This End User License Agreement (“EULA”) is a legal agreement between YOU the user (or “license”e), and Anyverse S.L. (the licensor) the provider of Anyverse Studio (the “Software”) Rendering Service (the “Service”). By accessing or using the Product or Software and or the Service, you agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms and conditions of this EULA, you may not install or use the Software and or the Service. Also, if you do not agree to all of these terms and conditions, then you must promptly return the Software to the place of business from which you obtained it in accordance with any return policies of such place of business. Return policies may vary between or among resellers, and you must comply with your particular reseller’s return policies as agreed at the point of purchase.
The LICENSOR grants the LICENSEE a non-exclusive, non-transferable, perpetual, subscription or trial license to use the SOFTWARE PRODUCTS listed therein and under the terms thereof.
By virtue of accepting the terms and conditions established in this EULA the LICENSEE does not acquire any ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCTS or SERVICE.
The LICENSEE is only entitled to use the SOFTWARE PRODUCTS and SERVICE in accordance with the terms and conditions set forth in this EULA.
By using the SOFTWARE PRODUCTS and or the SERVICE, the LICENSEE agrees to accept the terms and conditions established in this EULA.
Upon payment of the license fees, established in the commercial agreement, the LICENSEE will be sent details on where to download the registered edition of the SOFTWARE PRODUCTS and will be provided by email or a controlled access webpage with the suitable permanent or temporary software “key” depending on the commercial agreement reached with THE LICENSEE.
Alternatively, if the SOFTWARE PRODUCTS have an online component or cloud Service, access will be provided when the LICENSEE subscribes to the service upon accepting the commercial terms and conditions.
Regarding the Licence’s single payment or subscription fee to be realized by the LICENSEE, LICENSOR allows the LICENSEE a non-exclusive SOFTWARE license, to be used by his workers with the aim of installing and using the SOFTWARE for his own commercial and internal matters.
The guaranteed license described in clause 9 will expire 30 days after the Delivery Date if LICENSOR does not receive the amount to be paid for the license. When the SOFTWARE is used through the online service, the service can be suspended when LICENSOR does not get paid at the end of the billing period established in the commercial agreement. In the case that the license expired due to lack of payment, the SOFTWARE will no longer work. This is due to design and it is not a SOFTWARE defect. In this case, LICENSOR will re-establish the SOFTWARE functionalities on the first working day after LICENSOR has received the amount to cover the license.
The CUSTOMER will be able to make additional copies of the SOFTWARE as long as those are necessary for their usage. The CUSTOMER can also copy the SOFTWARE in order to save security copies. He should also reproduce and include the SOFTWARE copyright and ownership notes in any copy in the same way as they appear on the original copies given to the CUSTOMER.
The SOFTWARE is configured by LICENSOR. The SOFTWARE license is given “By User”. The CUSTOMER understands that the SOFTWARE imposes this restriction and that if the SOFTWARE does not work in agreement with the Documentation because the number of users required is higher than the number of users licensed, and therefore it is not due to a SOFTWARE defect.
LICENSOR reserves the whole of the SOFTWARE rights which have not been specifically given by this License Agreement.
You may not:
The standard Maintenance and Support Service (also referred to as the “M&S”) is included with the subscription SOFTWARE PRODUCTS and SERVICE. The terms and conditions stipulated in this section shall be applicable:
6.1 General Conditions for the Provision of Maintenance and Support Services.
The standard M&S Service is included and provided with the subscription of the SOFTWARE PRODUCTS and SERVICE. The term counts from the day of invoice of the subscriptions to the end of such subscription period (hereafter the “Service Validity Period”).
The M&S shall be understood as referring to the latest version of the product launched by the LICENSER, to its immediately previous version, and in any case to those versions created during the term of the corresponding current M&S.
6.2. The maintenance and support service level includes the following:
LICENSEE Services: E-mail support with our commitment to reply within 48 hours, except in those cases where queries are placed during public holidays or when the Customer Services Centre is closed. Queries shall be sent by E-mail to the following email address: firstname.lastname@example.org
Customer services shall only be provided in two languages, English and Spanish; both parties agree to and declare themselves to be satisfied by this arrangement.
When Licensee is using first level support from an authorized LICENSER Partner, all requests and inquiries will be sent to that company only.
Those using Customer Services shall provide the following information when making queries:
6.3. The service will not include:
The correction of mistakes that may be attributed to a manipulation of the program or service by personnel not authorized by the LICENSER, or the necessary tasks to reestablish the previous situation derived from incorrect operations by the client, causing losses, destruction and/or disruption of Programs and/or data.
The program adaptation to the specific circumstances of each LICENSEE.
The correction of anomalies exclusively attributed to the hardware used, the shortcomings in the work environment conditions, together with cuts-off or problems in the electricity supply and which, therefore, have no relation with the Program.
The repair of the damages caused by computer viruses or faults in other Programs not related to this contract.
Travel expenses accumulated by the M&S service.E
7.1. Notwithstanding Clause 1 above, the LICENSOR may terminate this EULA if The LICENSEE fails to comply with the terms and conditions established hereunder. Upon termination, the LICENSEE or the LICENSEE representative shall destroy all copies of the SOFTWARE PRODUCTS and all of its component parts or otherwise return or dispose of such material in the manner directed by the LICENSOR.
The LICENSOR will use reasonable organizational, technical, and administrative measures designed to protect the confidentiality of the personal data submitted by the LICENSEE, as well as any measures necessary for their processing according to the observance of the applicable regulations in force on the protection of data.
To know more about our privacy practices, visit https://anyverse.ai/privacy-policy/.
10. Limitation of Liability
10.1. Both parties agree and state that in no case the LICENSER nor any of the members of his/her busi-ness group, agents, employees or independent personnel will be held, nor be expected to be held, li-able before the LICENSEE for:
Specifically, LICENSER shall not be deemed as liable in cases of direct or indirect, incidental or consequential damages when a Trial or Evaluation copy of Anyverse Studio downloaded through the Internet for trial purposes. In this case, LICENSEE or subscriber of the Trial Edition of Anyverse Studio downloads the SOFTWARE PRODUCTS at his/her own risk and only for trial purposes.
10.3. Subject to what is stated previously, both parties expressly agree to establish the maximum liability limit of the LICENSER derived from this contract or in relation therewith, for any concepts, whether it is contractual or non-contractual fault, negligence or punitive compensations or of any other nature, at an amount equal to the sum received by the LICENSER from the LICENSEE derived from the purchase of the corresponding License/s object of the complaint.
The parties hereto confirm that it is their wish that these Conditions as well as other documents relating hereto have been and shall be drawn up in English only. This English version shall be valid and enforceable between the parties and both of them understand entirely any and all of its clauses.
10.1. Likewise, both parties agree that, in case any clause and/or mention of this agreement was declared null or annullable by a competent person or entity to do so in accordance with the applicable legisla-tion in force at each moment, and as long as these clauses are not of an essential nature for the pr-sent agreement, the rest of the clauses and provisions of the present agreement will remain in force and will be applicable in the terms established in this agreement.
10.2. This EULA (including any addendum or amendment to this EULA included with the SOFTWARE and or SERVICE) is the final, complete and exclusive statement of the entire agreement between the LICENSEE and the LICENSER relating to the SOFTWARE. This EULA supersedes any prior and contemporaneous proposals, purchase orders, advertisements, and all other communications in relation to the subject matter of this EULA, whether oral or written. No terms or conditions, other than those contained in this EULA, and no other understanding or agreement which in any way modifies these terms and conditions, shall be binding upon the parties unless entered into in writing executed between the parties, or by other non-oral manner of agreement whereby the parties objectively and definitively act in a manner to be bound (such as by continuing with an installation of the SOFTWARE, “clicking-through” a questionnaire, etc.) Employees, agents and other representatives of the LICENSER are not permitted to orally modify this EULA.
LICENSOR may change this EULA or any of its components by updating this EULA on www.anyverse.ai/eula. Changes to the EULA apply to any Entitlements acquired or renewed after the date of modification.
14. Retroactive Effect
LICENSEE acknowledges and accepts all provisions of the EULA with retroactive effect, from the moment it became LICENSEE of Anyverse Studio and or the Service.
15. Conflict resolution
15.1.The present contract and the rights and obligations deriving therefrom will be governed by the provisions of the Spanish Laws in force at the acceptance of the present document.
15.2. Any dispute, conflict and/or discrepancy that may arise or related in some way to the present Contract will be exclusively resolved by the Jurisdiction of the court in Madrid, Spain for any kind of arbitration or dispute regarding this Agreement. Both parties expressly renounce their own Jurisdiction.
The LICENSOR and the LICENSEE expressly accept this clause and agree to submit to the court and to comply entirely with the provisions of the decision putting an end to the conflict.
END OF END USER LICENSE AGREEMENT – Copyright ANYVERSE SL – 2022
You can download this End User License Agreement (“EULA”)