End User License
End User License Agreement for Loading Tools
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This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Loading Inc., the author of this SOFTWARE PRODUCT, with regard to the copyrighted SOFTWARE PRODUCT (Loading Tools - herein referred to as "SOFTWARE PRODUCT") provided with this EULA.
1. Definitions
"Loading Inc." refers to the author and licensor of the SOFTWARE PRODUCT.
"You" refers to the individual or entity acquiring the license to use the SOFTWARE PRODUCT.
"SOFTWARE PRODUCT" means the computer software provided with this EULA, including associated media, printed materials, and electronic documentation.
2. Grant Of License
a.) Loading Inc. grants to you a personal, non-transferable, and non-exclusive right to use the copy of the SOFTWARE PRODUCT provided with this EULA.
b.) You agree that you may not copy the written materials accompanying the SOFTWARE PRODUCT.
c.) Each license allows the SOFTWARE PRODUCT to be used on only one computer at a time.
d.) Modifying, translating, renting, copying, transferring, or assigning all or part of the SOFTWARE PRODUCT, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels, or marks from the SOFTWARE PRODUCT is strictly prohibited.
e.) You may not transfer this SOFTWARE PRODUCT.
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3. Copyright
The SOFTWARE PRODUCT is licensed, not sold, to you by Loading Inc. You acknowledge that no title to the intellectual property in the SOFTWARE PRODUCT is transferred to you. Loading Inc. owns all rights, title, and interest in and to the SOFTWARE PRODUCT and reserves all rights not expressly granted to you in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question. All copies of the SOFTWARE PRODUCT will contain the same proprietary notices as contained in or on the SOFTWARE PRODUCT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Loading Inc. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
4. Restrictions on Use and Reverse Engineering
a.) You may not reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to discover any source code or underlying structures, ideas, or algorithms of the SOFTWARE PRODUCT in whole or in part.
b.) You may not recreate, replicate, or develop derivative tools based on the SOFTWARE PRODUCT without explicit written consent from Loading Inc.
c.) Unauthorized copying, modification, or distribution of the SOFTWARE PRODUCT or failure to comply with the above restrictions will result in automatic termination of this Agreement and the reversion of the rights granted hereunder to Loading Inc.
5. Compliance with Epic Games MetaHuman EULA
If you use the SOFTWARE PRODUCT in conjunction with Epic Games' MetaHuman DNA Calibration, you agree to comply with Epic Games' MetaHuman EULA, available at: https://github.com/EpicGames/MetaHuman-DNA-Calibration/blob/main/LICENSE. Failure to comply with Epic Games' licensing terms will be considered a breach of this EULA.
6. Termination
Without prejudice to any other rights, Loading Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
7. Disclaimer of Warranty
THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE PRODUCT IS WITH YOU. NEITHER LOADING INC NOR ITS SUPPLIERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. LOADING INC IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
8. No Liability For Damages
In no event shall the author of this SOFTWARE PRODUCT be liable for any special, consequential, incidental, direct, or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, for personal injury, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the author of this SOFTWARE PRODUCT is aware of the possibility of such damages and known defects, any claim by a third party, and even if the remedy fails of its essential purpose.
9. Rental
You may not loan, rent, or lease the SOFTWARE PRODUCT.
10. Update and Maintenance
Upgrades for the SOFTWARE PRODUCT are FREE of charge.
11. Product Support
Product support for the SOFTWARE PRODUCT is provided by Loading Inc. For product support, please send an email to Loading Inc. Should you have any questions concerning this, please refer to the address provided in the documentation or on the SOFTWARE PRODUCT website.
12. Indemnification By You
If you distribute the SOFTWARE PRODUCT in violation of this Agreement, you agree to indemnify, hold harmless, and defend Loading Inc. and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the SOFTWARE PRODUCT in violation of this Agreement.
13. Additional Terms for Evaluation Licensees
A free trial of the SOFTWARE PRODUCT is provided for evaluation purposes. Evaluation means the testing of functionality, fitness, and compatibility regarding requirements and usage. The use of the SOFTWARE PRODUCT or the created data and resulting media which exceeds testing and evaluation for private uses, an educational institution, or for commercial purposes is a violation of this Agreement.
14. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the State of Texas, USA.
15. Severability
If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16. Entire Agreement
This EULA constitutes the entire agreement between you and Loading Inc. regarding the SOFTWARE PRODUCT and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding the SOFTWARE PRODUCT.
17. Modifications to the Agreement
Loading Inc. reserves the right to modify this EULA at any time. Any such modifications will be effective immediately upon posting on our website or notifying you directly.
18. Use of Client Logos
By purchasing a license to use the SOFTWARE PRODUCT, you agree that Loading Inc. may use your company or entity's logo on its website and in communications such as promotions, newsletters, and other materials to showcase our valued clients and studios using the SOFTWARE PRODUCT. This mutually highlights successful partnerships. If, however, you prefer not to have your logo included, you can easily notify Loading Inc. in writing, and we will promptly remove it from our materials.
Loading Inc. shall not be liable for technical or editorial errors or omissions contained herein.