Student License
LAST UPDATED MARCH 15, 2024
Please read this Student License (the “License”) before You download and start using the Software.
PLEASE READ THIS LICENSE CAREFULLY. IF YOU DO NOT AGREE WITH THIS LICENSE, YOU HAVE NO RIGHT TO DOWNLOAD, ACCESS OR USE THE SOFTWARE.
BY DOWNLOADING, ACCESSING, OR USING THE SOFTWARE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
You may not accept this License if You are not of legal age to enter into a legally binding contract with Zibra AI in your jurisdiction.
1. Definitions
In this License, the following terms and expressions shall have the following meanings:
“Derivative Works” shall mean any content, materials, or works that are based upon, derived from, or incorporate any content, functionality, or intellectual property of the Software, including but not limited to modifications, enhancements, adaptations, or transformations of the Software’s content or capabilities;
“License” shall mean this license which governs Your use of the Software;
“License Key” shall mean a unique code provided by Zibra AI, which allows You to activate and use the Software;
“License Term” shall mean a twelve (12) month period starting from the date of activating a License Key during which this License is valid;
“Software” shall mean “Zibra Effects”, a cross-platform GPU-based plugin for real-time Liquids, Smoke, and Fire physics simulation and rendering;
“User Content” shall mean any content or material that You create, generate, or otherwise produce using the functionalities of the Software, including but not limited to digital scenes, images, pictures, and graphical representations. The User Content shall be strictly limited to non-executable creative outputs that are the direct result of using the Software. It shall exclude, among others, any content that inherently includes or acts as a carrier for executable code;
“You” (or “Your”) shall mean an individual above 18 years old who is currently enrolled in a recognized educational institution and who has been verified Zibra AI as such; and
“Zibra AI” shall mean ZIBRA AI INC., a Delaware corporation, registration number 5298131, registered at 16192 Coastal Highway, Lewes, Delaware 19958, USA.
The Software may be currently under development and include experimental features that are enabled or disabled by default.
2. License
Subject to the terms of this License, Zibra AI grants You a temporary, worldwide, non-exclusive, no-charge, royalty-free, revocable, and limited license to install, access, and use the Software during a License Term for internal non-commercial use and the sole educational purpose.
Sublicensing of this License is strictly prohibited.
Upon the expiration of the License Term, You have the option to initiate a new eligibility verification process via support@zibra.ai to continue using the Software. If You successfully verify your eligibility, the License Term of your License will be extended for an additional term of 12 months. Failure to complete this verification process, or if verification is unsuccessful, will result in the automatic termination of your License. After the License Term expires and if verification is not initiated or is unsuccessful, your right to use the Software, including any executable code developed using the Software, shall be strictly prohibited without the prior written consent of Zibra AI.
3. Attribution
You shall attribute Zibra AI in each case of public demonstration of showcasing scenes, images, graphics, and videos developed by You using the Software. This attribution shall be visible and include the following: “Created with Zibra Effects by Zibra AI”. Non-compliance with this clause will lead to immediate termination of this License.
4. Prohibited uses
You shall not (i) modify, adapt, redistribute, decompile, reverse-engineer, disassemble, incorporate the Software into or with other products or software not contemplated by this License or otherwise attempt to derive the source code of the Software; (ii) sell, allow access to, rent, encumber, give, or sublicense or otherwise transfer to anyone the Software, or any portions thereof; (iii) allow third parties to use, modify, copy the Software and/or create Derivative Works of the Software and/or otherwise attempt to extract any or all the source code of the Software; (iv) patent the Software, any pieces of the Software or any Derivative Works based on the Software; (v) use the Software other than for the purposes indicated in this License; (vi) copy or otherwise reproduce the Software; (vii) violate in any way any applicable federal, state, local, or international law or regulation or this License; (viii) use the Software for the purposes of creation of content and/or products of any kind promoting violence, harassment and/or having pornography character or mention Zibra AI among persons related to the creation and/or promotion of creation of such content and/or products is strictly prohibited; (ix) without an express authorization of Zibra AI, use the Software in any digital representation of value, ownership, or contractual rights; (x) use the Software for the purposes of competing with Zibra AI; (xi) use the Software for direct or indirect replicating, copying, or creating any products or services that are substantially similar to or competitive with the Software both during the License Term and for a period of three (3) years following its expiration; and (xii) use the Software (or any part of it) for any commercial purposes unless otherwise specifically authorized by Zibra AI in writing or as specified in the License Key.
You agree and acknowledge that no Derivative Works created using the Software may be used for any commercial purpose. You are not allowed not share, distribute, sell, license, or otherwise commercially exploit the Software and the Derivative Works. You are, however, permitted to use, share, distribute, and display the User Content provided that it does not include objects, files, or components that contain executable code, scripts intended for execution, or any form of software programming and is in compliance with all other terms of this License.
5. Ownership
Zibra AI retains all rights, title, and interest in and to all the intellectual property (including without limitation all patent, trademark, copyright, trade dress, trade secrets, database rights, and all other intellectual property rights) embodied in or associated with the Software, source, and object code, technology and any content created or derived therefrom. You acknowledge that the License does not provide You with title or ownership to the Software, but only a right of limited use subject to this License. This License does not create any implied licenses, and Zibra AI expressly reserves all rights not expressly granted to You under this License. You shall not use the Software in any way not explicitly permitted by this License and incompliant with the ownership rights stated in this License.
6. Feedback
You may offer suggestions or feedback about the Software (“Feedback”). You grant Zibra AI a perpetual, irrevocable, non-exclusive, global, royalty-free, transferable, and sublicensable right to use the Feedback for any purpose, including improving or developing new products. Zibra AI is not obligated to offer confidentiality, credit, or payment for it, except as explicitly stated in this License.
7. User Content License
By using the Software, You grant Zibra AI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use the User Content for marketing and demonstration of the Software operation by way of posting the User Content on the official website of Zibra AI, social networks of Zibra AI, media and any other channels which may be used for the promotion of the Software.
8. Trademarks
Subject to clause 3, you shall not use the trade names, trademarks, service marks, or product names of Zibra AI without prior written consent of Zibra AI.
9. Disclaimer of Warranty
Unless required by applicable law or agreed to in writing, Zibra AI provides the Software on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Software and assume any risks associated with Your exercise of permissions under this License.
10. Limitation of Liability
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Zibra AI be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Software (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses), even if Zibra AI has been advised of the possibility of such damages.
11. Dispute Resolution
Any dispute, claim or controversy arising out of or relating to this License or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this License to arbitrate, shall be determined by arbitration in San Francisco, California office of Judicial Arbitration & Mediation Services, Inc. before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
12. Governing Law
THE LICENSE AND ANY ACTION RELATED TO IT WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS LICENSE.
[THE END OF THE LICENSE]
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