| Language: |
FACERIG
END USER LICENSE AGREEMENT (“AGREEMENT”)
BEFORE DOWNLOADING OR INSTALLING FACERIG, FACERIG CLASSIC or the UPGRADE FACERIG PRO (THE “PROGRAM”) PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT.
This Agreement is made by and between Holotech Studios S.R.L. (“Holotech”) with its principal place of development situated at Str. Emanoil Porumbaru Nr 77, et 4, Sector 1, Bucharest, Romania and any person who downloads, installs or uses the Program (“Licensee” or “You”).
BY PRESSING THE “I AGREE” BUTTON, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING THE DISCLOSURE OF CERTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION ("CONFIDENTIAL INFORMATION") BY HOLOTECH. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, DOWNLOAD OR USE THE PROGRAM OR PROMPTLY DELETE THE PROGRAM. In the event You can bypass/disable by technical means the "I AGREE” button, by installing, copying, downloading, accessing or otherwise using the Program, You shall be deemed to have agreed to be bound by the terms of this Agreement. Further, You hereby acknowledge that You choose to accept and be bound by the terms of this Agreement every time You enter or re-enter the Program. You acknowledge Holotech has provided You enough time for reviewing the terms and conditions of this Agreement before Your acceptance.
Nothing in this Agreement, shall be interpreted as granting You any rights or privileges of any kind with respect to the Program. The Program is provided on an "as is" "as available" basis and Holotech makes no warranty to You of any kind, express or implied. By accepting this Agreement, You agree that You are of legal age in Your jurisdiction and are accepting this Agreement in its entirety either on behalf of yourself or your minor child.
This version of the Program and any related software programs, official avatars or files that are provided to You (via on-line transmission or otherwise) including to 'patch,' or 'update’ (the “Software”), as well as any on-line or electronic documentation (the "Documentation"), and any and all copies and derivative works of such Software and Documentation are the copyrighted work of Holotech. This Agreement governs Your use of this Software and all related Documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license. Any use, reproduction or redistribution of the Software and Documentation not expressly authorized by the terms of this Agreement is expressly prohibited.
You agree to be bound by the following terms and conditions:
1. Grant of a Limited Use Non-Exclusive License
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SOFTWARE AND DOCUMENTATION, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HOLOTECH. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH HOLOTECH THAT CONTROLS AND ALTERS YOUR USE OF HOLOTECH PRODUCTS, THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO YOU. All title, ownership rights and intellectual property rights in and to the Software, and all copies thereof (including but not limited to any titles, computer code, official backgrounds, official background objects, official avatars, official accessories, official avatar names, catch phrases, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, methods of operation, any related documentation, avatar likeness and "applets" incorporated into the Software) and Confidential Information are owned or licensed by Holotech. The Software is protected by international copyright treaties, conventions and other laws. All rights not expressly granted by Holotech under this Agreement are reserved by Holotech. The Software may contain certain third party licensed materials and licensors of those third party materials may enforce their rights in the event of any violation of this Agreement by You.
2. Additional Terms.
a) When using the Software, You may create and save custom content. This content or its format may be reset when a particular Software build, patch or update completes the testing phase and is made available to You.
b) You agree that: (i) using the Software is done at Your own risk and that You know that the Software may include known or unknown bugs, (ii) Holotech has no obligation to make the Software available for use without charge for any period of time,
c) The Software may contain functions for collecting and tracking information related to the use of the Software. You acknowledge that Holotech may collect data derived from Your using of the Software and Holotech reserves the right to compile, save, use and analyze such information. The collection and storage of the above data is solely for the purposes of facilitating the functionality of the Software, assisting Holotech in assessing improvements to it and for digital management purposes.
d) As a licensee You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Software (“Feedback”). You agree that while the role You will play in helping Holotech develop better Software is helpful, it does not constitute a critical or vital role in the development of the Software such as to entitle You to claims of ownership or rights to receive any other compensation of any kind for Your participation. You hereby grant Holotech the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to: (i) make, have made, use, copy, modify, and create derivative works of the Feedback as part of any Holotech product, technology, service, specification or documentation; (ii) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (iii) sublicense to third parties the foregoing rights, including the right to sub-license to further third parties.
e) You acknowledge that the Software evolves over time and system requirements to use the Software may change over time. You may need to upgrade your system (or obtain a new system) to use the Software. You agree that Holotech retains the unfettered right to modify any and all aspects of the Software, and that Holotech has been making, is making, and will continue to make changes to the Software.
f) You acknowledge that Holotech may put at Your disposal in-development versions of the Program. Your use of such in-development versions does not constitute an employment Agreement or offer of such an agreement, between You and Holotech and that Holotech does not ask and/or require You to work a certain number of hours, shifts, etc. as part of Your use of the Program and that Your use is strictly voluntary and done solely for Your personal enjoyment; and, further that Holotech expects You only to use your leisure time to participate in this program, and does not expect You to forego other activities, including gainful employment, during the time You spend using such in-development versions of the Program. You may stop using these versions of the Program at any time that You wish.
g) You are obliged to check and review conditions of the Agreement and other documents forming an integral part of this Agreement regularly.
h) You are granted a license for the Program and You are permitted to use the Program modules called FaceRig, or FaceRig Classic provided you have paid the applicable licensing fees and You are either an individual, a strictly non-profit organization or a registered charity.
i) You are granted a license for the Program and You are permitted to use the Program modules called FaceRig Pro provided you have paid the applicable licensing fees. If you are a business and your total business income in the previous fiscal year was greater than the equivalent of $200 000 US dollars, you are granted only an Evaluation License, for the purpose of evaluating the Program’s performance.
The limitations listed above in paragraph i) regarding the size of the revenue in the previous fiscal year do not apply if You are are an individual, a strictly non-profit organization or a registered charity.j) You may only use the face tracking data provided by the ULSee Inc. tracker library included in the Program for the purpose of embodying and/or animating digital characters and their props.
For any other license type an additional personalized licensing agreement can be signed between You and Holotech that may include additional costs. In the event of conflicts between the provisions of this Agreement and the personalized agreement, the personalized agreement shall control.
3. Responsibilities of the Licensee
a) Subject to the Grant of License herein, You may not, in whole or in part, copy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Software, or remove any proprietary notices on or in the Software. Failure to comply with the restrictions and limitations contained in this Section 3 shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal penalties.
b) You agree that You shall not, under any circumstances: (i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor shall You rent, lease or license the Software; (ii) sell or disclose to any person or entity other than Holotech any serial key, activation code, or other unique identifier or means of authentication provided to You by Holotech; (iii) resell or rent the functionality of the Software to third parties in endeavors that include (but are not limited to) use at a cyber café, computer gaming center, convention, services marketplace (online or offline) or in any other digital or location-based site except with the express consent of Holotech. Holotech may offer a separate Site License Agreement to permit you to make this Program available for unrestricted commercial use; see the contact information at the end of the Agreement.
4. Termination
This License Agreement is effective until terminated. You may terminate this Agreement at any time by: (i) removing the Software from Your hard drive; and (ii) notifying Holotech of Your intention to terminate this License Agreement. Holotech may terminate this License Agreement at its sole discretion for any reason or no reason. In such event, You must immediately remove the Software from Your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
5. Patches and Updates
Holotech may deploy or provide patches, updates and modifications to the Software that must be installed for the Licensee to continue to use the Software. Holotech may update the Software remotely, including without limitation the Software residing on the Licensee's machine, without the knowledge or consent of the Licensee, and You hereby grant to Holotech Your consent to deploy and apply such patches, updates and modifications to the Software.
6. Permitted Use for the Audio and Video Content created with the Program
By using Program you can create audio and video content, featuring Avatars, Backgrounds and/or Accessories. This audio and video content may be kept private or made public at your discretion. Some restrictions apply, as follows:
a) The video or audio content created with the FaceRig, FaceRig Classic or FaceRig Pro versions of the Program must never be sold or gated from the public behind pay-walls, including but not limited to admission-type fees or paid subscriptions. Please contact Holotech for a product license and program version that is appropriate for the above use cases.
Notwithstanding the above the video or audio content created with the FaceRig, FaceRig Classic or FaceRig Pro versions of the Program, may be made public at events or venues where fees are collected for general admission rather than specifically or practically for the FaceRig content itself.
b) The use of the audio and video content created with FaceRig or FaceRig Classic (the “Content”) is further governed by the following limitations and licenses: if the Content is not being monetized by the Licensee, its use is governed by Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). If the content is monetized by the Licensee on video sharing websites and streaming services such as YouTube, TwitchTV or similar, and the Gross monthly revenue derived by the Licensee from this activity is less than the equivalent of 500 US dollars, then the use of such Content is governed by Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0). No other types of monetization other than the ones listed above are permitted for Content created with FaceRig or FaceRig Classic.
The limitations listed above in paragraph (b) above do not apply to the audio and video content created with FaceRig Pro.
c) The use of the audio and video content created with the Program while using any of the third-party licensed Avatars, Backgrounds or Accessories is further governed by the licensing terms referenced in Annex 1 and also by the terms listed in the original asset description text within the Program. The Licensee must verify the nature of these limitations and comply with them.
d) When creating content by using community-created assets (avatars, backgrounds or accessories etc), additional limitations on allowed content use or ownership may apply on a case by case basis, as dictated by their creators. The Licensee must verify the nature of these limitations and comply with them.
e) In the case of overlaps (videos created by using a mix of Avatars Backgrounds and/or Accessories), the most restrictive license applies.
Detailed descriptions of the Creative Commons license types can be found in digital format at
http://creativecommons.org/
7. Creation of Custom Content that interoperates with the Software
a) From time to time, Holotech may publish software, associated guidelines and specifications (“Community Tools”) to allow You to create custom avatars, backgrounds, accessories, text, sounds or other custom items that interoperate or are integrated with the Software (“Community Made Content”). You may distribute Your Community Made Content to third parties, but only for the Software permitted by Holotech, and only in accordance with the specifications that are part of the Community Tools.
b) You own the copyright to your own Community Made Content, but You grant Holotech Studios and its affiliates the following rights over your Community Made Content for DEVELOPMENT, PROMOTION AND MARKETING PURPOSES of the Community Tools, Documentation and Software: the non-exclusive, irrevocable right to use, modify, create derivative works from, distribute to Holotech's development partners, broadcast, and otherwise communicate, and publicly display your Community Made Content, and derivative works of your Community Made Content. More rights, including but not limited to sale and/or distribution of Your Community Made Content, may be given to Holotech only if they are such stated in a specific licensing agreement signed between You and Holotech. Holotech may assign or sublicense any of the before mentioned rights to third parties in its sole discretion.
c) Your Community Made Content shall not: (i) infringe any third party intellectual property or other proprietary or publicity/privacy rights, (ii) violate any law or regulation, (iii) be defamatory, profane, obscene, child pornographic or harmful to minors, (iv) contain any viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (v) alter or remove existing intellectual property notices or (iv) violate these Terms of Service;
d) You represent and warrant to Holotech that You have sufficient rights in all Community Made Content to grant Holotech and other affected parties the licenses described under (b) above. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the Community Made Content.
e) Notwithstanding anything in this Agreement to the contrary, Holotech has no support, warranty, indemnification or other obligation or liability with respect to Your Community Made Content or their combination, interaction or use with the Software. You shall indemnify, defend and hold Holotech harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim brought against Holotech by a third party relating to Your Community Made Content (including but not limited to any representations or warranties you make about Your Community Made Content) or Your breach of this Section.
8. Limited Warranty and Disclaimer
THE SOFTWARE AND DOCUMENTATION(S) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION(S) REMAINS WITH THE USER. HOLOTECH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE SOFTWARE WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HOLOTECH OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.Limitation of Liability
NEITHER HOLOTECH, NOR SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL HOLOTECH OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF HOLOTECH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Equitable Remedy
You hereby agree that Holotech would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore You agree that Holotech shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Holotech may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
11. Indemnity
At Holotech's request, You agree to defend, indemnify and hold harmless Holotech, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from Your acts and omissions to act in using the Software pursuant to the terms of this License Agreement or any breach of this License Agreement by You. Holotech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You shall have no further obligation to provide indemnification for such matter.
12. Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreement and representations, warranties or understandings between You and Holotech. It can be modified at any time by Holotech at its sole discretion. Holotech may assign this Agreement, in whole or in part, at any time. Notwithstanding, You may not assign, transfer or sublicense any or all of Your rights or obligations under the Agreement without Holotech's express prior written consent. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Holotech, its agents, or employees, but only by an instrument in writing signed by an authorized officer of Holotech. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.
This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of Romania.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Agreement shall remain in full force and effect.
13. Prevailing language
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
You may contact Holotech at the following address: info@facerig.com
Annex 1 – Third Party Avatars Backgrounds and Accessories
1. Octodad® is a registered trademark of Young Horses, Inc. (octodadgame.com) and is used under license. All audio and video content generated using the Octodad® avatar must never be gated from the public behind pay-walls, including (but not limited to) admission-type fees or paid subscriptions. Aside this limitation, Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license applies. Further limitations can be also be imposed by Young Horses, Inc.
2. The Starbound Free Avatars DLC is based on licensed designs from Chucklefish (playstarbound.com), All audio and video content generated using it must never be gated from the public behind pay-walls, including (but not limited to) admission-type fees or paid subscriptions. Aside this limitation, Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license applies. Further limitations can also be imposed by Chucklefish LTD.
3. Team Fortress assets are © Valve. Use of Team Fortress assets are governed by the Steam Subscriber Agreement.
4. Slug - Avatar representing Twitch/YouTube personality Gamerslug. Contact Gamerslug for matters regarding unlimited commercial use.
5. Pewdiepie/Pewdieverse DLC - Avatar representing Twitch/YouTube personality PewDiePie. Contact PewDiePie for matters regarding unlimited commercial use.
6. Daz Black - Avatar representing Twitch/YouTube personality Daz Black. Contact Daz Black for matters regarding unlimited commercial use.
7. DreadOut avatars - All avatars from the FaceRig DreadOut DLC are © PT Digital Semantika Indonesia. Contact PT Digital Semantika Indonesia for matters regarding unlimited commercial use.
8. Live2D avatars are © Live2D Inc. Use of Live2D avatars is governed by the terms listed on the Live2D samples web-page at http://sites.cybernoids.jp/cubism_e/samples
END USER LICENSE AGREEMENT (“AGREEMENT”)
BEFORE DOWNLOADING OR INSTALLING FACERIG, FACERIG CLASSIC or the UPGRADE FACERIG PRO (THE “PROGRAM”) PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT.
This Agreement is made by and between Holotech Studios S.R.L. (“Holotech”) with its principal place of development situated at Str. Emanoil Porumbaru Nr 77, et 4, Sector 1, Bucharest, Romania and any person who downloads, installs or uses the Program (“Licensee” or “You”).
BY PRESSING THE “I AGREE” BUTTON, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING THE DISCLOSURE OF CERTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION ("CONFIDENTIAL INFORMATION") BY HOLOTECH. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, DOWNLOAD OR USE THE PROGRAM OR PROMPTLY DELETE THE PROGRAM. In the event You can bypass/disable by technical means the "I AGREE” button, by installing, copying, downloading, accessing or otherwise using the Program, You shall be deemed to have agreed to be bound by the terms of this Agreement. Further, You hereby acknowledge that You choose to accept and be bound by the terms of this Agreement every time You enter or re-enter the Program. You acknowledge Holotech has provided You enough time for reviewing the terms and conditions of this Agreement before Your acceptance.
Nothing in this Agreement, shall be interpreted as granting You any rights or privileges of any kind with respect to the Program. The Program is provided on an "as is" "as available" basis and Holotech makes no warranty to You of any kind, express or implied. By accepting this Agreement, You agree that You are of legal age in Your jurisdiction and are accepting this Agreement in its entirety either on behalf of yourself or your minor child.
This version of the Program and any related software programs, official avatars or files that are provided to You (via on-line transmission or otherwise) including to 'patch,' or 'update’ (the “Software”), as well as any on-line or electronic documentation (the "Documentation"), and any and all copies and derivative works of such Software and Documentation are the copyrighted work of Holotech. This Agreement governs Your use of this Software and all related Documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license. Any use, reproduction or redistribution of the Software and Documentation not expressly authorized by the terms of this Agreement is expressly prohibited.
You agree to be bound by the following terms and conditions:
1. Grant of a Limited Use Non-Exclusive License
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SOFTWARE AND DOCUMENTATION, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HOLOTECH. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH HOLOTECH THAT CONTROLS AND ALTERS YOUR USE OF HOLOTECH PRODUCTS, THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO YOU. All title, ownership rights and intellectual property rights in and to the Software, and all copies thereof (including but not limited to any titles, computer code, official backgrounds, official background objects, official avatars, official accessories, official avatar names, catch phrases, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, methods of operation, any related documentation, avatar likeness and "applets" incorporated into the Software) and Confidential Information are owned or licensed by Holotech. The Software is protected by international copyright treaties, conventions and other laws. All rights not expressly granted by Holotech under this Agreement are reserved by Holotech. The Software may contain certain third party licensed materials and licensors of those third party materials may enforce their rights in the event of any violation of this Agreement by You.
2. Additional Terms.
a) When using the Software, You may create and save custom content. This content or its format may be reset when a particular Software build, patch or update completes the testing phase and is made available to You.
b) You agree that: (i) using the Software is done at Your own risk and that You know that the Software may include known or unknown bugs, (ii) Holotech has no obligation to make the Software available for use without charge for any period of time,
c) The Software may contain functions for collecting and tracking information related to the use of the Software. You acknowledge that Holotech may collect data derived from Your using of the Software and Holotech reserves the right to compile, save, use and analyze such information. The collection and storage of the above data is solely for the purposes of facilitating the functionality of the Software, assisting Holotech in assessing improvements to it and for digital management purposes.
d) As a licensee You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Software (“Feedback”). You agree that while the role You will play in helping Holotech develop better Software is helpful, it does not constitute a critical or vital role in the development of the Software such as to entitle You to claims of ownership or rights to receive any other compensation of any kind for Your participation. You hereby grant Holotech the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to: (i) make, have made, use, copy, modify, and create derivative works of the Feedback as part of any Holotech product, technology, service, specification or documentation; (ii) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (iii) sublicense to third parties the foregoing rights, including the right to sub-license to further third parties.
e) You acknowledge that the Software evolves over time and system requirements to use the Software may change over time. You may need to upgrade your system (or obtain a new system) to use the Software. You agree that Holotech retains the unfettered right to modify any and all aspects of the Software, and that Holotech has been making, is making, and will continue to make changes to the Software.
f) You acknowledge that Holotech may put at Your disposal in-development versions of the Program. Your use of such in-development versions does not constitute an employment Agreement or offer of such an agreement, between You and Holotech and that Holotech does not ask and/or require You to work a certain number of hours, shifts, etc. as part of Your use of the Program and that Your use is strictly voluntary and done solely for Your personal enjoyment; and, further that Holotech expects You only to use your leisure time to participate in this program, and does not expect You to forego other activities, including gainful employment, during the time You spend using such in-development versions of the Program. You may stop using these versions of the Program at any time that You wish.
g) You are obliged to check and review conditions of the Agreement and other documents forming an integral part of this Agreement regularly.
h) You are granted a license for the Program and You are permitted to use the Program modules called FaceRig, or FaceRig Classic provided you have paid the applicable licensing fees and You are either an individual, a strictly non-profit organization or a registered charity.
i) You are granted a license for the Program and You are permitted to use the Program modules called FaceRig Pro provided you have paid the applicable licensing fees. If you are a business and your total business income in the previous fiscal year was greater than the equivalent of $200 000 US dollars, you are granted only an Evaluation License, for the purpose of evaluating the Program’s performance.
The limitations listed above in paragraph i) regarding the size of the revenue in the previous fiscal year do not apply if You are are an individual, a strictly non-profit organization or a registered charity.j) You may only use the face tracking data provided by the ULSee Inc. tracker library included in the Program for the purpose of embodying and/or animating digital characters and their props.
For any other license type an additional personalized licensing agreement can be signed between You and Holotech that may include additional costs. In the event of conflicts between the provisions of this Agreement and the personalized agreement, the personalized agreement shall control.
3. Responsibilities of the Licensee
a) Subject to the Grant of License herein, You may not, in whole or in part, copy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Software, or remove any proprietary notices on or in the Software. Failure to comply with the restrictions and limitations contained in this Section 3 shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal penalties.
b) You agree that You shall not, under any circumstances: (i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor shall You rent, lease or license the Software; (ii) sell or disclose to any person or entity other than Holotech any serial key, activation code, or other unique identifier or means of authentication provided to You by Holotech; (iii) resell or rent the functionality of the Software to third parties in endeavors that include (but are not limited to) use at a cyber café, computer gaming center, convention, services marketplace (online or offline) or in any other digital or location-based site except with the express consent of Holotech. Holotech may offer a separate Site License Agreement to permit you to make this Program available for unrestricted commercial use; see the contact information at the end of the Agreement.
4. Termination
This License Agreement is effective until terminated. You may terminate this Agreement at any time by: (i) removing the Software from Your hard drive; and (ii) notifying Holotech of Your intention to terminate this License Agreement. Holotech may terminate this License Agreement at its sole discretion for any reason or no reason. In such event, You must immediately remove the Software from Your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
5. Patches and Updates
Holotech may deploy or provide patches, updates and modifications to the Software that must be installed for the Licensee to continue to use the Software. Holotech may update the Software remotely, including without limitation the Software residing on the Licensee's machine, without the knowledge or consent of the Licensee, and You hereby grant to Holotech Your consent to deploy and apply such patches, updates and modifications to the Software.
6. Permitted Use for the Audio and Video Content created with the Program
By using Program you can create audio and video content, featuring Avatars, Backgrounds and/or Accessories. This audio and video content may be kept private or made public at your discretion. Some restrictions apply, as follows:
a) The video or audio content created with the FaceRig, FaceRig Classic or FaceRig Pro versions of the Program must never be sold or gated from the public behind pay-walls, including but not limited to admission-type fees or paid subscriptions. Please contact Holotech for a product license and program version that is appropriate for the above use cases.
Notwithstanding the above the video or audio content created with the FaceRig, FaceRig Classic or FaceRig Pro versions of the Program, may be made public at events or venues where fees are collected for general admission rather than specifically or practically for the FaceRig content itself.
b) The use of the audio and video content created with FaceRig or FaceRig Classic (the “Content”) is further governed by the following limitations and licenses: if the Content is not being monetized by the Licensee, its use is governed by Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). If the content is monetized by the Licensee on video sharing websites and streaming services such as YouTube, TwitchTV or similar, and the Gross monthly revenue derived by the Licensee from this activity is less than the equivalent of 500 US dollars, then the use of such Content is governed by Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0). No other types of monetization other than the ones listed above are permitted for Content created with FaceRig or FaceRig Classic.
The limitations listed above in paragraph (b) above do not apply to the audio and video content created with FaceRig Pro.
c) The use of the audio and video content created with the Program while using any of the third-party licensed Avatars, Backgrounds or Accessories is further governed by the licensing terms referenced in Annex 1 and also by the terms listed in the original asset description text within the Program. The Licensee must verify the nature of these limitations and comply with them.
d) When creating content by using community-created assets (avatars, backgrounds or accessories etc), additional limitations on allowed content use or ownership may apply on a case by case basis, as dictated by their creators. The Licensee must verify the nature of these limitations and comply with them.
e) In the case of overlaps (videos created by using a mix of Avatars Backgrounds and/or Accessories), the most restrictive license applies.
Detailed descriptions of the Creative Commons license types can be found in digital format at
http://creativecommons.org/
7. Creation of Custom Content that interoperates with the Software
a) From time to time, Holotech may publish software, associated guidelines and specifications (“Community Tools”) to allow You to create custom avatars, backgrounds, accessories, text, sounds or other custom items that interoperate or are integrated with the Software (“Community Made Content”). You may distribute Your Community Made Content to third parties, but only for the Software permitted by Holotech, and only in accordance with the specifications that are part of the Community Tools.
b) You own the copyright to your own Community Made Content, but You grant Holotech Studios and its affiliates the following rights over your Community Made Content for DEVELOPMENT, PROMOTION AND MARKETING PURPOSES of the Community Tools, Documentation and Software: the non-exclusive, irrevocable right to use, modify, create derivative works from, distribute to Holotech's development partners, broadcast, and otherwise communicate, and publicly display your Community Made Content, and derivative works of your Community Made Content. More rights, including but not limited to sale and/or distribution of Your Community Made Content, may be given to Holotech only if they are such stated in a specific licensing agreement signed between You and Holotech. Holotech may assign or sublicense any of the before mentioned rights to third parties in its sole discretion.
c) Your Community Made Content shall not: (i) infringe any third party intellectual property or other proprietary or publicity/privacy rights, (ii) violate any law or regulation, (iii) be defamatory, profane, obscene, child pornographic or harmful to minors, (iv) contain any viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (v) alter or remove existing intellectual property notices or (iv) violate these Terms of Service;
d) You represent and warrant to Holotech that You have sufficient rights in all Community Made Content to grant Holotech and other affected parties the licenses described under (b) above. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the Community Made Content.
e) Notwithstanding anything in this Agreement to the contrary, Holotech has no support, warranty, indemnification or other obligation or liability with respect to Your Community Made Content or their combination, interaction or use with the Software. You shall indemnify, defend and hold Holotech harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim brought against Holotech by a third party relating to Your Community Made Content (including but not limited to any representations or warranties you make about Your Community Made Content) or Your breach of this Section.
8. Limited Warranty and Disclaimer
THE SOFTWARE AND DOCUMENTATION(S) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION(S) REMAINS WITH THE USER. HOLOTECH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE SOFTWARE WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HOLOTECH OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.Limitation of Liability
NEITHER HOLOTECH, NOR SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL HOLOTECH OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF HOLOTECH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Equitable Remedy
You hereby agree that Holotech would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore You agree that Holotech shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Holotech may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
11. Indemnity
At Holotech's request, You agree to defend, indemnify and hold harmless Holotech, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from Your acts and omissions to act in using the Software pursuant to the terms of this License Agreement or any breach of this License Agreement by You. Holotech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You shall have no further obligation to provide indemnification for such matter.
12. Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreement and representations, warranties or understandings between You and Holotech. It can be modified at any time by Holotech at its sole discretion. Holotech may assign this Agreement, in whole or in part, at any time. Notwithstanding, You may not assign, transfer or sublicense any or all of Your rights or obligations under the Agreement without Holotech's express prior written consent. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Holotech, its agents, or employees, but only by an instrument in writing signed by an authorized officer of Holotech. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.
This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of Romania.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Agreement shall remain in full force and effect.
13. Prevailing language
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
You may contact Holotech at the following address: info@facerig.com
Annex 1 – Third Party Avatars Backgrounds and Accessories
1. Octodad® is a registered trademark of Young Horses, Inc. (octodadgame.com) and is used under license. All audio and video content generated using the Octodad® avatar must never be gated from the public behind pay-walls, including (but not limited to) admission-type fees or paid subscriptions. Aside this limitation, Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license applies. Further limitations can be also be imposed by Young Horses, Inc.
2. The Starbound Free Avatars DLC is based on licensed designs from Chucklefish (playstarbound.com), All audio and video content generated using it must never be gated from the public behind pay-walls, including (but not limited to) admission-type fees or paid subscriptions. Aside this limitation, Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license applies. Further limitations can also be imposed by Chucklefish LTD.
3. Team Fortress assets are © Valve. Use of Team Fortress assets are governed by the Steam Subscriber Agreement.
4. Slug - Avatar representing Twitch/YouTube personality Gamerslug. Contact Gamerslug for matters regarding unlimited commercial use.
5. Pewdiepie/Pewdieverse DLC - Avatar representing Twitch/YouTube personality PewDiePie. Contact PewDiePie for matters regarding unlimited commercial use.
6. Daz Black - Avatar representing Twitch/YouTube personality Daz Black. Contact Daz Black for matters regarding unlimited commercial use.
7. DreadOut avatars - All avatars from the FaceRig DreadOut DLC are © PT Digital Semantika Indonesia. Contact PT Digital Semantika Indonesia for matters regarding unlimited commercial use.
8. Live2D avatars are © Live2D Inc. Use of Live2D avatars is governed by the terms listed on the Live2D samples web-page at http://sites.cybernoids.jp/cubism_e/samples