License Agreement

Effective date: 15 June 2020. These Terms and Conditions cancel and replace all previous versions

 

End User License Agreement (EULA) for FCPX Studio Software

This End User License Agreement ("Agreement") is a legally binding contract between you, the end user ("Licensee"), and FCPX Studio ("Licensor"). By accessing, installing, or using any part of the FCPX Studio software, content, or related services (collectively, the "Software"), you agree to be bound by the terms and conditions set forth in this Agreement. Please read this Agreement carefully before using the Software.

*For the purposes of this End User License Agreement, the term "Software" shall include all plugins, LUTs (Look-Up Tables), and other software extensions designed, developed, or provided by FCPX Studio in connection with its products and services. This definition encompasses any updates, enhancements, modifications, or improvements made to the Software by FCPX Studio from time to time. By using any part of the Software as defined in this Appendix, the Licensee acknowledges and agrees to be bound by the terms and conditions of the End User License Agreement. *

 

  1. Grant of License

Licensor hereby grants Licensee a non-exclusive, non-transferable license to access, use, modify, and incorporate the Software into Licensee's projects for personal or commercial purposes, including but not limited to local, national, and international broadcast production, film, video, website, and electronic document, subject to the terms and conditions of this Agreement.

 

  1. License Restrictions
    • The Software may be installed and used on a maximum of two (2) computers at any one time, owned and operated by the Licensee.
    • Licensee shall not resell, lease, lend, or redistribute the Software, or any part thereof, to any third party, whether for profit or not. This includes, but is not limited to, sharing the Software with friends, family, or colleagues, or uploading the Software to file-sharing platforms.
    • Licensee shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices on or in the Software.
    • Licensee shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.
    • Licensee shall not use the Software to create any illegal, or defamatory content.

     

    1. No Warranty and Limitation of Liability

    Licensor provides the Software on an "as-is" basis without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event shall Licensor be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) arising out of or in connection with the use or performance of the Software or content created by users using the Software, even if advised of the possibility of such damages.

     

    1. Copyright and Licensing Information

    The titles, effects, and transitions included in the FCPX Studio Software are copyrighted by Licensor and provided on a royalty-free basis. However, some elements of the Software, such as fonts, may be subject to additional licensing conditions imposed by third parties, for which Licensor is not responsible. Licensee is solely responsible for ensuring compliance with any such third-party licensing conditions.

     

    1. Violations and Remedies

    Any violation of this Agreement, including but not limited to attempts to defraud or circumvent the terms of the Agreement, may result in legal action by Licensor, including but not limited to termination of the license granted herein, and the imposition of civil and criminal penalties, including fines and other legal remedies available under applicable laws.

     

    1. Governing Law and Jurisdiction

    This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Licensor is located, without regard to its conflict of law provisions. Licensee agrees to submit to the exclusive jurisdiction of the courts of that jurisdiction for the resolution of any disputes arising out of or relating to this Agreement.

     

    1. Severability

    If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. The unenforceable or invalid provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.

     

    1. Entire Agreement

    This Agreement constitutes the entire understanding and agreement between Licensor and Licensee with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, and agreements. Any modifications to this Agreement must be in writing and signed by both parties.

     

    1. Termination

    This Agreement is effective until terminated. Licensor may terminate this Agreement immediately upon written notice to Licensee if Licensee breaches any of the terms and conditions of this Agreement. Upon termination, Licensee must immediately cease using the Software, remove and destroy all copies of the Software in Licensee's possession or control, and provide written certification to Licensor that all such copies have been destroyed.

     

    By using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not install, access, or use the Software.

     

    IN WITNESS WHEREOF, the parties have executed this Agreement as of the date the Software is first accessed, installed, or used by the Licensee.

     

    FCPX Studio ("Licensor")