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TERMS AND CONDITIONS

FOR USE OF SOFTWARE PRODUCTS AND CLOUD SERVICES

PLEASE READ CAREFULLY.

The Product and Service are provided to You under the condition that You accept any and all terms hereof

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You (either you personally if you have acquired entitlement to use Product(s) or Service(s), as defined below, for yourself, or another legal entity, and for which you warrant that you have the capacity and authority to bind to this Agreement) (“You” or  or “Licensee”), purchased from one of the Trimble affiliates or partners around the world, Trimble SketchUp Studio which entitles You to use the Product as defined below further to an agreement by and between Chaos Software LTD EOOD, EIK (company number) 204662149,Mladost-1A, block 548 entrance B, 2nd floor, Sofia 1729, Bulgaria, (“Company”), and Trimble. These below are the terms and conditions under which You are entitled to use the Product and/or Service:

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By accepting this Agreement You also accept the terms and conditions referred to underneath, for the:

 

a. V-Ray for SketchUp End User License Agreement,
b. License Server Agreement,
c. Swarm End User License Agreement, and
d. Chaos Software Terms of Service, inseparable parts hereto.

 

If You do not agree to any or all of the terms in the Agreement, or any other applicable terms and conditions referred to as part of the relationships hereunder 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 or any Services.

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Reference to any statute includes a reference to any subordinate legislation and to any amendments, consolidation, extension or re-enactment of that statute or subordinate legislation.

The use of the words words "including" or  or "include" shall  shall not limit the general applicability of any preceding words.

The separate contracts referred to as parts of this umbrella agreement may have separate definitions as stipulated in either of them.

2.1. "Cosmos Content" means  means any digital file or other content created by Company, listed on https://cosmos.chaos.com/, that You may Use when using the Product. Cosmos Content may be available for paid or free Use, upon Company's discretion. Cosmos Content may be available only to certain regions, target groups of customers, or specific software Products where the relevant restrictions or prerequisites will be designated by the Company in user guides, relevant Company website(s), or elsewhere.

2.2. “Effective Date” means  means the date on which You accept this clickwrap Agreement or otherwise access, download, execute or use the Product, whichever occurs first.

2.3. “Computer” means  means (i) a single electronic device, with one or more central processing units (CPUs), that accepts information in digital or similar form and manipulates the information for a specific result based on a sequence of instructions, or (ii) a software implementation of such a device (or so-called virtual machine).

2.4. “Product”, as referred herein consists of (some, either of the following or all of them):the particular (a) V-Ray for SketchUp rendering simulation software, and (b) SWARM software, You chose to get licensed for, as may be specified and designated in the Product section of the Company’s web portal, as part of Trimble SketchUp Studio as defined below;

  • any other accompanying software, plug-ins and any updates or upgrades to the rendering or simulation software that Licensee may install from time to time;

  • any associated files, documentation and materials, including but not limited to installation files, binary executable files, library files, configuration files and documentation files.

2.5. "Cosmos Result" means  means Your own specific digital output generated from your Use of Products and based on Your own input materials and Cosmos Content.

2.6. “Trial License” means  means a version of Product to be used only to review, demonstrate and evaluate the Product. The Trial License may either have limited features, and/or its free use might be limited in time.

2.7. “Trial Period” is  is a limited period in which Licensee is entitled to use the Product for a time period during which Licensee is engaged in a trial of SketchUp Studio. Subject to the terms and conditions hereof, except if otherwise provided elsewhere, Company grants to Licensee the license specified below to evaluate the Product during the time period that the Licensee is licensed to use SketchUp Studio on a trial basis.

2.8. "Trimble" means  means Trimble Europe B.V., Meerheide 45, 5521 DZ Eersel, The Netherlands, or any of its authorized subsidiaries, partners or affiliates, authorized by virtue of a separate agreement to resell Chaos’ Product V-Ray for SketchUp as part of Trimble’s SketchUp Studio (“Studio”), sold as a non-transferable single user commercial subscription. Each such SketchUp Studio End User will receive a one-time package of 20 Cloud Credits with an expiration period of 90 days.

2.9. “Use” or  or “Using” means  means to access, download, execute, install, copy or otherwise benefit from using the functionality of the Product in accordance with this Agreement and/or the documentation. "Use", when specifically referring to Cosmos Content, will mean a) browsing the Cosmos Content by taking advantage of the tools provided by the Company, b) downloading Cosmos Content, on a piece by piece basis, and c) importing it in a specially designated software Product for the purpose of processing the Cosmos Content together with Your other materials so as to prepare raw input data or information such as imagery files capable of follow up rendering or otherwise processing service(s), aiming to finally achieve a Cosmos Result.

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3.5. The Product shall be authorized by a compatible license server (an ancillary license administration software used by the rendering or simulation software described hereunder, to prevent usage of unlicensed versions or copies of such rendering or simulation software, hereinafter referred to as as “License Server”). The terms and conditions for the License Server shall be arranged in a separate agreement attached for your convenience as License Server Agreement, an integral part hereto.

4. LIMITATIONS/RESTRICTIONS

4.1. You may NOT:

 

a. make copies or otherwise reproduce the Product, except for installing it on Licensee's computers and for back-up copies as specified above;
b. use the Product to develop a new product with the same or similar main function;
c. redistribute or give the Product, either in part or in whole, as originally provided or modified, away in any way (lease, rent, loan, charge, donate, exchange, share or other) to any third parties. You are not allowed to sell (except if permitted by applicable law), transfer, assign or grant access to the Product to any third party and You ensure that Product (accessed either locally or remotely) is used only by You personally, in case You are an individual, or by Your employees, on Your behalf, in case You are a legal entity, and You are responsible for compliance with the terms of this Agreement by its employees. You shall notify Company in a timely manner if You becomes aware of any unauthorized use of the whole or any part of the Product by any third party. The notification shall be made to: contacts@chaosgroup.com;
d. use the Product for commercial rendering services that provide third parties with contracted/on demand rendering or simulation services, unless you acquired a render-farm license;
e. create any derivative works or make any translation, adaptation, arrangement and any other alteration of the Product or make any reproduction, distribution, communication, display or performance to the public of the results of such acts;
f. adapt or reverse compile or reverse engineer or otherwise tamper the whole or any part of the Product;
g. remove or alter any copyright or other proprietary notice from the Product;
h. use any of the Product's components, files, modules, audio-visual content, or related licensed materials separately from the Product;
i. use the Product in a manner that infringes any third party's copyrights or any other rights;
j. participate in any illegal, deceptive, misleading or unethical practices and activities, which may be detrimental to Company or the Product, including but not limited to, using the Cosmos Content to create a Cosmos Result of pornographic nature;
k. use a number of concurrent users of the Product that exceed the number of licenses acquired. Additional licenses can be added from time to time as such licenses are acquired;
l. use the Product for commercial purposes, unless you acquired Advanced / Commercial or Render Service Provider License;
m. sell, productize or otherwise distribute any individual Cosmos Content on a standalone basis. You may sell, productize or otherwise distribute Cosmos Content that is integrated in a Cosmos Result.

5. CONFIDENTIALITY AND NON-DISCLOSURE

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7.1. You acknowledge and agree that in order to acquire and use the Product, You (and third parties acting on Your behalf) may have to provide, and the Company and its resellers (and third parties acting on behalf of the Company and its resellers) may acquire, certain personal information and data with respect to You. By accepting the Agreement You hereby consent to the Company processing such information and dataCompany processes Your personal data on contractual basis. The Company is a data administrator controller and as such the Company takes appropriate technical and organizational measures to protect Your personal information and data, if any. Personal information and data provided to the Company in connection with this Agreement may be processed in Bulgaria or any other country within the European Union (EU) in which the Company maintains facilities. By acquiring the Product, You consent to the transfer of such information outside of Your country under terms and conditions which ensure the fair protection of data subject’s rights. In any case such personal information and data will be processed only for the purposes of this Agreement and for the time it is effective, unless the applicable laws provide otherwise, in which case the wider limits imposed or implied by law will prevail. Any premature revocation or repudiation of data subject’s consent entitles the Company to immediately terminate any associated rights and/or obligations which the Company at its free discretion may consider will not be able to further fulfil.

7.2. Personal information and data may be processed only for the performance of this Agreement, for administration and authentication purposes necessary for the execution of the Agreement, compliance with a legal obligation or to respond to support inquiries.

or its subsidiaries, affiliates or resellers maintain facilities. Some of our affiliates, subsidiaries and resellers are located outside the EU. In principle, the Company aims not to disclose personal information outside the EU and the EEA, or at least limit the cross-border data transfers to a minimum. Only in case one of our affiliates, subsidiaries and resellers are located or uses servers located outside of the EU or the EЕA, and it is absolutely necessary, the Company may transfer personal data outside of the said boundaries. However, in such cases the Company shall ensure that adequate measures for protection of Your personal data are in place and that the requirements of the applicable legislation are met before a cross-border transfer of personal data is executed.

7.2. Personal information and data may be processed only for the performance of this Agreement, for administration and authentication purposes necessary for the execution of the Agreement, compliance with a legal obligation or to respond to support inquiries. In a very limited number of cases the Company processes Your personal data based on legitimate interest, but only after the Company has carefully assessed that such interests does not concern the fundamental rights and freedoms of the data subject.

7.3. Please note that Your personal information may be collected and processed in order to detect, prevent, or otherwise address non-valid use such as through fraud and software piracy (e.g., to confirm that software is genuine and properly licensed) and to protect You, the Company, and/or third parties in furtherance of our legitimate interests. Using non-valid software is an act of copyright infringement, which may result in both civil and criminal penalties. Further, this Agreement requires all customers to use the Product in compliance with all applicable laws and further prohibits any act of unauthorized use, access or reproduction. The Company works with third party service providers to investigate the sale and use of non-valid software and in case of suspicions of software privacy the Company may share personal data of suspected individuals to those third parties provided all applicable legislative requirements are followed. The Company reserves all rights to take actions against unauthorized resellers of the Product on popular marketplaces and e-commerce sites, as well as to investigate anonymous reports of suspicious resellers and users of non-valid Product and software.

7.47.3. The Company may provide personal information and data to its subsidiaries and affiliates, resellers or partners, including but not limited to Trimble, in connection with the provision, maintenance, administration or usage of the Product. Personally identifiable information and data will not be disclosed to external third parties not described in Company’s the Company's Privacy Policy without Your consent. The Company may, however, be required, by law or otherwise, to provide personal information and data to authorized organizations. Your account is password protected and all information is on a secure server, which only a limited number of the Company's employees personnel can access. If You suspect that someone else knows Your password, or is using it, You shall inform the Company and change Your password immediately.

7.45. The Company will keep Your personal information and data for as long as necessary to fulfil the above purposes or as provided for by law. You may modify and correct incomplete or inaccurate data at any time by notifying the Company of any change to dpo@chaosgroup.com. Any request for deletion of Your personal data may result in immediate termination of this Agreement and Your right to use the Product, which will become effective upon expiration of Your prepaid period. become effective upon expiration of Your prepaid period. For additional information related to Your personal data, please read carefully our full Privacy Policy at: https://www.chaosgroup.com/privacy. Please note that Company may revise from time to time its Privacy Policy, and its most up to date version You can find on https://www.chaosgroup.com/privacy.will always be available on the link listed above

8. LIMITED WARRANTY

8.1. REFUNDS AND RETURN POLICY, IF ANY, OF TRIMBLE APPLIES.

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12.11. The Company uses Google Analytics, a web analytics service provided by Google, Inc. (e.g., to evaluate your use of the Product, compile reports on activity, and process collected information relating to the Product usage). Google Analytics uses first-party cookies that store information, such as time, previous usages, etc. Google Analytics data is classified as confidential information. Google Analytics product helps businesses and site owners analyze the traffic to and the usage of their apps and websites. For further information, You should refer to Company’s Privacy Policy at https://www.chaosgroup.com/privacy and the Google's privacy policy for further details.

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12.14. V-Ray and the V-Ray logo, Phoenix FD and the Phoenix FD logo, and ChaosGroup and ChaosGroup logo are registered trademarks of Chaos Software OODEOOD. All other brand names, product names, or trademarks belong to their respective holders.

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1.1. License Type will be clearly indicated in the relevant Product section and/or supporting documentation identifying the Product as

Advanced or  or Commercial, i.e., full, regular version of the Product or a special tailored edition created for the purposes of SketchUp Studio;

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2.1. Subject to Your continuous compliance with the Agreement and the restrictions agreed between You and Trimble (or the Company), You are granted hereby, and You accept, a non-exclusive, non-sublicensable and non-transferable (except if the latter is permitted by applicable law) right and license:

 

a. to install the Product on as many of Your computers as You wish to, provided that You may not, as clearly stipulated hereunder in greater details, at the same time use the Product on more computers than the number of the available licenses authorized by the License Server;
b. to load the Product, to execute it, to use it, to transmit it to a distance, to keep it on a computer storage device;
c. to create a back-up copy of the Product, if that is needed for the specific use that the Product has been acquired for and You keep all copyright notices and other marks of ownership on each copy, or partial copy, of the Product. The back-up copy is for Your own internal use only and cannot be provided to any third parties;
d. to benefit commercially from using the Product in the authorized manner considering the restrictions in contained hereunder or in another agreement by and between the parties hereto;
e. to use the Product, as defined below, and to use up to the number of concurrent licenses of the Product as have been licensed and paid for at any one time considering applicable restrictions. The Product is in use for the duration that it keeps engaged a license from the license server;
f. to use the Product as may be additionally restricted and limited by SketchUp Studio terms and conditions, in this End User License Agreement, the Product section and/or supporting documentation.

 

2.2. Available Licenses (depending on the Product You choose to be licensed) may be some, either of the following or all of them:

2.2.1. For the Product:

 

a. Workstation license.

...

 One Workstation license entitles You to use the graphical user interface (GUI) of the Product (except VRscans plug-in) only on one computer or another technical device, respectively, at any one time and You may use only one running copy of the Product (except VRscans plug-in) for local, distributed or network frame-by-frame rendering at any one time. The rendering can be performed either on the same machine where the GUI license is used, or on another machine in the network.
b. Universal Render node.

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 One Universal Render node license entitles You to use one running copy of the Product (except VRscans plug-in) for local, distributed or network frame-by-frame rendering at any one time.

 

2.2.2. The term of each of the licenses acquired under the End User License Agreement is concurrent with the term of Licensee’s license to use SketchUp Studio.

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4.5. You may not, in addition to any other restrictions contained elsewhere:

 

a. use the Product without payment of the attributable license fees after expiration of the Trial License.
b. benefit commercially from using the Product in the authorized manner.

 

4.6. The Trial License may be limited with a term and will be effective until terminated or You chooses to use the Product under the standard terms and conditions for the Product, in return for a license fee, stipulated in the other sections of this Agreement, whichever occurs earlier.

...

1.1. Grant of non-sublicensable, non-exclusive, non-transferable (except if the latter is permitted by applicable law) right and license:

 

a. to install the License Server, to load it, to view it on a computer screen, to execute it, to use it, to transmit it to a distance, to keep it on a computer storage device;
b. to create a back-up copy of the License Server, if that is needed for the specific use that THE LICENSE SERVER has been acquired for and You keep all copyright notices and other marks of ownership on each copy, or partial copy, of the License Server, if any. The back-up copy is for Your own internal use only and cannot be provided to any third parties;
c. to benefit commercially from using the License Server in the authorized manner considering the restrictions below.

 

1.2. The Company licenses to You the rights referred to above for 1 (one) copy of the License Server.

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1.4. By this License Server Agreement no intellectual property rights of Company, or other rights not specified herein, respectively, are being transferred or licensed to You.

 

2. RIGHTS AND OBLIGATIONS OF THE COMPANY

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3. YOUR RIGHTS AND OBLIGATIONS

3.1. You shall not:

 

a. make copies or otherwise reproduce the License Server except for back-up copies made only for their own usage and which cannot be provided to any third parties;
b. replicate the dongle, if any;
c. use the License Server, the dongle and/or the license files to develop new software which is substantially similar to the expression of the License Server and/or the license files;
d. redistribute or give away in any way (lease, rent, lend, donate, exchange, share or other) the License Server,the dongle, and/or the license files to any third parties. You are not allowed to sell, transfer, assign or grant access to the acquired License Server, the dongle and/or the e. license files to a third party. You ensure that the License Server, the dongle and the license files are used only by You personally, in case You are an individual, or by Your employees, on Your behalf, in case You are a legal entity, and You are responsible for compliance with the terms of this License Server Agreement by Your employee;
e. The License Server, the dongle and the license files cannot be used for commercial render-farm service that provide third parties with contracted/on demand rendering services. Render-farm service providers will need a separate agreement with the Company;
f. make any translation, adaptation, arrangement and any other alteration of the License Server and/or the license files or make any reproduction, distribution, communication, display or performance to the public of the results of such acts;
g. adapt or reverse compile or reverse engineer the whole or any part of the License Server;
h. adapt or reverse engineer or otherwise tamper with the dongle and/or the license files;
i. remove or alter any copyright or other proprietary notice from the dongle and/or the license files;
j. use the License Server and/or the dongle and/or the license files in a manner that infringes any third party's copyrights or any other rights;
k. participate in any illegal, deceptive, misleading, unethical practices and activities which may be detrimental to the Company.

 

3.2. You shall notify the Company immediately if You becomes aware of any unauthorized use of the whole or any part of the License Server and/or the dongle and/or the license files by any third party. The notification shall be made to: contacts@chaosgroup.com.

3.3. You shall be entitled only to the rights specified in this License Server Agreement.

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4.1. License Server may include one or more protection schemes to prevent usage of unlicensed copies of the Products, as follows:

 

a. the dongle, and/or
b. an internet connection to the Company's online licensing service, and/or
c. the license files

 

4.2. If the dongle proves to be defective within 24 months from the receipt, and the defect is not a result of physical damage, improper handling or any other improper use as specified by the manufacturer, the Company shall replace it after receiving the defective one. All shipping costs and any other taxes are to be covered by You.

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These Terms of Service ("Terms") are a legal agreement for use of Services. You agree to these Terms on behalf of the company or other legal entity for which you are acting (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual (in either case, "You"). You represent and warrant that You have the right, authority and capacity to act on behalf of and bind such entity (if any) and yourself. If you do not have the right, authority or capacity to legally bind You to these Terms, You do not have the right to access or use the Services.

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  1. "Additional Agreement" means an agreement (1) for an Other Chaos Product (if any) or (2) that You and Chaos otherwise agree in writing constitutes an Additional Agreement and includes certain terms and conditions for access or use of the Service or Software. Additional Agreements include, without limitation, the EULA, SLA, Subscription Terms and Membership Terms as applicable.

  2. "API" means the standard applications programming interface information generally provided by Chaos to users of the Offering that specifies the requirements for interfacing to the Service or Software included in such Offering. API does not include any implementation of such interface information, any Materials or Software.

  3. "Beta" or "Trial": Offerings identified as "Beta", "Labs" or "Pre-Release" or made available as "free" or "trial" in other testing mode, or without requirement of payment for an Other Chaos Product ("Free Services", in the meaning of Services provided without obligation for payment or any additional consideration, other than receiving Feedback, or other valuable consideration which tangible value may not be easy to estimate), may be subject to additional terms and conditions that appear in connection with Your use of the Free Services and are incorporated into these Terms by reference. Beta or Trial specific terms and conditions include, without limitation, that when You are offered Beta or Trial Offering/ Service:

    • You are entitled to participation based on Your commitment to participate and test the Beta or Trial Offering/ Service, where lack of sufficient participation is a good and sufficient cause for Chaos to remove You from the Beta or Trial service;

    • You are entitled to a single account only, whilst Chaos at its discretion may renew Your account upon expiration and/or enable additional account(s) of Your;

    • Generally, You may use Offering/ Service solely for Your internal, non-productive business purposes, and solely: (a) to evaluate the technical and commercial viability of the Offering/ Service; (b) to evaluate the reliability and functionality of the Offering/ Service in a working environment; (c) to determine whether the features of The Offering/ Service perform as designed and are useful; (d) to determine whether the Offering/ Service will work for its intended purpose; and (e) to create and provide to Chaos voluntary suggestions and technical feedback regarding the Offering/ Service, including suggestions regarding viability and functionality of the Offering/ Service. If You submit feedback or suggestions about the Offering/ Service, Chaos may use Your feedback or suggestions without obligation to You;

    • Parties acknowledge and agree that either party hereto (the "Disclosing Party") may disclose to the other party (the "Recipient") certain business and/or technical information of a confidential and proprietary nature. "Confidential Information" means any proprietary information, trade secret or other non-public information that Disclosing Party delivers or communicates to the Recipient or to which the Recipient otherwise gains access to hereunder. Confidential information may be used only internally and only in conjunction with and for Recipient's own authorized internal use. Recipient shall maintain the confidentiality of the Disclosing party's Confidential Information and may not disclose, distribute or otherwise provide it to third parties, except in cases where such information is required by applicable law or court order and a prompt advance notice to Disclosing party has been sent to enable the latter to seek a protective order or otherwise prevent such disclosure.

  4. "Chaos Parties" means Chaos and its affiliates, agents and suppliers and each of their respective officers, directors and employees.

  5. "Claim" means any claim, suit or proceeding arising out of or in connection with: (1) Your Content/ Result or use of Your Content/ Result, including, without limitation, any assertion that Your Content/ Result or the use thereof may infringe any copyright, trademark, or other intellectual property or other rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials or use thereof caused death or bodily injury or damage to the real or tangible property of any third party; (2) any breach of or failure by You or Your Users to comply with applicable laws, these Terms or any Policies or Additional Agreements; or (3) use of the Offering by You (or anyone who accesses the Service through You).

  6. "Client Software" - access to the Service may require use of one or more Software programs (such as upload tools, etc.) that are made available for download by Chaos and are designed to be installed and used on a Computer, as a free or paid program as may be instructed from time time by Chaos, for the purposes of enabling use of the Service.

  7. "Computer" means (1) a single electronic device, with one or more central processing units (CPUs), that accepts information in digital or similar form and manipulates the information for a specific result based on a sequence of instructions, or (2) a software implementation of such a device (or so-called virtual machine, if specifically allowed for use with regard to Software and/or Offering by Chaos); or (3) a mobile device designed for processing digital or similar information.

  8. "Content" means, collectively, (a) any files, designs, models, data sets, images, documents or similar material submitted or uploaded to the Service by You ; (b) any software application, plug-in and other computer program or similar material (including any modules and components, functions and features of a computer program) developed by You using the API and/or Materials.

  9. "Documentation" means any technical requirements and end-user documentation for the Service made available to You by Chaos.

9a. “Educational” or “Academic” is an Offering limited to Your educational purposes only. Whenever You are provided an Educational, also referred to as Academic, Offering, You acknowledge, understand, recognize and agree that it is an Offering limited to Your educational purposes, and is only available for licensees that are academic or educational institutions or individuals that are students or educators. Academic or educational institutions are defined as those dedicated to education, including public and private universities, colleges, junior colleges, elementary, middle, high schools, and technical schools which are accredited by a state or other appropriate governmental agency or organization. Student/ educator is a person who can confirm enrollment / employment at a degree-granting educational institution. The Company may decide not to charge a full license fee and this, plus additional relevant terms and conditions, will be clearly indicated in the relevant Offering section.

  1. "Effective Date" means the date You first agree to these Terms and these Terms become effective on.

  2. "Entitlements" means Your entitlement(s) to use the Service (such as maximum capacity, transactions, output, hours or other measurements of use, term or duration and any other entitlements specific to such Service) as determined by the Other Chaos Product, stand-alone Service or type or level of Subscription or Membership You subscribed to or licensed. Entitlements also include any other information about entitlements to access and use the Service which are set forth on the Entitlement Site and Portal (including, without limitation, the description of the Service, Documentation and minimum technical requirements for the Service).

  3. "Entitlement Site" means a website owned or operated by or for Chaos through which You can view Your specific Entitlements. For some Services, access to the Entitlement Site may be through functionality within Your Other Chaos Product or Service.

  4. "EULA" means the end user license agreement(s) provided or referenced by Chaos in connection with the Other Chaos Product to which the use of Software is subject to.

  5. "Feedback" means any suggestions, feedback, improvement requests or other recommendations You or Your Users provide, relating to the Services.

  6. "Materials" means SDKs (software development kits) and other toolkits, libraries, scripts, reference or sample code, and similar developer materials included in the Offering.

  7. "Metrics" means information about You and Your use of the Offering (which may include storage space used, features of the Service used, metadata, index and similar information about the content stored, processed or accessed using the Offering and similar information). Metrics also includes information about You and Your users that You provide in connection with Your use of the Offering, including Personal Information (the collection, storage and use of which will be subject to the Privacy Policy).

  8. "Membership" means a membership or subscription that You purchased that entitles You (in addition to other benefits) to access and use the Service.

  9. "Membership Terms" means the terms for a Membership that may be set forth by Chaos, as they may be modified from time-to-time by Chaos in accordance with its terms.

  10. "Offering" means the Service and any and all content, sample data sets, sample models or other sample content, information, data or materials provided by Chaos hereunder or viewed or generated in connection with the Service (including, without limitation, any output, Results, recommendations or projections based upon Your Content or otherwise) or any related subject matter.

  11. "Order Form" means a form completed by or on behalf of You and submitted to Chaos (or by a reseller or distributor authorized by Chaos), directly or indirectly, in connection with Your order for the Service or an Other Chaos Product.

  12. "Other Chaos Product" means any additional Chaos Product that You acquired, licensed, joined or subscribed to which entitles You to access and use the Offering. An Other Chaos Product may be (1) a stand-alone product or service, (2) a Subscription, (3) a suite of products and/or services; or (4) a Membership.

  13. "Personal Data" or "Personal Information" has the meaning set forth in Chaos Privacy Policy and/or governing laws.

  14. "Policies" mean any and all other terms and conditions which may be incorporated into these Terms by reference.

  15. "Portal" means the website(s) owned or operated by or for Chaos that is associated with the Service.

  16. "Privacy Policy" means Chaos's [Privacy Policy](https://www.chaosgroup.com/privacy) as currently available at Portal, as it may be modified from time to time in Chaos's sole discretion.

  17. "Result" means Your specific output generated from the Service, if any, based on Your own Content, i.e. raw input data or information.

  18. "Service" means a web-, or cloud-based service requiring a connection to the Internet and that Chaos makes available through an Other Chaos Product or the Portal.

  19. "SLA" means any service level agreement that Chaos may make available to You in connection with the Service. Generally available service level agreements, if any, will be posted on Portal or any successor or supplemental web page of Chaos, as they may be modified from time to time.

  20. "Software" means any computer program or similar material, including any modules and components, functions and features of a computer program, made available by or for Chaos for use as part of the Service (whether by download or as a hosted solution).

  21. "Special Terms and Conditions" means any additional specific terms and conditions for access and use of a particular Service which may be set forth by Chaos at a location where a user may order or register for, or that is displayed in connection with ordering or registering for, such Services (e.g., a web page) or, if there are no such terms, at any web page of Chaos, as they may be modified by Chaos from time-to-time in its discretion.

  22. "Subscription" means a subscription, if available, that You purchased to a Chaos product that entitles You (in addition to other benefits) to access and use the Service.

  23. "Subscription Terms" means the terms and conditions applicable to a Subscription set forth by Chaos, as they may be modified from time-to-time by Chaos in accordance with its terms.

  24. "Terms" means, collectively, these Service Terms and the Special Services Terms, Entitlements and Policies, and other terms and conditions referred to hereunder.

  25. "Third Party Materials" means any files, content, designs, models, data sets, project information, materials, documents, computer programs or similar material (including, without limitation, any modules and components, functions and features of a computer program), media, audio, images, names, email addresses, comments, notes, links and other content, data, information, applications and services made available to You by any third party through or in connection with a Service or any website owned or operated by or for Chaos.

  26. "Users" means Your individual employees and Your consultants, contractors, agents and others with whom you conduct business for the internal purposes of Your enterprise, for whom You have purchased subscriptions to a Service who access and use the Service only for Your benefit or as part of Your project.

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2. RESTRICTIONS AND LIMITATIONS

2.1. This is an an intuitо personae contract  contract for Service that is personal to You, and You may not personally, nor You may permit any third party to:

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4.4. When you upload, submit, store, send or receive Content to or through the Service, You give Chaos (and those working with Chaos) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your Content works better with the Service), communicate, publish, publicly perform, publicly display and distribute Content. The rights You grant in this license are for the limited purpose of operating, promoting, and improving Service, and to develop new ones. This license continues even if You stop using the Service. Service may offer You ways to access and remove Content that has been provided to Service. Also, there might be settings that narrow the scope of Chaos use of Content submitted in Service. Make sure You have the necessary rights to grant us this license for any Content that you submit to the Service. Our automated systems analyze the Content to provide Chaos clients personally relevant product features. This analysis occurs as the Content is sent, received, and when it is stored.

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8.1.4 Chaos will keep Your personal information and data for as long as necessary to fulfil the above purposes or as required by law. You may modify and correct incomplete or inaccurate data at any time by notifying Chaos of any change to [dpo@chaosgroupdpo@chaosgroup.com](mailto:dpo@chaosgroupdpo@chaosgroup.com).

8.2. Software, Materials and Offerings may contain technology to collect anonymous usage data, including but not limited to render times, settings and used features. Usage data will not contain any information that may be used to identify You or Your Users personally. However, such technology may inadvertently collect information which may identify you as an individual or organization, in which case the data privacy rules will apply. Usage data will be collected only after explicit authorization by You and Your Users and can be reviewed and disabled by You and Your Users at any time. Usage data in raw or aggregated form may be transmitted to third party servers over the Internet, which may be or may be not under control of Company. Company may generate and publish summary reports based on the data obtained. Such reports may be made available in machine readable format to third parties for further analysis, generally for the purpose of improving the quality of the products and the services provided by Company to You and Your Users, or the public.

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12.9.Notices in connection with these Terms by You will be in writing and will be sent by electronic mail to [contacts@chaosgroupcontacts@chaosgroup.com](mailto:contacts@chaosgroupcontacts@chaosgroup.com), postal service, or a delivery service (such as UPS, FedEx or DHL), except that You may not provide notice to Chaos of an Chaos breach by electronic mail. Notices from Chaos to You will be effective (1) in the case of notices by email or website posting, one (1) day after sending to the email address provided to Chaos or posting on the applicable web site, or (2) in the case of notices by mail or delivery service, five (5) days after sending by regular post or delivery service to the address provided to Chaos. You hereby consent to service of process being effected on You by registered mail sent to the address set forth on Your Order Form (or, if no Order Form has been provided, Your last address known by Chaos) if so permitted by applicable law. Notices from You to Chaos will be effective (a) in the case of notices by email, one (1) day after sending to (and receipt by Chaos), or (b) in the case of notices by mail or delivery service, when received by Chaos at their then-current headquarter address as indicated on their Portal. If You have a Subscription or Membership, either party may also provide notice as set forth in the Subscription or Membership Terms.

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12.12.Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.

You can access a copy of these terms on the Chaos website or any successor or supplemental web page of Chaos.