this EULA or how it applies to you, please obtain
professional legal guidance. Relying solely on this document without
such advice is at your own risk.
By installing or using "Select Every Other Layer," you (the User)
acknowledge that you have read this EULA, understand it, and agree to be
bound by all of its terms and conditions. If you do not agree with the
terms of this EULA, you must not install, activate, or use the Software
and should promptly uninstall and delete any copies of the Software in
your possession.