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PLEASE READ CAREFULLY. OUR PRODUCTS AND THIS LICENSE AND SERVICES AGREEMENT ARE DESIGNED FOR PROFESSIONAL USE BY BUSINESS CLIENTS AND CUSTOMERS. IF YOU ARE A CONSUMER ACCORDING TO THE APPLICABLE LAWS, AND YOU WOULD STILL LIKE TO USE OUR PRODUCTS, PLEASE FIND YOUR CONSUMER END USER LICENSE AGREEMENT JUST BENEATH THIS LICENSE AND SERVICES AGREEMENT. ONLY THE TERMS OF SUCH CONSUMER END USER LICENSE AGREEMENT SHALL BE APPLICABLE TO YOU. OUR PRIVACY POLICY IS AVAILABLE HERE FOR YOUR CONVENIENCE JUST AFTER THE COSUMER END USER LICENSE AGREEMENT.
LICENSE AND SERVICES AGREEMENT
("Agreement") THE PRODUCT IS LICENSED TO YOU UNDER THE CONDITION THAT YOU ACCEPT ANY AND ALL TERMS, STIPULATED OR REFERRED TO, HEREOF, PLEASE READ CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF CHAOS’ OR ITS AFFILIATES’ OFFERINGS, INCLUDING SUBSCRIPTIONS, SOFTWARE, CONTENT AND OTHER COPYRIGHTED MATERIALS, SOFTWARE-AS-A-SERVICE, CLOUD- SERVICES AND OTHER SERVICES, AND ACCOMPANYING DOCUMENTATION (TOGETHER, THE "PRODUCT" OR "PRODUCTS"). PRODUCT BRANDS INCLUDE, BUT ARE NOT LIMITED TO, V-RAY, CHAOS, ENSCAPE, CHAOS PHOENIX, CHAOS PLAYER, CHAOS SCANS, CHAOS COSMOS, CHAOS CORONA, CHAOS SCATTER, CHAOS VANTAGE, ETC. THIS AGREEMENT GOVERNS YOUR USE OF PRODUCTS HOWEVER THEY WERE ACQUIRED INCLUDING WITHOUT LIMITATION THROUGH AN AUTHORIZED RESELLER (AS DEFINED BELOW), OR ONLINE APP STORE. THIS IS A LEGAL AGREEMENT BETWEEN YOU, EITHER YOU PERSONALLY IF YOU HAVE ACQUIRED THE PRODUCT, AS DEFINED BELOW, FOR YOURSELF, OR ANOTHER LEGAL ENTITY WHICH HAS ACQUIRED THE PRODUCT AND FOR WHICH YOU WARRANT THAT YOU HAVE THE CAPACITY AND AUTHORITY TO BIND TO THIS AGREEMENT (REFERRED TO HEREIN AS "CUSTOMER", "END USER", "LICENSEE", "YOU" or "YOUR"), AND (A) ENSCAPE, INC., a company organized under the laws of the USA, with office address at 80 Pine Street, Floor 24, New York, NY 10005-1732, email: contracts@chaos.com, IF YOU ARE LOCATED IN THE UNITED STATES OF AMERICA; OR (B) ENSCAPE GmbH, a company organized under the laws of Germany, with office address at An der Raumfabrik 33b, 76227 Karlsruhe, Germany, email: contracts@chaos.com, IF YOU ARE LOCATED OUTSIDE THE UNITED STATES OF AMERICA IF YOU ARE LOCATED OUTSIDE THE USA, PLEASE REVIEW THE TERMS INCLUDED IN THE COUNTRY-SPECIFIC TERMS SECTION BELOW, IF ANY, WHICH APPLY TO YOUR USE OF OR ACCESS TO A PRODUCT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS IN THE COUNTRY-SPECIFIC TERMS SECTION AND THE REMAINDER OF THIS AGREEMENT, THE COUNTRY-SPECIFIC TERMS SECTION SHALL APPLY IF YOU ARE LOCATED OUTSIDE THE USA. (REFERENCES IN THIS AGREEMENT TO "CHAOS", "WE", "OUR" or "US" IN THIS AGREEMENT REFERS, AS APPLICABLE, TO INSCAPE, INC., ENSCAPE GMBH AND/OR A RESPECTIVE CHAOS AFFILIATE THAT OWNS OR OPERATES THE PRODUCT THAT YOU ARE USING OR ACCESSING PURSUANT TO AN AUTHORIZED SUBSCRIPTION) YOU MAY NOT ACCEPT THIS AGREEMENT ON BEHALF OF ANOTHER ENTITY UNLESS YOU ARE AN EMPLOYEE OR OTHER AGENT OF SUCH OTHER ENTITY WITH THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF SUCH OTHER ENTITY. CHAOS MAY AT ANY TIME ASSIGN THE AGREEMENT, AS A WHOLE OR IN PART, TO ANY OF ITS AFFILIATES, WITH OR WITHOUT PRIOR NOTICE. BY SELECTING THE "I ACCEPT" BUTTON OR OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT TO THE TERMS OF AN ELECTRONIC COPY OF THIS AGREEMENT, OR BY ACCESSING, DOWNLOADING, INSTALLING, REGISTERING, ACCESSING, EVALUATING OR OTHERWISE USING PRODUCTS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE BOUND TO THIS AGREEMENT (INCLUDING THE TERMS IN THE COUNTRY-SPECIFIC TERMS SECTION, IF YOU ARE LOCATED OUTSIDE THE USA). IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THE AGREEMENT AND/OR THE TERMS AND CONDITIONS FOR THE LICENSE SERVER, OR ANY OTHER APPLICABLE TERMS AND CONDITIONS REFERRED TO AS PART OF OUR RELATIONSHIPS AND/OR A CONDITION PRECEDENT FOR THEIR VALIDITY, YOU MUST NOT DOWNLOAD, AGREE TO THE TERMS AND CONDITIONS, CLICK OR CHECK A RELEVANT BUTTON, OR PERFORM ANY SIMILAR ACT OF ACCEPTANCE, AND/OR DO NOT USE THE PRODUCT.
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