smartMedia

End User License Agreement

A. cragl End User License Agreement (EULA)

If you have any feedback or questions, please visit: http://www.cragl.com/contact

Do not install or use the software until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with cragl - vfx tools.

This is a legal agreement between cragl - vfx tools and you. You agree to be bound by the terms and conditions of this agreement if you: (a) install or use any part of the cragl software, or any software downloaded from www.cragl.com, directly in one of the supported software packages or from a third party's website, or (b) click the acceptance button on the electronic version of this agreement. Please read carefully. Your use of this software is subject to the terms of this agreement and cragl privacy policy, accessible here: http://www.cragl.com/contact.

1. GRANT OF LICENSE. cragl hereby grants you a limited, non-exclusive license to use the Software on one (1) computer at a time upon the terms and conditions set forth in this Agreement. cragl reserves all rights in and to the Software not otherwise granted in this Agreement.

2. RESTRICTIONS ON USE. You may not: (a) distribute, share, sublicense, lend, lease or otherwise make the Software available to any third party (on the Internet, an information network or tangible media, by broadcast or in any other manner), (b) modify, adapt, create derivative works from or translate any part of the Software, (c) reverse engineer, decompile or disassemble the Software or otherwise attempt to obtain its source code, (d) remove or alter any copyright, trademark or other proprietary notice contained in the software, or (e) use the software in any manner not set forth in this Agreement or in the software documentation.

3. USE OF CONTENT. You may not use the software for any purpose that: (a) infringes the copyright, trademark, patent, trade secret, right of publicity or any other right of a third party, (b) is or may be libelous, defamatory or slanderous, or (c) any other use that is illegal in nature.

4. OWNERSHIP OF SOFTWARE. cragl retains all rights to the Software and related documentation not specifically granted in this Agreement. cragls owns the Software and related documentation and all copyright and other intellectual property rights therein, and this Agreement does not transfer to You any title to or any proprietary or intellectual property rights in or to the Software, any updates or derivative works thereto, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement. The Software and related
documentation are protected and must not be copied in any form without permission.

5. ASSIGNMENT. You may not assign the Software to any third party.

6. TERMINATION. Your right to use the Software will automatically terminate if you fail to comply with any provision of this Agreement. If this Agreement is terminated you must: (a) cease all use of the Software, (b) destroy the original and all copies of the Software, and (c) permanently delete all copies of the Software from the computer on which it has been installed. We may additionally at any time terminate your license to use the Software at our sole discretion.

7. DISCLAIMER OF WARRANTIES. Except for the limited warranty provided above, the software is provided as is. to the full extent permitted by applicable local law, cragl and the third party providers disclaim all other warranties, representations and conditions, express or implied, including, but not limited to, the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. No oral or written information or advice given by cragl or an cragl authorized representative shall create a warranty. Without limitation of the foregoing, cragl and the third party providers do not warrant that: (a) the software will be error-free, (b) your use of the software will be uninterrupted or error-free, (c) the software will meet your requirements, or (d) the software will operate with the hardware or software configuration you choose.

8. LIMITATIONS ON LIABILITY. In no event will cragl affiliates or the third party providers liability to you or any third party exceed the price paid by you for the software. In no event shall cragl be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the software. Further, cragl shall not be liable in any way for third party goods and services offered through this site or through third party websites linked to from this site. You are solely responsible for making backup copies of any and all of your content. cragl shall not be liable for any loss of or damage to your content. cragl may not function as advertised on your computer, for technical or other reasons.

9. EXCLUSION OF REMEDIES. Without limiting any of the disclaimers or limitations set forth in paragraphs above, in no event will cragl or the third party providers be liable to you or anyone else for any indirect, special, incidental, punitive or consequential damages of any kind arising out of your use or inability to use the software (including, without limitation, loss of profits, revenue, use of software or any associated hardware or software, data or goodwill), even if such parties have been advised of the possibility of such damages.

10. YOUR SPECIFIC RIGHTS. Some jurisdictions do not allow the exclusion of damages or limitations of liability, so the above exclusions or limitations may not apply to you. Your specific rights may vary from jurisdiction to jurisdiction.

11. EXPORT RESTRICTIONS. You agree not to export or re-export, or allow the export or re-export of the Software in violation of any such law, restriction or regulation, including, without limitation, export or re-export to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to applicable U.S. trade embargoes, or to any party on the U.S. Export Administration Table of Denial Orders or the U.S. Department of Treasury List of Specially Designated Nationals and Blocked Persons, or to any prohibited destination in any of the Country Groups specified in the then current Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations).

12. UPDATES. cragl may from time to time make available to you updates for the Software, subject to the terms and conditions of this Agreement, or cragl may make conditional release of such upgrades to you upon your acceptance of another EULA or other execution of a separate agreement. If you should elect to install updates, your use of such updates will be subject to the applicable license and the terms and conditions of this Agreement.

13. SUPPORT. cragl is not under any obligation to provide any support under this Agreement, including upgrades or future versions of the Software or related products. Nonetheless, You should bring any concerns or problems You have to our attention via the support request system in your personal cragl backend or via [email protected] We want to make sure our users have a very positive experience with our Software, and we will use commercially reasonable efforts to address concerns that we believe, in our discretion, will improve the user experience.

14. MISCELLANEOUS. This Agreement will be binding upon and inure to the benefit of cragl and you, and our respective successors and permitted assigns. If any provision of this Agreement is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this Agreement. Any waiver of any breach or failure to enforce any provision of this Agreement will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver, amendment or modification of any provision of this Agreement will be effective only if it is in writing and signed by cragl and you. This Agreement constitutes the entire agreement between cragl and you with respect to the subject matter of this Agreement. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement may be assigned by cragl, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void. This Agreement, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties. Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneysi fees.

15. CHANGES We may occasionally change these Terms, so we encourage you to review the Terms periodically.