BLENDER CREATOR LICENSE AGREEMENT

IMPORTANT: PLEASE READ CAREFULLY BEFORE USING THE BLENDER CREATOR SOFTWARE. 

This License Agreement for the Blender Creator software ("License Agreement") is an agreement between NaN Technologies B.V., Meerenakkerplein 11, 5652 BJ Eindhoven, the Netherlands ("NaN") and you (either an individual or a legal entity) ("You") with respect to the software product which this License Agreement accompanies (the "Software"). 

By installing, copying or otherwise using the Software, You agree to be bound by the terms of this License Agreement. If You do not agree to the terms of this License Agreement do not install or use the Software.


1. Grant of License

Subject to the provisions of this License Agreement, NaN grants You a limited, non-exclusive, personal, non-sublicenseable, non-transferable, revocable license to use the Software at any computer You own or use. 

2. License Restrictions

Except as expressly provided under this License Agreement, or without prior written consent from NaN, or without permission by law, You may not: (a) remove or alter any proprietary, copyright or trademark notices in or on the Software; (b) modify, decompile, disassemble or reverse-engineer the Software; (c) sublicense, rent, lease, lend, assign or otherwise transfer rights to the Software.

3. Permitted copying and electronic distribution of Software

You are hereby granted permission to copy and distribute the Software without written agreement from NaN, only for non-commercial purposes.  Distributing the Software within a restricted non-public environment, such as using a local network in a company or a local network of a university, is considered a 'non-commercial purpose'. This entire License Agreement must appear in and/or accompany all copies of the Software.
Distributing the Software 'bundled' in with ANY product is considered to be a 'commercial purpose'. 

4. Intellectual Property Rights and Ownership

Title and ownership to all rights, including intellectual property rights, in and to the Software shall at all times solely and exclusively remain with NaN. The Software is protected by national and international (copyright) laws and treaties. All rights not expressly granted herein are reserved to NaN.

5. Disclaimer of Warranties

NaN provides you with the Software "as is" and with all faults. NaN explicitly disclaims all warranties and guarantees and does not make any representations with respect to the Software, whether express, implied, or statutory, including, but not limited to any (if any) warranties of or related to: fitness for a particular purpose, title, non-infringement, lack of viruses, accuracy or completeness of responses, results, lack of negligence or lack of workmanlike effort, and correspondence to description. The entire risk arising out of use or performance of the Software remains with You.

6. Limitation of Liability

In no event shall NaN or its employees, agents or suppliers be liable for any direct, indirect, consequential, incidental, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, claims of third parties, damages as a result of injury to any person, or any other loss) arising out of or in connection with the license granted under this License Agreement or the use of or inability to use the Software, even if NaN has been advised of the possibility of such damages. 
 
7. User warning and indemnification

WARNING: use of the Software and use of any works that are (partially) created with the Software (the "Works") may cause physical or psychological reactions from You or from third parties, which may result in damages, injuries, losses and/or other negative consequences. You acknowledge that NaN can not be held liable for any such damages, injuries, losses and/or other negative consequences. You acknowledge that it is your obligation to investigate, prevent and/or minimize such reactions prior to having third parties use the Works.

You shall indemnify and hold harmless NaN from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses, including but not limited to legal fees and expenses, arising out of or in connection with (i) the use of the Software by You and (ii) the use of any Works created with the Software by You or any third parties.

8. Term and Termination

This License Agreement and the license granted hereunder is effective until terminated. This License Agreement shall terminate automatically and forthwith if You fail to comply with the terms of this License Agreement. Upon termination, You shall cease the use of the Software, remove the Software from (the memory of) your computer and destroy all copies of the Software.

9. Entire Agreement

This License Agreement is the entire agreement between NaN and You in respect of the subject matter of the License Agreement. This License Agreement supersedes all prior written or oral agreements, proposals or understandings, and any other communications between NaN and You relating to the subject matter of this License Agreement.

10. Enforceability

If any provision of this License Agreement is held to be unenforceable by a court of competent jurisdiction for any reason, such provision shall be adapted or amended only to the extent necessary to make it enforceable, and the remainder of the License Agreement shall remain in effect.

11. Governing law and disputes

This License Agreement and all disputes arising from it will be governed by the laws of The Netherlands. All disputes arising in connection with this Agreement that cannot be settled amicably shall be brought before the competent court in Amsterdam, the Netherlands, to which jurisdiction NaN and You hereby irrevocably consent.

