End User License Agreement.
This End User License Agreement is an agreement between Disruptive Interactive Inc. (“Disruptive”, “we”, or “our”) and you. Please read them. They apply to the software named above. The terms also apply to any:
- Internet and local server-based services, and
- support services
for this software, unless other terms accompany those items. If so, those terms apply.
By installing and using the software, you accept these terms. If you do not accept them, do not install and use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You are granted a non-exclusive, non-transferable, non-sublicensable right and license to install and use the software in association with one and only one Apple ID. The rights granted to you in this agreement are personal to you. You may install and use the software on any device owned by you that is associated with the one Apple ID linked to the software at the time of purchase, and where that installation is for your use only.
2. DISRUPTIVE SERVICES. Disruptive provides local server-based services with the software. We may change or cancel them at any time. Included with your purchase of the software is the right to email 2 characters created with the software to yourself at the address associated with the software at the time of purchase. When you email a character, our servers will convert the character into animation-ready file form. After 2characters have been emailed, you will need to purchase additional character conversion and email rights at our then current pricing. We will not provide any animation or other services with your use of the software.
3. SCOPE OF LICENSE. The software is proprietary to Disruptive and is licensed on the terms of this agreement, not sold to you. This agreement only gives you some rights to use the software. Disruptive reserves all other rights, including without limitation all worldwide copyrights and trademark rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not or enable others to:
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, except and only to the extent that the applicable law expressely permits, desite this limitation;
- make copies of the software other than as permitted in this agreement or allowed by applicable law, despite this limitation;
- publish the software for others to copy;
- rent, lease or lend the software; or
- transfer the software or this agreement to any third party.
4. CHARACTER CREATION. You may use the software to create characters for your own animation purposes. This use may include the creation of animation characters to be used by you for inclusion in product for sale or license to others, such as a video game or film product. You may not use the software to create single or multiple animation characters for sale, lease, gift, license or any other form of distribution to others.
5. TRANSFER TO ANOTHER DEVICE. You may uninstall the software and install it on another device for your use where that device is associated with the Apple ID associated with the software at the time of purchase.
6. SUPPORT SERVICES. Because this software is provided "as is," we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet and server-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW. The laws of the Province of British Columbia and the laws of Canada applicable therein, govern the interpretation of this agreement and apply to claims for breach of it, regardless of conflict of laws principles.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Disruptive gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Disruptive excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Disruptive does not warrant against interference with your enjoyment of the software that the functions contained in, or Disruptive services performed or provided by, the software will meet your requirements, that the operation of software or Disruptive services will be uninterrupted or error-free, or that defects in the software or Disruptive services will be corrected. No oral or written information or advice given by Disruptive or its authorized representative shall create a warranty. Should the software or Disruptive services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You agree that you can recover from Disruptive only direct damages up to the amount paid for the purchase of the software. You agree that you cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
- anything related to the software, Disruptive services, or third party software, programs or applications; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
- It also applies even if Disruptive knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
12. PERSONAL INFORMATION. By using the software and the Disruptive services, you are consenting to our collection, storage, disclosure and use of any personal information, including email addresses and Apple ID you voluntarily provide to the us when you purchase and use the software and Disruptive services, for the purposes of providing and the promotion of the software and Disruptive services.
We may use this personal information to communicate with you regarding the software and Disruptive services, including sending you updates, supplements, and to advise you from time to time of other products and services of Disruptive and its affiliates. By using the software you expressly consent to receiving any and all electronic messages we send to you, and this consent is considered to remain in effect for as long as you use the software and the Disruptive services, and as permitted by law.
13. RIGHT TO PRELIMINARY AND INJUNCTIVE RELIEF. You agree that money damages would be an inadequate remedy for Disruptive in the event of a breach by you of this license agreement. Therefore, you agree that in the event of a breach or threatened breach of this license agreement, Disruptive may, in addition to any other remedies available to it, be entitled to preliminary or injunctive relief without the need for posting any bond. All rights and remedies available for Disruptive shall be cumulative and not exclusive.
14. NO WAIVER. Any waiver of a breach or failure to exercise any option, right, or privilege under the terms of this license agreement on any occasion by Disruptive shall not be construed to be a waiver of a subsequent breach or right to exercise any option, right, or privilege.
Download the EULA: