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Cascadeur end-user agreement

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CASCADEUR END-USER AGREEMENT

Version 15 July 2020


This End-user Agreement (hereinafter "Agreement") governs the use of the software for physics-based character animation named “Cascadeur” (hereinafter “Service”) by the users of the Service. For the avoidance of doubts, the version of the Service provided to the end-user under this Agreement is the beta-version of software “Cascadeur” that is currently tested on an open basis

This Agreement is concluded between:

Nekki Limited, the company, organized and acting under the laws of Republic of Cyprus, with address: 116, Gladstonos str, M. Kyprianou house; 3rd&4th floors, 3032, Limassol, Cyprus (hereinafter “Nekki”),

and

The end-user of the Service of Nekki (hereinafter “user”).

You acknowledge and agree that by registering at Cascadeur official web-site, downloading or/and authorizing inside the software “Cascadeur”, or otherwise accessing or using the Service, you are indicating that you have read, understood, and agreed to be bound by the Agreement. If you do not agree to these terms and all applicable additional terms, then you have no right to access or use any of the Service.
 

1.  GENERAL TERMS

1.1.  The user is a person who downloaded the software named “Cascadeur” on the device that supports the work of the Service. In order to download the software “Cascadeur”, such person shall first register at the official web-site of Cascadeur https://cascadeur.com/ by using his or her real first and family name and login which is email of the person. The person must also be authorized inside the software “Cascadeur” in order to use the Service. The authorization is carried out with use of the login of the person. By mentioning his or her login during authorization process, the person links his or her account created at the official web-site of Cascadeur to the Service. Besides, the user may also be authorized inside the software “Cascadeur” by use of Facebook or Google ID. The non-authorized use of the Service shall not be allowed. If during the use of the Service by the user Nekki becomes informed that during the registration at Cascadeur official web-site or during authorization process inside the software “Cascadeur” the user used fake first or family name or email which does not belong to the user, Nekki may, at its sole discretion, terminate this Agreement and cease the access of such user to the Service.

1.2.  Nekki provides to the user the right to use the Service in accordance with this Agreement. The license right to use the Service granted to the user is linked to the account of the user
created at Cascadeur official web-site https://cascadeur.com/. The user has no right to transfer the license right to use the Service to other person or to share his or her account with any other person. The breach of this restriction by the user leads to the termination of the Agreement and the block of user’s access to the Service.

1.3. The use of the Service is free of any charge, including use of the Service for commercial purposes. However, Nekki reserves the right to make the use of subsequent versions of the software “Cascadeur” subject to fee determined by Nekki in its sole discretion.

1.4. Nekki (and its licensees) remain the sole owner of all right, title, and interest in the Service. Nekki does not grant the user any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Service.

1.5. The user is the owner of the rights regarding to an object, made or worked out using the Service (in particular, objects which were made or worked out through the use of the Service, including animation, audio files, videos, images etc.) (hereinafter "Results"). The user has full rights to use the Result, dispose the rights in relation to the Result in any ways for the full term of intellectual property rights validity.

1.6. The user has the right to use the Result for commercial purposes without previous or subsequent permission of Nekki. For the purposes of this Agreement, commercial purpose is considered to be the will or intention, which are confirmed by action or actions, to sale, transfer, license, mortgage the rights regarding the Result or make any other actions with the rights regarding the Results in exchange for money or other economic benefit or gain or advantage.

1.7. Nekki is not liable for any actions or decisions of the user performed or made by use of the Service. No provisions in this Agreement shall be construed as implying liability of Nekki for actions or decisions of the user.

 

2.  WAYS AND CONDITIONS OF USE

2.1.  The user can use the Service in order to make or work out any content in order to obtain the Result.

2.2.  The user shall not misuse the Service. In particular, the user shall not:

2.2.1.  copy, modify, host, stream, sublicense, or resell the Service;

2.2.2.  enable or allow others to use the Service using User’s account information;

2.2.3.  access or attempt to access the Service by use of any means other than the interface
that Nekki provides or authorizes;

2.2.4.  circumvent any access or use restrictions put into place to prevent certain uses of the Service;

2.2.5.  use the Service in such a way that it violates anyone’s intellectual property rights (in particular, copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right to publicity, and any other proprietary rights). In particular, the user shall not create or modify works using third party intellectual property objects or their parts in violation of intellectual property rights, including using without permission, using in violation of license terms;

2.2.6.  create, modify, upload or share any Result that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;

2.2.7.  impersonate any person or entity, or falsely state or otherwise misrepresent user’s affiliation with a person or entity;

2.2.8.  attempt to disable, impair, or destroy the Service;

2.2.9.  upload, transmit, store, or make available any content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Service;

2.2.10.  disrupt, interfere with, or inhibit any other user from using the Service (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);

2.2.11.  place an advertisement of any products or services in the Service except with Nekki’s prior written approval;

2.2.12.  insert or engage any viruses, malicious code, malware, or any components designed to harm or limit the functionality of devices into the Result, and share, distribute, sale such Results;

2.2.13.  use the Service to create, modify, or share the Result which encourages, mocks the aspects of the following themes: genocides, wars, military conflicts, racial, national inequality, defectiveness which shall be reasonably considered as contrary to generally accepted standards and principles of morality;

2.2.14,  use any data mining or similar data gathering and extraction methods in connection with the Service; or

2.2.15.  violate applicable law.

2.3.  Nekki may delete the information about the Service, user’s impression of the Service, Results from Cascadeur servers, social media pages, or websites at its’ sole discretion.

2.4.  Nekki may demand third parties to delete information about the Service, user’s impression of the Service, Results from the websites and applications if the publication, disclosure were made in violation of the Agreement.

 

3.  WARRANTY AND INDEMNIFICATION OBLIGATIONS

3.1.  By uploading User’s content to the Service, User agrees that he or she has all necessary rights, licenses and permissions to use the content at the Service and User does not violate the intellectual property rights of third parties.

3.2.  To the maximum extent permitted by applicable law, the user will defend, indemnify, hold harmless Nekki and its subsidiaries, affiliates, officers, agents, employees, partners, and licensees from any claim, demand, actions, suits or proceedings, loss, costs and expenses, or damage, including reasonable attorney fees, arising out of or related to his or her content created by use of the Service, his or her use of the Service, his or her violation of the Agreement, or his or her use of content in relation to the Service or/and the Result.

 

4.  RESPONSIBILITY

4.1.  User bears full and sole responsibility for the breaches of this Agreement.

4.2.  If user’s use of the Service or content violate third parties’ rights (in particular, intellectual property rights), the user bears full and sole responsibility ahead of third parties.

4.3.  The user undertakes to compensate Nekki all the loss or damages (in particular, ahead of third parties) which Nekki will bear in case of user’s violation of the Agreement terms or violation of third-party rights (in particular, intellectual property rights).

4.4.  If the user violates the terms of this Agreement, Nekki may unilaterally terminate this Agreement and cease the access to the Service. Nevertheless, Nekki may at its sole discretion restore the access of the user to the Service, but on terms that are solely determined by Nekki and may vary from the terms of this Agreement.

4.5.  The user shall be solely responsible for the accuracy and quality of his or her content, and the user understands that he or she must evaluate and bear all risks associated with his or her use of the Service, or his or her reliance on the accuracy, completeness, or usefulness of the Service.

 

5.  DISCLAIMERS OF WARRANTIES

5.1.  The Service is provided “AS-IS” and with all faults. To the maximum extent permitted by law, Nekki disclaims all warranties, express or implied, oral or written, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose, performance, security, integration, quiet enjoyment, satisfactory quality. Nekki makes no commitments about the content within the Service.

5.2.  Nekki further disclaims any warranty that:

5.2.1.  the Service will meet the requirements of User or will be constantly available, uninterrupted, timely, secure, or error-free;

5.2.2.  the Service will not influence negatively on the devices’ functionality;

5.2.3.  the results obtained from the use of the Service will be effective, accurate, or reliable;

5.2.4.  the quality of the Service will meet User’s expectations; or

5.2.5.  any errors or defects in the Service will be corrected.

5.3.  Nekki specifically disclaim all liability for any actions resulting from User’s use of the Service. User may use and access the Service at his or her own discretion and risk, and User is solely responsible for any damage to his or her computer system or loss of data that results from the use of and access to any Service.

5.4.  If the user posts the Results on the servers, social media pages, or website of Cascadeur, Nekki is not responsible for:

5.4.1.  any loss, corruption, or damage to User’s Result;

5.4.2.  the deletion of Result by anyone other than Nekki; or

5.4.3.  the inclusion of the Result by third parties on other websites or other media.

 

6.  LIMITATION OF LIABILITY

6.1.  Nekki, its licensees, and affiliates are not liable to the user or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if Nekki has been advised of the possibility of the loss or damages), or for the cost of procuring substitute products or services arising out of or in connection with the Agreement or the execution or performance of the Service, or from the use or inability to use the Service, including losses and damages:

6.1.1.  resulting from loss of use, data, or profits, whether or not foreseeable;

6.1.2.  based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or

6.1.3.  arising from any other claim arising out of or in connection with User’s use of or access to the Service.

6.2.  Nekki’s total liability in any matter arising out of or related to the Agreement is limited to $100.00 (one hundred United States dollars). This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.

6.3.  The limitations and exclusions in this section apply to the maximum extent permitted by law.

 

7.  TERMINATION

7.1.  The user may stop using the Service at any time. Deletion of the Service from the user’s device or deletion of the user’s account created at the official web-site of Cascadeur does not relieve the user of relevant user’s obligations under this Agreement that cannot be terminated by deletion of the user’s account.

7.2.  Nekki may terminate this Agreement unilaterally at its sole discretion provided It notified User 10 days before such termination.

7.3.  Nekki may terminate this Agreement unilaterally without preliminary notifications in case of the following:

7.3.1.  The user breaches any provision of the Agreement or act in a manner that clearly shows the user does not intend to, or are unable to, comply with the Agreement;

7.3.2.  The user physically, verbally, or through other means insults, abuses, threatens, bullies, or harasses Nekki, its licensees, affiliates, agents, its personnel, or other users;

7.3.3.  The user has repeatedly made complaints in bad faith or without a reasonable basis, and continues to do so after Nekki has asked the user to stop;

7.3.4.  Nekki is required to do so by law (for example, where the provision of the Service to the user is, or becomes, unlawful);

7.3.5.  User’s use of the Service poses a security risk to, or otherwise adversely impacts, the Service or any third party;

7.3.6.  User’s use of the Service subjects Nekki, its affiliates, or any third party to liability;

7.3.7.  User’s use of the Service may be fraudulent.

7.4.  Upon the termination of the Agreement, some or all of the Service may cease to operate
without prior notice.

7.5.  In the event of any termination of the Agreement, Nekki will have no further obligation to provide the Service to the user. In that case the user may no longer access any of the Result that was related to the user’s account and was not saved by the user, and Nekki will have no obligation to maintain or forward the Result to the user.

7.6.  In case of any termination of the Agreement, indemnification obligations, Nekki’s warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in the Agreement will survive such termination.

 

8.  APPLICABLE LAW AND DISPUTE RESOLUTION

8.1.  The Agreement, as well as validity, interpretation, performance of this Agreement and all rights hereunder shall be governed by the laws of the Republic of Cyprus.

8.2.  If Parties to this Agreement have any concern or dispute, they agreed to first try to resolve it by negotiation. In this case, the affected Party should send a claim to another Party by post, courier service, or e-mail with its claims and arguments. The receiving Party is obliged to response to the claim. If a dispute is not resolved within 30 days of submission, any legal actions must be resolved in courts of the Republic of Cyprus in accordance with procedural law of the Republic of Cyprus.

8.3.  The user may only resolve disputes with Nekki on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

 

9.  UPDATES AND AVAILABILITY

9.1.  Nekki may unilaterally modify this Agreement to reflect changes to the law or changes to the Service. The user should look at the Agreement regularly. Nekki will post notice of modifications to this Agreement on this page. Nekki will also update the “Last updated” date at the top of this Agreement. By continuing to use the Service or retaining access to the Service after the revisions are in effect, the user agrees to be bound by the revised Agreement. If the modified Agreement is not acceptable to the user, user’s only recourse is to cease using the Service.

9.2.  Nekki may modify, update, or discontinue the Service (including any portions or features) at any time, without liability to the user or anyone else. If Nekki discontinues the Service in its entirety, Nekki may allow the user a reasonable time to download his or her Result.

9.3.  Webpages describing the Service are accessible worldwide, but this does not mean all Service or Service’s features are available in the user’s country. Access to the Service (or certain Service’s features, sample files or content files) in certain countries may be blocked by Nekki or foreign governments. It is user’s responsibility to make sure user’s use of the Service is legal or available where he or she uses it. The Service is not available in all languages.

 

10.  NO MODIFICATIONS, REVERSE ENGINEERING

10.1.  The user shall not:

10.1.1.  modify, port, adapt or translate any portion of the Service; or

10.1.2.  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service or Software.

10.2.  If the laws of user’s jurisdiction give him or her the right to decompile the Service, the user must first request from Nekki the information necessary to render the licensed portions of
the Service interoperable with other software. Nekki may, in its discretion, either provide such information to the user, or impose reasonable conditions, including a reasonable fee, on user’s decompilation of the Service to ensure that Nekki’s and its suppliers’ proprietary rights in the Service are protected.

 

11.  DMCA

11.1.   Nekki respects the intellectual property rights of others and expects the user to do the same. Nekki will respond to clear notices of copyright infringement consistent with the
Digital Millennium Copyright Act (“DMCA”). Also, Nekki will delete any content which violates intellectual property rights of third parties.

11.2.   The user can learn more about Nekki’s DMCA Policy at the following web-page: https://cascadeur.com/help/category/2

 

12.  MISCELLANEOUS

12.1.   The English version of the Agreement will be the version used when interpreting or construing the Agreement.

12.2.   The 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 the user and Nekki have executed a separate agreement governing the use of the Service, and such separate agreement(s) has control in relation to the relevant Service.

12.3.   This Agreement covers only the use of the Service (beta-version of software “Cascadeur”) by the user. Using of other software (both current and future) provided or released by Nekki, or by other categories of individuals or legal entities is covered by other agreements, which can be found at Cascadeur web-site.

12.4.   The user may send notices, requests, or claims to the following e-mail: info@cascadeur.com or address: 116, Gladstonos str, M. Kyprianou house; 3rd&4th floors, 3032, Limassol, Cyprus.

12.5.   Nekki may notify the user by email, postal mail, postings within the Service, or other legally accepted means about the Service, its updates, special offers, or promotions. The user can freely cancel this communication by sending a request to Nekki.

12.6.   Nekki will deliver all notices, approvals, or other communications required or permitted under the Agreement: (a) via e-mail (in each case to the email address that the user provides when registers at the official web-site of Cascadeur https://cascadeur.com/); or (ii) by posting to the Cascadeur web-site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

12.7.   The user may not assign or otherwise transfer the Agreement or user’s rights and/or obligations under the Agreement, in whole or in part, without Nekki’s prior written consent, and any such attempt will be void. Nekki may transfer its rights under the Agreement to a third party.

12.8.   If any provision of this Agreement is held invalid or unenforceable for any reason, the non-affected part of the Agreement will continue in full force and effect.

12.9.   Nekki’s failure to enforce or exercise any provision of the Agreement is not a waiver of that provision.

 

Nekki Limited.

Address: 116, Gladstonos str, M. Kyprianou house; 3rd&4th floors, 3032, Limassol, Cyprus.

E-mail: info@cascadeur.com

 

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