Welcome to the RENDERLights Installation Wizard This program will install RENDERLights. It is strongly recommended that you exit all programs before running this Installation Wizard. WARNING: This program is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under law. RENDERLights End-User License Agreement This End User License Agreement (the "Agreement") is an agreement between the legal entity using the RENDERLights Software, including all employees using the Software on behalf of the legal entity ("Licensee") and 3D Render Ltd organized under the laws of Finland ("3D Render") with its principal place of business at Annankatu 33 C, Helsinki FIN-00100, Finland. PLEASE READ CAREFULLY THE TERMS OF THIS AGREEMENT PRIOR TO PRESSING "I ACCEPT THE TERMS OF THE LICENSE AGREEMENT" BUTTON OR FIRST USE OF YOUR RENDERLights SOFTWARE. BY CLICKING THE "I ACCEPT" BUTTON, YOU ACCEPT THIS RENDERLights LICENSE AGREEMENT, INCLUDING THE LIMITED WARRANTY AND DISCLAIMERS. BY USING ANY PART OF THE RENDERLights PRODUCT OR COPYING THE RENDERLights SOFTWARE IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS YOU MAY NOT USE THE SOFTWARE. IN THIS CASE YOU ARE ENTITLED, PRIOR TO THE FIRST USE OF THE SOFTWARE, TO RETURN YOUR RENDERLights SOFTWARE TO THE PLACE OF PURCHASE FOR A FULL REFUND. Terminology "Channel Partner" means distributors and resellers authorized by 3D Render. "License File" means the file, including license key, which enables the Product to operate. "Product" means any RENDERLights product(s) delivered under this Agreement, consisting of the Software, any tools, documentation, or associated materials that may accompany such delivery. This Agreement is applied to the use of all versions and alterations of RENDERLights. "Software" means the object code copy of the RENDERLights. "Floating license" means a license that may be used by multiple users. One floating license is needed for each concurrent user from same local area network. 1. GRANT OF LICENSE 1.1 Subject to the terms and conditions of this Agreement, and subject to the payment of the agreed purchase price of the Product, Licensee is granted a non-exclusive, non-transferable, non-assignable license(s) for as many installation as you purchased of the Software, and any upgrades thereto, only for the use and configuration specified in the License File. In case you have purchased a Floating license you have a right to install an unlimited number of Software copies to be used within your Local Area Network. The Software is licensed, not sold, to you for your own use under the terms and conditions of this Agreement. The right to use the Software shall be limited to loading, installing, and using the Software on the designated workstations and local area network. Licensee may use the Product only for its own internal business operations. Licensee will not (i) allow third parties or develop methods for others to use the Products, (ii) rent the Products, or (iii) make the Products available on a time-sharing basis without a prior written consent of 3D Render. Further, Licensee shall not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object code, source program listings, and source code), in any form to any person other than the Licensee's employees without prior written consent from 3D Render or as otherwise provided in this License Agreement. 1.2 The Software is owned by 3D Render and protected by applicable laws. To the maximum extent permitted by applicable laws, 3D Render reserves all rights to the Software not expressly granted hereunder, and to any reproduction of the Software including its documentation, logos, trademarks, icons, and interface, in whole or in part. If you copy or use all or any portion of the Software without entering into this Agreement or obtaining a written permission of 3D Render, you are violating 3D Render's copyrights and other intellectual property rights, and you will be liable to 3D Render and its licensors for damages, and such conduct may also be subject to applicable criminal laws. Licensee has a right to use The Software on the basis of floating license in your company premises and within your local area network. You may acquire a right to use the Software outside your local area network by reserving it via the License Manager application included in the Software. 1.3 Fixed-Term License This Subsection 1.3 shall only apply if Licensee has purchased the Product under a time based license ("Fixed-Term License"), making an exception to the rights granted under clause 1.1 of this Agreement: 1.3.1 If the Licensee has purchased a Fixed-Term License, the right to use the Product is limited to the defined period and ends after this period has passed ("License Term"). The duration of the License Term depends on the purchased license and therefore may vary. 1.3.2 If the Licensee does not purchase a new Fixed-Term License before the end of License Term, or in an event where 3D Render decides not to grant such new license for the Licensee, then all Licensee's rights under this Agreement shall terminate and Licensee must without delay destroy all copies of the Product or return them for 3D Render and provide a written confirmation to 3D Render upon request. Further, Fixed-Term License shall expire automatically in an event of any breach of these terms by the Licensee. 1.3.3 All other terms defined in this Agreement shall also be applied to a Fixed-Term License. 1.4 Not For Resale License ("NFR") This Subsection 1.4 shall only apply if Licensee is acquiring the Product as a Not For Resale License ("NFR"), making an exception to the rights granted under clause 1.1 of this Agreement: 1.4.1 3D Render may grant an NFR License for a Licensee to be used for software developing purposes. It is strictly prohibited to use an NFR License to any other production purposes of the Licensee without 3D Render's express written approval. 3D Render may specify more terms on the use of the granted NFR License. 1.4.2 NFR License is granted for a restricted time period defined by 3D Render. After such period, all Licensee's rights under this Agreement shall terminate and Licensee must without delay destroy all copies of the Product or return them for 3D Render and provide a written confirmation to 3D Render upon request. Further, NFR License shall expire automatically in an event of any breach of these terms by the Licensee. 1.4.3 You may not sell, transfer, assign or sublicense a License granted as an NFR License to any third party. 1.4.4 Notwithstanding any other provision of this Agreement, Software provided under an NFR license is provided "AS-IS" without warranty of any kind, express or implied. 1.4.5. NFR License may be terminated by 3D Render at any time without any obligation to provide any grounds or reasons whatsoever for such termination. 1.4.6 All other terms defined in this Agreement shall also be applied to an NFR License. 1.5 Evaluation License This Subsection 1.5 shall only apply if Licensee is licensing the Product for evaluation purposes, making an exception to the rights granted under clause 1.1 of this Agreement: 1.5.1 The evaluation license is valid for a period of fourteen (14) days or the time defined in writing when getting the license and the delivery of the Product ("Evaluation Period"), and is designed to allow Licensee to evaluate a single copy of the Product in a single computer during such period. Licensee may use the evaluation license only for internal evaluation purposes and testing in a non-commercial use. 1.5.2 In the event that Licensee wishes to use the Software after Evaluation Period, the Licensee must acquire a license for such use. If the Licensee decides not to continue the use of the Software after the Evaluation Period, or in an event where 3D Render decides not to grant such license for the Licensee, then Licensee's rights under this Agreement shall terminate and Licensee must without delay destroy all copies of the Product or return them for 3D Render and provide a written confirmation to 3D Render upon request. The evaluation license shall also expire automatically in an event of any breach of these terms by the Licensee. 1.5.3 The evaluation license is valid and may be used for one (1) Evaluation Period only. In case the Software is used after the Evaluation Period without a prior written approval by 3D Render, Licensee shall be deemed to have acquired a RENDERLights License and thus liable for paying the current list-price of the License. 1.6 Educational License This Subsection 1.6 shall only apply if Licensee is acquiring the Product as an Educational License ("EDU"), making an exception to the rights granted under clause 1.1 of this Agreement: 1.6.1 Only educational institutions are eligible to obtain EDU licenses. These include e.g. universities, polytechnic schools, colleges, institutes, academies and other scientific and technical schools. EDU licenses may also be obtained by companies offering training in the use of RENDERLights. 1.6.2 EDU license can be used solely for educational purposes and in teaching. It is strictly prohibited to use an EDU License to any production, administrative or other commercial purposes of the Licensee without 3D Render's express written approval. 3D Render may specify more terms on the use of the granted EDU License. 1.6.3 You may not sell, transfer, assign or sublicense a License granted as an EDU License to any third party. 1.6.4 All other terms defined in this Agreement shall also be applied to an EDU License. 2. SOFTWARE MAINTENANCE AND SUPPORT 2.1 3D Render provides support and maintenance and future updates and upgrades for the Software only under a separate Support and Maintenance Agreement if such services are generally available. 3. OWNERSHIP AND INTELLECTUAL PROPERTY All right, title, and interest in the Software and Documentation, and all patents, trademarks, copyrights and all other intellectual property and other proprietary rights applicable thereto, shall at all times remain solely and exclusively with 3D Render and its licensors. You shall not (nor shall you permit any third party to) take any action inconsistent with such right, title, and interest. 4. LIMITATION OF USE You represent and warrant to 3D Render that you shall not (and shall not permit any third party to): - Sell, rent or hire out, lease, sublicense, grant a security interest in, or otherwise transfer or distribute any copies of the RENDERLights to others; - Offer benefits or services based on the Software to any third party, whether such arrangement is in the nature of a service bureau, an outsourcing service, an application service provider or any other similar service or business; - Modify, customize, or create derivative works based on the Software or the Documentation (i.e. create a new program that incorporates all or part of the Software or Documentation); - Alter, destroy or otherwise remove any copyright, trademark or other proprietary notices or labels on the Software or Documentation; - Avoid, circumvent or disable any security mechanism, procedure or protocol, or any copyright protection, provided or included in the Software; - Use the Software other than for its intended purpose; or - Use the Software in a manner that violates any applicable law, including without limitation laws prohibiting the unauthorized copying of copyrighted materials. In addition, you acknowledge that the Software contains trade secrets of 3D Render. Accordingly, you represent and warrant that you will not modify, translate, reverse engineer, decompile, or disassemble the Software in any way. You agree to indemnify 3D Render and its affiliates, officers, directors, employees and agents for any third-party claims relating to your breach of any of the above representations and warranties. 5. TERM AND TERMINATION 5.1 This Agreement is effective until it is terminated. 3D Render may terminate this Agreement with an immediate effect at any time upon Licensee's breach of any of the provisions hereof. Upon termination of this Agreement, Licensee agrees to cease all use of the Products and to return to 3D Render or destroy each copy of the Software and all documentation and related materials in Licensee's possession, and provide a written confirmation of such removal to 3D Render upon request.. Except for the license granted herein and as expressly provided herein, other terms of this Agreement shall survive termination. 6. SOFTWARE WARRANT AND WARRANTY DISCLAIMERS 6.1 3D Render warrants that, for the warranty period of ninety (90) days from the date Licensee receives the original License File, the Software will substantially conform to its specifications. 6.2 3D Render's or its suppliers or its Channel Partners' entire liability and Licensee's exclusive remedy, with respect to the Software, shall be at 3D Render's option to either, (i) replace the Software; (ii) correct the defect through updates and/or upgrades; or (iii) if prompt correction of the error or replacement of the Software is not reasonably feasible, refund to Licensee of the purchase price paid for the Product upon return of the Product to 3D Render by Licensee, in which case the license for the Software shall terminate. 6.3 This limited warranty is void if the defect has resulted from accident, abuse, or misapplication or any other use not consistent with the terms and conditions of this Agreement or Software specifications. 6.4 The Products are not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance in which the failure of the Product could lead directly to death, personal injury, or severe physical or property damage or environmental damage (collectively, "High Risk Activities"). 3D Render and its Channel Partners expressly disclaim any express or implied warranty of fitness for High Risk Activities. 6.5 EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN THIS SECTION, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. 3D RENDER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3D RENDER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS SHALL APPLY IN THE FULLEST POSSIBLE EXTENT ALLOWED BY THE APPLICABLE LAW. 7. LIMITATION OF LIABILITY 7.1 IN NO EVENT, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL 3D RENDER OR ITS SUPPLIERS BE LIABLE TOWARDS LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS, LOSS OR EXPENSE, (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OR INTERRUPTION OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY) ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT IRRESPECTIVE OF WHETHER 3D RENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL APPLY IN THE FULLEST POSSIBLE EXTENT ALLOWED BY THE APPLICABLE LAW. 7.2 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL REMEDY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL 3D RENDER OR ITS SUPPLIERS BE LIABLE FOR DAMAGES IN EXCESS OF THE OF THE PURCHASE PRICE OF THE RELEVANT PRODUCT. 7.3 The Licensee shall be responsible for taking back-up copies of its data and data files and verifying the functionality of such back-up copies. 3D Render shall not be liable for the loss of, damage to, or alteration of data or data files of the Licensee due to any cause and the resulting damage and expenses incurred, such as expenses based on the re-creation of data files. 7.4 Except for any liability of 3D Render not able to be excluded at law, the liability of 3D Render shall not exceed the price of the Software Licenses. 8.CONFIDENTIALITY 8.1 Licensee acknowledges and agrees that the Products incorporates confidential and proprietary information developed or acquired by 3D Render including but is not limited to technical or non-technical data, formulas, patterns, compilations, devices, methods, techniques, drawings and processes related with the Software. 8.2 Licensee may use confidential information solely in accordance with this Agreement and will take all reasonable precautions necessary to safeguard the confidentiality of such information. Licensee will hold in confidence and not disclose, reproduce, distribute or transmit, directly or indirectly, in any form, by any means, or for any purpose the confidential information except to those of its employees, agents, consultants or subcontractors who require access for Licensee's authorized use of the Products in accordance with the terms of this Agreement. Licensee will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Products or the related material. 8.3 Licensee shall not be restricted under this section 8 (Confidentiality) regarding information that Licensee affirmatively establishes that (i) has or becomes generally available to the public other than as a result of an act or omission of Licensee or any of its employees, agents, subcontractors or consultants (ii) was in the possession of Licensee before receiving the information or material related with the Products (iii) is independently developed by Licensee, or (iv) is required to be disclosed by law, court order or other legal process, provided that Licensee shall first provide 3D Render with prompt notice thereof. 9. CONSENT OF USE OF DATA You agree that 3D Render may collect and use technical information gathered as part of the product services provided to you, if any, related to the Software. 3D Render may use this information to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. The licensing module sends the following information encrypted to the license server: current user login name, Computer hardware ID, License key, Windows locale (to be able to localize server messages), and IP address. This information is collected and used for licensing services. Within the limits of applicable law, you have the right to check the information relating to you that we have collected. Within the limits of applicable law, you have the right to demand that false, unnecessary, deficient or outdated personal data is corrected or removed. You also have the right to forbid 3D Render from processing information relating to you for purposes of direct advertising, remote sales or other direct marketing or marketing and opinion surveys. In order to exercise the rights described above, you should send a signed written request to 3D Render's address provided in the beginning of this contract. 10 GENERAL 10.1 The terms of this Agreement may only be modified with a written agreement issued by a duly authorized representative of 3D Render. 3D Render reserves a right to change the terms of the License Agreement when introducing updates or upgrades to the Software, which you either agree or reject by pressing I ACCEPT or I DO NOT ACCEPT THE TERMS OF THE LICENCE AGREEMENT. 10.2 Licensee agrees to comply with all applicable data protection and other local laws that apply to licensee's use of the Product, and Licensee agrees to fully indemnify 3D Render against any failure of Licensee to so comply with such local laws. 10.3 This Agreement is governed by the laws of Finland, without giving effect to the conflict of law rules thereof. All disputes arising under or relating to this Agreement shall be resolved in Helsinki district court, Finland. 10.4 This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous or contemporaneous oral or written communications regarding such subject matter. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by 3D Render or a duly authorized representative of 3D Render. If any provision of these terms is held invalid, the remainder of these terms shall continue in full force and effect.