END USER LICENSE AGREEMENT (EULA)

End User License Agreement
TVPaint Animation 11
© 1991-2020 TVPaint Développement. All Rights Reserved.

----- START OF FFMPEG SECTION -----

FFmpeg is distributed under the GNU Lesser General Public License (LGPL) version 2.1 or later.

However, FFmpeg incorporates several optional parts and optimisations that are covered by the GNU General Public License (GPL) version 2 or later. If any parts are subject to the GPL, the GPL applies to all of FFmpeg.

TVPaint Développement provides a utility enabling the use of FFmpeg without the need to enter command lines.

This version of the TVPaint Animation 11 software provides external libraries (called loader/FFmpeg.dll, saver/FFmpeg.dll) and includes FFmpeg project libraries.

Like the loader/FFmpeg.dll, saver/FFmpeg.dll libraries are linked statically to the FFmpeg libraries, this means that the loader/FFmpeg.dll, saver/FFmpeg.dll libraries are also under LGPLv2.1 license or later.

However as the TVPaint Animation 11 software is dynamically linked to the loader/FFmpeg.dll, saver/FFmpeg.dll libraries, it IS NOT under LGPLv2.1 license. Its license is this End User License Agreement without the “FFMPEG SECTION".

TVPaint Développement only holds source code copyright over the TVPaint Animation software with respect to all content outside this FFmpeg section and does not hold copyright over the other executables owned by FFmpeg or binaries owned by FFmpeg included in the installer.

The sources, options and compilation projects to generate loader/FFmpeg.dll, saver/FFmpeg.dll can be downloaded from our website (http://www.tvpaint.com), wherever there is a download link to TVPaint Animation 11 that uses the loader/FFmpeg.dll, saver/FFmpeg.dll libraries.

The authors, source code and any other information regarding the FFmpeg project itself can be found at this address: http://ffmpeg.org.

None of the following terms (after “END OF SECTION FFMPEG”) of this End User License Agreement applies to the libraries used in FFMPEG.

----- END OF FFMPEG SECTION -----

----- START OF WIBU SECTION -----

Important Notice for All Users
This software contains components of WIBU-SYSTEMS AG, Karlsruhe, that are protected by copyright.
Their use is contingent on the presence of a license agreement covering the intended use or on another form of entitlement to their use.
The full or partial and temporary or permanent copying of the software (e.g. to a hard drive or other storage medium) or loading of the software into the computer’s working memory is already considered use of the software.
Wibu-Systems will take legal action and seek compensation or injunctive relief under civil law in the case of the violation of this opyright.
Employers are liable for the actions of their employees.

----- END OF WIBU SECTION -----

IMPORTANT: THIS END USER LICENSE AGREEMENT FOR SOFTWARE (“EULA”) IS A CONTRACT BETWEEN THE LICENSEE AND TVPAINT DEVELOPPEMENT. READ IT CAREFULLY BEFORE FINISHING INSTALLATION AND USING THE SOFTWARE. THIS LICENSE AGREEMENT AUTHORISES THE LICENSEE TO USE THE SOFTWARE AND CONTAINS INFORMATION ON LIMITATIONS OF LIABILITY AND WARRANTIES. BY INSTALLING AND USING THE SOFTWARE, THE LICENSEE ACKNOWLEDGES ACCEPTANCE OF THE SOFTWARE AND BEING BOUND BY THE TERMS OF THIS AGREEMENT.
IF THE LICENSEE DOES NOT WISH TO ACCEPT THIS AGREEMENT, OR IF THE LICENSEE DOES NOT HAVE THE RIGHT, THE POWER OR THE AUTHORITY TO ACT ON BEHALF OF THIS ENTITY OR TO ENTER INTO AGREEMENTS OR ACT ON HIS/HER OWN ACCOUNT AS A NATURAL PERSON (IN THE ABSENCE OF SUCH AN ENTITY), DO NOT CLICK ON THE “I ACCEPT” BUTTON OR ON ANY OTHER BUTTON OR SYSTEM USED TO ACCEPT THE AGREEMENT AND DO NOT INSTALL, COPY OR USE THE SOFTWARE IN ANY WAY, WHETHER IN WHOLE OR IN PART;


NON-ACCEPTANCE OF THIS AGREEMENT WILL NOT GIVE RISE TO THE RIGHT TO ANY REIMBURSEMENT.

THIS EULA REFERS ONLY TO THIS SOFTWARE PROVIDED BY TVPAINT DEVELOPPEMENT.


1. Definitions

1.1. “TVPaint Développement” corresponds to the company SARL TVPaint Développement.

1.2. “Licensee” means (a) the company or other legal person on whose behalf the Software Licenses are purchased or (b) in the absence of such an entity, the natural person who accepts this Agreement. For clarity, “Licensee” simply refers to one, specifically identified natural or legal person but does not refer to either subsidiaries of, or companies affiliated to, this legal or natural person, nor any other person associated therewith.

1.3. “Agreement” refers to this License Agreement, which may be amended periodically in accordance with the provisions hereof.

1.4. “Software” corresponds to only the TVPaint Développement software program(s) and third-party software supplied by TVPaint Développement, the corresponding documentation, associated media, printed, electronic or online materials.

1.5. “Reseller” refers to a distributor or reseller authorised directly or indirectly by TVPaint Développement to distribute Software licenses to the Licensee.

1.6. “Dongle”: A Dongle is either a hardware component that connects to a USB port (physical dongle) or a virtual component (virtual dongle). It can be used to protect the software, and both kind of dongles can incorporate either the WIBU-SYSTEMS AG technology or the THALES technology.
If the license is normally protected (protection against copying) by means of a USB dongle, the latter is essential for the purposes of software usage and from a legal perspective. In the case of the physical failure of the USB dongle (namely in the event of a USB dongle failure even if it does not show any external damage), this will be replaced without charge. In the event of loss of the USB dongle, it will be necessary to repurchase the Software License at the price of the installed Software License applicable at the date of loss.

1.7. “Upgrade” refers to a full commercial version that succeeds or replaces an earlier version (and which may include error corrections, patches, provisional modifications, updates and upgrades or may improve or enhance the functionalities or functions of the earlier version) for which TVPaint Développement generally applies a separate fee.

1.8. “Student” refers to a natural person who (i) at the time of installation of the Software is registered at a recognised educational establishment allowing him/her to obtain a qualification or certificate within the framework of an educational programme of at least nine (9) months and who, (ii) on the request of TVPaint Développement, can provide proof of such registration.

1.9. “Earlier version”, in relation to any current version, refers to an earlier version of the software which the current version succeeds or replaces (as established by TVPaint Développement).

1.10. “User Documentation” refers to all explanatory or educational components of the Software, in paper, electronic or online format that TVPaint Développement includes in the Software or provides to its clients when the latter obtain a license, purchase or install the Software.

1.11. “License Type”: refers to a license type specified by TVPaint Développement. The License Type includes the conditions specified by TVPaint Développement for each license type. The License Type is established by TVPaint Développement, and there are 7 License Types: Single-User Commercial License, Network Commercial License, Single-User Education License, Network Education License, Trial License, Nomad License, Open Android License.

1.11.1 “Single-User Commercial License”: If the License identification specifies that the License Type is a “ Single-User Commercial License ”, the Licensee is authorised to install the software on several computers but only use the software on a single computer at a time, on the condition that (i) the different copies of the Software under license are only accessible to the same person; (ii) this person is the Licensee (if the Licensee is a natural person) or an employee of the Licensee; (iii) this person accesses the additional copies only to work outside their usual place of work and only for the Licensee’s commercial needs. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Single-User Commercial License is for an unlimited duration.

1.11.2 “Network Commercial License”: If the License identification specifies that the type of License is a “Network Commercial License”, the Licensee is authorised to install the software on several computers, in a network, only as part of its internal commercial needs, and only to be used by its staff, subject to the maximum authorised number of simultaneous users not exceeding the authorised number of users defined by the number of licenses purchased by the Licensee. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Network Commercial License is for an unlimited duration.

1.11.3 “Single-User Education License”: If the License identification specifies that the type of License is a “Single-User Education License”, the Licensee is authorised to install the software on several computers but only to use the software on a single computer at a time on condition that (i) the different copies of the Software under license are only accessible to the same person, if the Licensee is a Student or by Students and learners at the educational institution, if the Licensee is that educational institution; (ii) the Licensee shall only have access to additional copies to continue training outside the educational establishment. The use of a Single-User Education License for commercial purposes is strictly forbidden and will terminate this License Agreement, unless the Licensee has purchased the License as a student and uses the License for strictly personal work. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Single-User Education License is for an unlimited duration.

1.11.4 “Network Education License”: If the License identification specifies that the type of License is a “Network Education License”, the Licensee is authorised to install the software on several computers, in a network, only for training or education purposes and only from sites that are not used for commercial, professional or profit-making ends, and are only used by Students or Teachers, subject to the maximum number of authorised simultaneous users not exceeding the authorised number of users defined by the number of licenses purchased by the Licensee. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Network Education License is for an unlimited duration.

1.11.5 “Trial License”: If TVPaint Développement indicates that the type of license is a “trial” version” or “not for resale” or “NFR” or “not for retail” in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) Computer, solely for the Licensee’s staff, solely for the purposes of assessment, and solely on the Licensee’s site. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a Trial License is granted for an unlimited duration.

1.11.6 “Nomad License” : If TVPaint Développement indicates that the type of license is a Nomad License in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) devise using Android Operation System. The Nomad License is dedicated to physical persons. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a « Nomad License » is granted for an unlimited duration.

1.11.7 “Open Android License” : If TVPaint Développement indicates that the type of license is a Open Android License in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) devise using Android Operation System. The Open Android License License is dedicated to physical persons. Neither studio, company nor school shall pretend any right for its use. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a Open Android License is granted for a limited duration, and will terminate at 31 december 2019.

2. Granting of licenses

Licenses granted are subject to the terms and conditions defined in this Contract:

2.1. Subject to and on the condition that the Licensee respects this Contract at all times and pays the applicable fees, TVPaint Développement shall grant it a non-exclusive, untransferable license which may not be the subject of a sub-license.

2.2. The Licensee is authorised to install the Software on several computers, but may only use the Software simultaneously on the number of computers authorised by the License Type defined at the time of purchase.
The different License Types are described in part “1. Definitions”.
If the License Type is not specified or not mentioned in this Agreement, the License Type will, by default, be the “Trial License”.

2.3. If a Dongle is used as a protection system:
Depending on the Type of License, a specific Dongle provided solely by TVPaint Développement will be necessary in order to be able to use the software.
If the Licensee authorised a single-user version, the Dongle must be connected to the computer on which the software will be used.
Where using a multi-seats version, one or several specific Dongles must be used. This/these Dongle(s) must be connected to the server in order to allow use of floating Software licenses across the whole of the network linked to the server. The use of floating licenses with Dongle(s) makes it possible to install the Software across all the computers connected to the server, but the Licensee may only use the Software over a maximum number of computers equal to the number of floating licenses purchased.

2.3(a): If a virtual Dongle is used to protect the software:
In the situation where a virtual Dongle is used as a protection system for the Software, the Licensee will need to activate the Software on the licence depot provided by the company WIBU-SYSTEMS AG, Karlsruhe, and whose activation link will be provided by TVPaint Développement following purchase of the Software. The Licensee acknowledges that only TVPaint Développement is authorised to provide this activation link. In the situation where the Licensee has lost the activation link, the Licensee is allowed to ask TVPaint Développement to provide it to them once again.
If the Licensee uses a single-user version, they are allowed to send back the licence on the license depot provided by the company WIBU-SYSTEMS AG, Karlsruhe, using the activation link provided by TVPaint Développement to transfer the license to another computer.
The Licensee also accepts that the software could periodically access the internet to check that its license is valid. The Licensee also acknowledges that obtaining an activation link does not in itself constitute proof of purchase of the license. Only the Licensee’s receipt provides official proof of purchase.
Saving written authorisation from TVPaint Développement, any breakdown, failure or theft of the Licensee’s computer does not lead to the granting of a new license for a different machine or the reimbursement thereof.
If using a multi-seats version, the Licensee may only use the Software on a maximum number of computers equal to the number of floating licenses purchased.

2.4. Effect of upgrades: If TVPaint Développement or a Reseller provides the Licensee with an Upgrade of the software already granted to the Licensee, the software already granted to the Licensee will thereafter be referred to as an Earlier Version.
Rights in relation to any Earlier Version will be terminated after the installation of the Upgrade. The Licensee will stop using any Earlier Version and will uninstall all copies of the Earlier Version. At the request of TVPaint Développement, the Licensee agrees to destroy or return to TVPaint Développement or the Reseller from which they were purchased, all copies of the Earlier Version.
TVPaint Développement reserves the right to ask the Licensee to produce reasonable evidence that all copies of an Earlier Version have indeed been uninstalled and where TVPaint Développement has so requested, they have been destroyed or returned to TVPaint Développement or the Reseller from which they were purchased.

2.5. If TVPaint Développement provides or makes available to the Licensee additional resources associated with the Software, such as corrections, patches, specific services, temporary modifications, updates or upgrades or User Documentation, (a) these additional resources may include or be governed by other provisions that are additional to or different from those set out in this Agreement (including, in particular, fees, license conditions or additional or different limitations on use), which the Licensee undertakes to respect, or (b) if these additional resources are not governed by other provisions, they will be governed by the same provisions as those of the License (including, in particular, the licenses and the License Type).

2.6. The Licensee is authorised to make a single archival copy of the Software in machine-readable form, solely for backup purposes. The Licensee must reproduce on this copy all copyright notices and other legal ownership notices that are found on the original version of the Software.

2.7. The Licensee authorises TVPaint Développement to check its use of the Software to ensure respect of the terms of this agreement. This check may be carried out at any time, on the condition that reasonable advance notice has been given. If this check establishes that use of the Software does not totally comply with the terms of this agreement, the Licensee shall reimburse TVPaint Développement for the full amount of the costs incurred for this check, to a reasonable amount, and face any proceedings that TVPaint Développement may bring against the Licensee as a consequence of this non-compliance.

2.8. Obligatory activation of the product. The license rights granted by this EULA are limited to a period of fourteen (14) days from the first installation of the Software if the Licensee does not provide the information required to activate its copy under license in accordance with the procedure described at the time of installation of the Software. Activation of the Software may require the use of an Internet connection or telephone; expenses may consequently apply. This Software includes technologies designed to prevent any illegal or unlicensed use. The Licensee authorises TVPaint Développement to use these technologies and undertakes to adhere to the conditions related to these technologies. If the Licensee modifies its hardware configuration, the Software may have to be re-activated.
Once the recommended activation period has expired, the rights of use of the Software will be limited until the Software is activated.
The Software must be updated from time to time and it will be necessary to download these updates via the TVPaint Développement internet site. Information on the activation of the license may then be transferred, such as the licence number (lock code) and activation code (unlock code).
If the software is not correctly activated and registered, the Software’s functionality may be affected. For example, it may be necessary to reinstall the Software and make a new request for the activation code (unlock-code).
Furthermore, you can only obtain Software updates from TVPaint Développement; Resellers and other entities are not authorised to provide them.

2.9 Effect of activation code (unlock-code): The Licensee acknowledges and agrees that receipt of an activation code (unlock-code) (provided to the Licensee in error or otherwise) does not constitute evidence and will not affect the scope of any license rights. The Licensee shall only enjoy the rights set out in this Agreement and the applicable license identification.

3. License limitations and prohibition

3.1 In cases others than those set out in Section 2, the making or distributing of copies of the Software or electronically transferring the Software over a network or from one computer to another is prohibited.

3.2. The Licensee is not authorised to alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble or otherwise reduce the Software to a comprehensible form. This limitation does not apply to decompilation for the purposes of interoperability set out in Article L 122-6-1 of the French Intellectual Property Code.

3.3. In cases other than those set out in this Agreement, the Licensee is not authorised to distribute, rent out, loan, lease, sell, sub-license, transfer or provide in any other fashion all or any of the components of the Software to any natural or legal person, saving express provisions to the contrary within this Agreement or express written authorisation from TVPaint Développement.

3.4. The Licensee is not authorised to install, access or allow installation or access to the software over the internet or on another non-local network, including, in particular, its use as part of a wide area network (WAN), a virtual private network (VPN), virtualisation, Web hosting, in time sharing, as part of an office service, software as a service, a dematerialisation service or technology or other, save from a written approval by TVPaint Développement.

3.5. The Licensee shall not carry out and shall not allow or aid third parties to carry out prohibited uses or activities. Any unauthorised use and any installation of the Software outside the scope of the applicable license (including, in particular, outside the License Type) or in a manner that is not in accordance with this Agreement, shall constitute or amount to a violation of the intellectual property rights of TVPaint Développement, as well as a breach of this Agreement. The Licensee shall immediately inform TVPaint Développement of any unauthorised use or other installation or unauthorised access.

3.6. The Licensee is prohibited from (i) using any equipment, device, software or other means to (or designed to) circumvent or remove any form of technical protection used by TVPaint Développement for Software usage. The Licensee may not use any equipment, device, software or other means to (or designed to) circumvent or remove any restrictions on use, or to activate any functionalities of the Software deactivated by TVPaint Développement.

3.7. In cases other than those set out in this Agreement, the Licensee is not authorised to modify the Software or to create any derivative works of the Software, or to remove, modify or hide any mention, label or mark of TVPaint ownership.

3.8. The Education versions should under no circumstances be used or distributed for commercial purposes.
Only (A) schools and training institutions which deliver a degree or diploma recognized by the government, the state or a competent authority, or (B) students duly enrolled in the aforementioned schools and training institutions with the aim of obtaining such a degree or diploma, shall be authorised to buy and use Education Licenses.
Students in possession of an Education License may continue to use it once their studies have finished. However, use of the education license may only be made for strictly personal purposes for the execution of self-employed work and may not be used by or on behalf of another entity.

3.9. In cases other than those set out in this Agreement, the Licensee is not authorised to (A) install or use, as a whole, more than one copy of the Trial Version of the Software; (B) download the Trial Version of the Software by using more than one identifier; (C) disseminate the results of software performance assessments obtained from the Trial Version to third parties without the prior written agreement of TVPaint Développement or; (D) use the Trial Version of the Software for purposes other than establishing whether or not you wish to purchase the license for the commercial or education version of the software; notwithstanding the above, the installation or use of the Trial Version of the Software for the purposes of commercial training is strictly prohibited. (E) More generally, the Trial version may under no circumstances be used for commercial purposes.

3.10. The Licensee is authorised to use the “not for resale” or “NDR” Trial Version of the software only for the purposes of testing and evaluating the Software or trialling it in the case of an agreement with TVPaint Développement.

3.11. The Licensee is not authorised to use the Software to develop an application with the main function the same as that of the Software.

3.12. In the event of failure to respect the terms of this EULA, TVPaint Développement reserves the right to terminate the license subject to 8 calendar days’ notice from the day when the Licensee is informed of the former’s intention. In such a case, the Licensee will be obliged to destroy all copies of the Software.

4. Property

The aforementioned license grants to the Licensee a limited license to use the Software. TVPaint Développement holds all rights, titles and interests, including intellectual property rights and copyright in relation to the Software (as an independent work and one that is the basis for an application which the Licensee is likely to develop) and all copies of the Software. TVPaint Développement reserves all rights that are not specifically granted in this EULA including the rights arising from federal and international treaties on intellectual property.

5. Confidentiality

The Licensee acknowledges and agrees that the Licensee (and third parties acting on its behalf) may provide, and that TVPaint Développement and its Resellers (and third parties acting on behalf of TVPaint Développement and its Resellers) may obtain certain information and data with regard to the Licensee (including, in particular, personal data) and its activity within the framework of this Agreement, including, in particular, information and data provided or obtained by TVPaint Développement and its Resellers (or third parties acting on behalf of TVPaint Développement and its Resellers), via the customer information form or otherwise, at the time of ordering, registering, activating, updating, validating the right to or checking of installation. The Licensee hereby accepts that TVPaint Développement shall retain, use and store this information and data (including, in particular, personal data, if relevant).

6. Limited warranty and limitation of liability

a. With the exception of the Trial Version or the “Not For Resale” or “NDR” version of the Software, TVPaint Développement guarantees that, for a period of ninety (90) days from the date of purchase (proven by your invoice): (A) the Software shall operated in accordance with the associated documentation, on the condition of being used with the recommended hardware requirements; and (B) the hardware on which the Software is provided not having any defects in materials or workmanship as far as normal usage is concerned.

b. TVPAINT DEVELOPPEMENT DOES NOT PROVIDE ANY EXPRESS OR TACIT REMEDY OR GUARANTEE, IN RELATION TO THE SAMPLE APPLICATION CODE, THE TRIAL VERSION AND NOT FOR RESALE VERSION OF THE SOFTWARE. THE SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION ARE PROVIDED “AS IS”.

c. IN CASES OTHER THAN THOSE SET OUT ABOVE FOR THE LIMITED GUARANTEE OF THE SAMPLE APPLICATION CODE AND TRIAL AND NOT FOR RESALE VERSIONS, TVPAINT DEVELOPPEMENT AND ITS SUPPLIERS DECLINE ANY EXPRESS, TACIT OR OTHER WARRANTY AND REPRESENTATION, INCLUDING WARRANTIES OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY THERE IS NO NON-INFRINGEMENT GUARANTEE AND TITLE OR PEACEFUL ENJOYMENT GUARANTEE. TVPaint Développement does not guarantee that the software is exempt from errors and that it will operate without interruption. NO RIGHT OR REMEDY UNDER ARTICLE II. 1 OF THE UNIVERSAL COPYRIGHT CONVENTION WILL BE GRANTED TO THE LICENSEE UNLESS EXPRESSLY STIPULATED IN THIS AGREEMENT. The software is not designed, planned or granted under license to be used in dangerous environments that require safety checks, including but not limited to environments for the design, construction, maintenance or operation of nuclear installations, air navigation or communication systems, air traffic control, life support systems and armaments. TVPaint Développement specifically declines any express or tacit warranty of fitness for these purposes.

d. IN SOME CASES, THE LAW REQUIRES GUARANTEES ON THE SOFTWARE. THESE GUARANTEES ARE LIMITED TO A DURATION OF NINETY (90) DAYS FROM THE DATE OF PURCHASE.

e. No information or oral or written advice provided by TVPaint Développement, its Resellers, distributors, agents or employees creates any warranty or extends in any way the scope of the warranty GIVEN HERE.

7. Exclusive judicial remedy

In accordance with the above, the exclusive judicial remedy is to return the Software to the place where it was purchased with a description of the problem. On condition of informing TVPaint Développement in writing of non-compliance under the warranty above within ninety (90) days from the date of purchase, TVPaint Développement undertakes to make reasonable commercial efforts to provide a replacement copy of the Software in accordance with the documentation, or replace the defective product. TVPaint Développement reserves the right to choose one of these options. TVPaint Développement declines any liability if the Software has been altered in any way, if the product has been damaged following incorrect usage, accident, abusive use, modification or erroneous application, or if the damage arises from use of the Software with a hardware configuration other than that recommended. Any accident, incorrect use, abusive use, modification or erroneous application of the Software shall annul the aforementioned warranty. THIS REMEDY IS THE SOLE, EXCLUSIVE REMEDY IN THE EVENT OF BREACH OF THE EXPRESS OR TACIT WARRANTIES IN RELATION TO THE SOFTWARE AND ASSOCIATED DOCUMENTATION.

8. LIMITATION OF LIABILITY

TVPAINT DEVELOPPEMENT AND ITS SUPPLIERS DECLINE ANY LIABILITY TOWARDS THE LICENSEE OR THIRD PARTIES IN THE EVENT OF INDIRECT, SPECIAL, ACCIDENTAL, DISSUASIVE, COVER OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGE DUE TO INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF USE, LOSS OF PROFIT, INTERRUPTION OF BUSINESS, ETC) LINKED TO THE USE OR INABILITY TO USE THE SOFTWARE. THIS LIMITATION OF LIABILITY IS BASED ON ALL THEORIES OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, MISCONDUCT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER, EVEN IF TVPAINT DEVELOPPEMENT OR ITS REPRESENTATIVES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY LIMITED REMEDY SPECIFIED HERE IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

9. Basis of offer

The limited warranty and limitation of liability, exclusive remedies and limited liability referred to above constitute the basic grounds on which the agreement between TVPaint Développement and the Licensee is based. TVPaint Développement would not be in a position to provide the Software on an economic basis without such limitations. The limited warranty and limitation of liability, the exclusive remedies and limited liability have no consequences in terms of TVPaint Développement’s licensors’ advantages.

10. Language of the Agreement

The French version of this Agreement has contractual value. It shall prevail in the event of inconsistencies or contradictions between the French version and any translations.

11. Interpretation

Any ambiguities contained in this Agreement may not be interpreted to the detriment of the party that drew up the Agreement.

12. End users solely consumers

The warranty and liability limitations and exclusions set out in this EULA do not affect statutory rights of consumers, namely persons who purchase the goods not as part of any professional activity.

The warranty, remedy and liability limitations and exclusions set out in this EULA are only applicable to the Licensee to the extent that these limitations or exclusions are authorised by the laws of the jurisdiction of your place of residence.

13. General provisions

This EULA is governed by the domestic laws of France, without giving effect to its principles of conflict of laws. The Licensee hereby accepts the exclusive authority of the jurisdiction and courts of France. The Metz courts alone will be competent in the event of legal proceedings in relation to this EULA. In any case, this EULA will be interpreted and applied independently of the United Nations Convention on Contracts for the International Sale of Goods.

No reseller, agent or employee of TVPaint Développement is authorised to make any amendments to anything set out in this EULA.
If one of the parts of this EULA is deemed contrary to law by a court of competent jurisdiction, this part would be applied to the extent possible and the other parts of this EULA would remain perfectly applicable.

Any questions regarding this agreement should be addressed to: TVPaint Développement, 45 rue Sente à My, 57000 Metz, France.

TVPaint Développement and the other trademarks contained in the Software are registered trademarks of TVPaint Développement in France and/or other countries. Third-party trademarks, trade names, product names and logos may be registered trademarks of their respective holders. The Licensee is not authorised to withdraw or amend the trademarks, trade names, product names, logos, copyright notices or other exclusive marks, legends, symbols or labels on the Software. This EULA does not authorise the Licensee to use the name of TVPaint Développement or its licensors, or their respective brand marks, without authorisation.

End User License Agreement
TVPaint Animation 11
© 1991-2020 TVPaint Développement. All Rights Reserved.

----- START OF FFMPEG SECTION -----

FFmpeg is distributed under the GNU Lesser General Public License (LGPL) version 2.1 or later.

However, FFmpeg incorporates several optional parts and optimisations that are covered by the GNU General Public License (GPL) version 2 or later. If any parts are subject to the GPL, the GPL applies to all of FFmpeg.

TVPaint Développement provides a utility enabling the use of FFmpeg without the need to enter command lines.

This version of the TVPaint Animation 11 software provides external libraries (called loader/FFmpeg.dll, saver/FFmpeg.dll) and includes FFmpeg project libraries.

Like the loader/FFmpeg.dll, saver/FFmpeg.dll libraries are linked statically to the FFmpeg libraries, this means that the loader/FFmpeg.so, saver/FFmpeg.so libraries are also under LGPLv2.1 license or later.

However as the TVPaint Animation 11 software is dynamically linked to the loader/FFmpeg.dll, saver/FFmpeg.dll libraries, it IS NOT under LGPLv2.1 license. Its license is this End User License Agreement without the “FFMPEG SECTION".

TVPaint Développement only holds source code copyright over the TVPaint Animation software with respect to all content outside this FFmpeg section and does not hold copyright over the other executables owned by FFmpeg or binaries owned by FFmpeg included in the installer.

The sources, options and compilation projects to generate loader/FFmpeg.dll, saver/FFmpeg.dll can be downloaded from our website (http://www.tvpaint.com), wherever there is a download link to TVPaint Animation 11 that uses the loader/FFmpeg.dll, saver/FFmpeg.dll libraries.

The authors, source code and any other information regarding the FFmpeg project itself can be found at this address: http://ffmpeg.org.

None of the following terms (after “END OF SECTION FFMPEG”) of this End User License Agreement applies to the libraries used in FFMPEG.

----- END OF FFMPEG SECTION -----

----- START OF WIBU SECTION -----

Important Notice for All Users
This software contains components of WIBU-SYSTEMS AG, Karlsruhe, that are protected by copyright.
Their use is contingent on the presence of a license agreement covering the intended use or on another form of entitlement to their use.
The full or partial and temporary or permanent copying of the software (e.g. to a hard drive or other storage medium) or loading of the software into the computer’s working memory is already considered use of the software.
Wibu-Systems will take legal action and seek compensation or injunctive relief under civil law in the case of the violation of this opyright.
Employers are liable for the actions of their employees.

----- END OF WIBU SECTION -----

IMPORTANT: THIS END USER LICENSE AGREEMENT FOR SOFTWARE (“EULA”) IS A CONTRACT BETWEEN THE LICENSEE AND TVPAINT DEVELOPPEMENT. READ IT CAREFULLY BEFORE FINISHING INSTALLATION AND USING THE SOFTWARE. THIS LICENSE AGREEMENT AUTHORISES THE LICENSEE TO USE THE SOFTWARE AND CONTAINS INFORMATION ON LIMITATIONS OF LIABILITY AND WARRANTIES. BY INSTALLING AND USING THE SOFTWARE, THE LICENSEE ACKNOWLEDGES ACCEPTANCE OF THE SOFTWARE AND BEING BOUND BY THE TERMS OF THIS AGREEMENT.
IF THE LICENSEE DOES NOT WISH TO ACCEPT THIS AGREEMENT, OR IF THE LICENSEE DOES NOT HAVE THE RIGHT, THE POWER OR THE AUTHORITY TO ACT ON BEHALF OF THIS ENTITY OR TO ENTER INTO AGREEMENTS OR ACT ON HIS/HER OWN ACCOUNT AS A NATURAL PERSON (IN THE ABSENCE OF SUCH AN ENTITY), DO NOT CLICK ON THE “I ACCEPT” BUTTON OR ON ANY OTHER BUTTON OR SYSTEM USED TO ACCEPT THE AGREEMENT AND DO NOT INSTALL, COPY OR USE THE SOFTWARE IN ANY WAY, WHETHER IN WHOLE OR IN PART;


NON-ACCEPTANCE OF THIS AGREEMENT WILL NOT GIVE RISE TO THE RIGHT TO ANY REIMBURSEMENT.

THIS EULA REFERS ONLY TO THIS SOFTWARE PROVIDED BY TVPAINT DEVELOPPEMENT.


1. Definitions

1.1. “TVPaint Développement” corresponds to the company SARL TVPaint Développement.

1.2. “Licensee” means (a) the company or other legal person on whose behalf the Software Licenses are purchased or (b) in the absence of such an entity, the natural person who accepts this Agreement. For clarity, “Licensee” simply refers to one, specifically identified natural or legal person but does not refer to either subsidiaries of, or companies affiliated to, this legal or natural person, nor any other person associated therewith.

1.3. “Agreement” refers to this License Agreement, which may be amended periodically in accordance with the provisions hereof.

1.4. “Software” corresponds to only the TVPaint Développement software program(s) and third-party software supplied by TVPaint Développement, the corresponding documentation, associated media, printed, electronic or online materials.

1.5. “Reseller” refers to a distributor or reseller authorised directly or indirectly by TVPaint Développement to distribute Software licenses to the Licensee.

1.6. “Dongle”: A Dongle is either a hardware component that connects to a USB port (physical dongle) or a virtual component (virtual dongle). It can be used to protect the software, and both kind of dongles can incorporate either the WIBU-SYSTEMS AG technology or the THALES technology.
If the license is normally protected (protection against copying) by means of a USB dongle, the latter is essential for the purposes of software usage and from a legal perspective. In the case of the physical failure of the USB dongle (namely in the event of a USB dongle failure even if it does not show any external damage), this will be replaced without charge. In the event of loss of the USB dongle, it will be necessary to repurchase the Software License at the price of the installed Software License applicable at the date of loss.

1.7. “Upgrade” refers to a full commercial version that succeeds or replaces an earlier version (and which may include error corrections, patches, provisional modifications, updates and upgrades or may improve or enhance the functionalities or functions of the earlier version) for which TVPaint Développement generally applies a separate fee.

1.8. “Student” refers to a natural person who (i) at the time of installation of the Software is registered at a recognised educational establishment allowing him/her to obtain a qualification or certificate within the framework of an educational programme of at least nine (9) months and who, (ii) on the request of TVPaint Développement, can provide proof of such registration.

1.9. “Earlier version”, in relation to any current version, refers to an earlier version of the software which the current version succeeds or replaces (as established by TVPaint Développement).

1.10. “User Documentation” refers to all explanatory or educational components of the Software, in paper, electronic or online format that TVPaint Développement includes in the Software or provides to its clients when the latter obtain a license, purchase or install the Software.

1.11. “License Type”: refers to a license type specified by TVPaint Développement. The License Type includes the conditions specified by TVPaint Développement for each license type. The License Type is established by TVPaint Développement, and there are 7 License Types: Single-User Commercial License, Network Commercial License, Single-User Education License, Network Education License, Trial License, Nomad License, Open Android License.

1.11.1 “Single-User Commercial License”: If the License identification specifies that the License Type is a “ Single-User Commercial License ”, the Licensee is authorised to install the software on several computers but only use the software on a single computer at a time, on the condition that (i) the different copies of the Software under license are only accessible to the same person; (ii) this person is the Licensee (if the Licensee is a natural person) or an employee of the Licensee; (iii) this person accesses the additional copies only to work outside their usual place of work and only for the Licensee’s commercial needs. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Single-User Commercial License is for an unlimited duration.

1.11.2 “Network Commercial License”: If the License identification specifies that the type of License is a “Network Commercial License”, the Licensee is authorised to install the software on several computers, in a network, only as part of its internal commercial needs, and only to be used by its staff, subject to the maximum authorised number of simultaneous users not exceeding the authorised number of users defined by the number of licenses purchased by the Licensee. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Network Commercial License is for an unlimited duration.

1.11.3 “Single-User Education License”: If the License identification specifies that the type of License is a “Single-User Education License”, the Licensee is authorised to install the software on several computers but only to use the software on a single computer at a time on condition that (i) the different copies of the Software under license are only accessible to the same person, if the Licensee is a Student or by Students and learners at the educational institution, if the Licensee is that educational institution; (ii) the Licensee shall only have access to additional copies to continue training outside the educational establishment. The use of a Single-User Education License for commercial purposes is strictly forbidden and will terminate this License Agreement, unless the Licensee has purchased the License as a student and uses the License for strictly personal work. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Single-User Education License is for an unlimited duration.

1.11.4 “Network Education License”: If the License identification specifies that the type of License is a “Network Education License”, the Licensee is authorised to install the software on several computers, in a network, only for training or education purposes and only from sites that are not used for commercial, professional or profit-making ends, and are only used by Students or Teachers, subject to the maximum number of authorised simultaneous users not exceeding the authorised number of users defined by the number of licenses purchased by the Licensee. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Network Education License is for an unlimited duration.

1.11.5 “Trial License”: If TVPaint Développement indicates that the type of license is a “trial” version” or “not for resale” or “NFR” or “not for retail” in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) Computer, solely for the Licensee’s staff, solely for the purposes of assessment, and solely on the Licensee’s site. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a Trial License is granted for an unlimited duration.

1.11.6 “Nomad License” : If TVPaint Développement indicates that the type of license is a Nomad License in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) devise using Android Operation System. The Nomad License is dedicated to physical persons. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a « Nomad License » is granted for an unlimited duration.

1.11.7 “Open Android License” : If TVPaint Développement indicates that the type of license is a Open Android License in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) devise using Android Operation System. The Open Android License License is dedicated to physical persons. Neither studio, company nor school shall pretend any right for its use. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a Open Android License is granted for a limited duration, and will terminate at 31 december 2019.

2. Granting of licenses

Licenses granted are subject to the terms and conditions defined in this Contract:

2.1. Subject to and on the condition that the Licensee respects this Contract at all times and pays the applicable fees, TVPaint Développement shall grant it a non-exclusive, untransferable license which may not be the subject of a sub-license.

2.2. The Licensee is authorised to install the Software on several computers, but may only use the Software simultaneously on the number of computers authorised by the License Type defined at the time of purchase.
The different License Types are described in part “1. Definitions”.
If the License Type is not specified or not mentioned in this Agreement, the License Type will, by default, be the “Trial License”.

2.3. If a Dongle is used as a protection system:
Depending on the Type of License, a specific Dongle provided solely by TVPaint Développement will be necessary in order to be able to use the software.
If the Licensee authorised a single-user version, the Dongle must be connected to the computer on which the software will be used.
Where using a multi-seats version, one or several specific Dongles must be used. This/these Dongle(s) must be connected to the server in order to allow use of floating Software licenses across the whole of the network linked to the server. The use of floating licenses with Dongle(s) makes it possible to install the Software across all the computers connected to the server, but the Licensee may only use the Software over a maximum number of computers equal to the number of floating licenses purchased.

2.3(a): If a virtual Dongle is used to protect the software:
In the situation where a virtual Dongle is used as a protection system for the Software, the Licensee will need to activate the Software on the licence depot provided by the company WIBU-SYSTEMS AG, Karlsruhe, and whose activation link will be provided by TVPaint Développement following purchase of the Software. The Licensee acknowledges that only TVPaint Développement is authorised to provide this activation link. In the situation where the Licensee has lost the activation link, the Licensee is allowed to ask TVPaint Développement to provide it to them once again.
If the Licensee uses a single-user version, they are allowed to send back the licence on the license depot provided by the company WIBU-SYSTEMS AG, Karlsruhe, using the activation link provided by TVPaint Développement to transfer the license to another computer.
The Licensee also accepts that the software could periodically access the internet to check that its license is valid. The Licensee also acknowledges that obtaining an activation link does not in itself constitute proof of purchase of the license. Only the Licensee’s receipt provides official proof of purchase.
Saving written authorisation from TVPaint Développement, any breakdown, failure or theft of the Licensee’s computer does not lead to the granting of a new license for a different machine or the reimbursement thereof.
If using a multi-seats version, the Licensee may only use the Software on a maximum number of computers equal to the number of floating licenses purchased.

2.4. Effect of upgrades: If TVPaint Développement or a Reseller provides the Licensee with an Upgrade of the software already granted to the Licensee, the software already granted to the Licensee will thereafter be referred to as an Earlier Version.
Rights in relation to any Earlier Version will be terminated after the installation of the Upgrade. The Licensee will stop using any Earlier Version and will uninstall all copies of the Earlier Version. At the request of TVPaint Développement, the Licensee agrees to destroy or return to TVPaint Développement or the Reseller from which they were purchased, all copies of the Earlier Version.
TVPaint Développement reserves the right to ask the Licensee to produce reasonable evidence that all copies of an Earlier Version have indeed been uninstalled and where TVPaint Développement has so requested, they have been destroyed or returned to TVPaint Développement or the Reseller from which they were purchased.

2.5. If TVPaint Développement provides or makes available to the Licensee additional resources associated with the Software, such as corrections, patches, specific services, temporary modifications, updates or upgrades or User Documentation, (a) these additional resources may include or be governed by other provisions that are additional to or different from those set out in this Agreement (including, in particular, fees, license conditions or additional or different limitations on use), which the Licensee undertakes to respect, or (b) if these additional resources are not governed by other provisions, they will be governed by the same provisions as those of the License (including, in particular, the licenses and the License Type).

2.6. The Licensee is authorised to make a single archival copy of the Software in machine-readable form, solely for backup purposes. The Licensee must reproduce on this copy all copyright notices and other legal ownership notices that are found on the original version of the Software.

2.7. The Licensee authorises TVPaint Développement to check its use of the Software to ensure respect of the terms of this agreement. This check may be carried out at any time, on the condition that reasonable advance notice has been given. If this check establishes that use of the Software does not totally comply with the terms of this agreement, the Licensee shall reimburse TVPaint Développement for the full amount of the costs incurred for this check, to a reasonable amount, and face any proceedings that TVPaint Développement may bring against the Licensee as a consequence of this non-compliance.

2.8. Obligatory activation of the product. The license rights granted by this EULA are limited to a period of fourteen (14) days from the first installation of the Software if the Licensee does not provide the information required to activate its copy under license in accordance with the procedure described at the time of installation of the Software. Activation of the Software may require the use of an Internet connection or telephone; expenses may consequently apply. This Software includes technologies designed to prevent any illegal or unlicensed use. The Licensee authorises TVPaint Développement to use these technologies and undertakes to adhere to the conditions related to these technologies. If the Licensee modifies its hardware configuration, the Software may have to be re-activated.
Once the recommended activation period has expired, the rights of use of the Software will be limited until the Software is activated.
The Software must be updated from time to time and it will be necessary to download these updates via the TVPaint Développement internet site. Information on the activation of the license may then be transferred, such as the licence number (lock code) and activation code (unlock code).
If the software is not correctly activated and registered, the Software’s functionality may be affected. For example, it may be necessary to reinstall the Software and make a new request for the activation code (unlock-code).
Furthermore, you can only obtain Software updates from TVPaint Développement; Resellers and other entities are not authorised to provide them.

2.9 Effect of activation code (unlock-code): The Licensee acknowledges and agrees that receipt of an activation code (unlock-code) (provided to the Licensee in error or otherwise) does not constitute evidence and will not affect the scope of any license rights. The Licensee shall only enjoy the rights set out in this Agreement and the applicable license identification.

3. License limitations and prohibition

3.1 In cases others than those set out in Section 2, the making or distributing of copies of the Software or electronically transferring the Software over a network or from one computer to another is prohibited.

3.2. The Licensee is not authorised to alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble or otherwise reduce the Software to a comprehensible form. This limitation does not apply to decompilation for the purposes of interoperability set out in Article L 122-6-1 of the French Intellectual Property Code.

3.3. In cases other than those set out in this Agreement, the Licensee is not authorised to distribute, rent out, loan, lease, sell, sub-license, transfer or provide in any other fashion all or any of the components of the Software to any natural or legal person, saving express provisions to the contrary within this Agreement or express written authorisation from TVPaint Développement.

3.4. The Licensee is not authorised to install, access or allow installation or access to the software over the internet or on another non-local network, including, in particular, its use as part of a wide area network (WAN), a virtual private network (VPN), virtualisation, Web hosting, in time sharing, as part of an office service, software as a service, a dematerialisation service or technology or other, save from a written approval by TVPaint Développement.

3.5. The Licensee shall not carry out and shall not allow or aid third parties to carry out prohibited uses or activities. Any unauthorised use and any installation of the Software outside the scope of the applicable license (including, in particular, outside the License Type) or in a manner that is not in accordance with this Agreement, shall constitute or amount to a violation of the intellectual property rights of TVPaint Développement, as well as a breach of this Agreement. The Licensee shall immediately inform TVPaint Développement of any unauthorised use or other installation or unauthorised access.

3.6. The Licensee is prohibited from (i) using any equipment, device, software or other means to (or designed to) circumvent or remove any form of technical protection used by TVPaint Développement for Software usage. The Licensee may not use any equipment, device, software or other means to (or designed to) circumvent or remove any restrictions on use, or to activate any functionalities of the Software deactivated by TVPaint Développement.

3.7. In cases other than those set out in this Agreement, the Licensee is not authorised to modify the Software or to create any derivative works of the Software, or to remove, modify or hide any mention, label or mark of TVPaint ownership.

3.8. The Education versions should under no circumstances be used or distributed for commercial purposes.
Only (A) schools and training institutions which deliver a degree or diploma recognized by the government, the state or a competent authority, or (B) students duly enrolled in the aforementioned schools and training institutions with the aim of obtaining such a degree or diploma, shall be authorised to buy and use Education Licenses.
Students in possession of an Education License may continue to use it once their studies have finished. However, use of the education license may only be made for strictly personal purposes for the execution of self-employed work and may not be used by or on behalf of another entity.

3.9. In cases other than those set out in this Agreement, the Licensee is not authorised to (A) install or use, as a whole, more than one copy of the Trial Version of the Software; (B) download the Trial Version of the Software by using more than one identifier; (C) disseminate the results of software performance assessments obtained from the Trial Version to third parties without the prior written agreement of TVPaint Développement or; (D) use the Trial Version of the Software for purposes other than establishing whether or not you wish to purchase the license for the commercial or education version of the software; notwithstanding the above, the installation or use of the Trial Version of the Software for the purposes of commercial training is strictly prohibited. (E) More generally, the Trial version may under no circumstances be used for commercial purposes.

3.10. The Licensee is authorised to use the “not for resale” or “NDR” Trial Version of the software only for the purposes of testing and evaluating the Software or trialling it in the case of an agreement with TVPaint Développement.

3.11. The Licensee is not authorised to use the Software to develop an application with the main function the same as that of the Software.

3.12. In the event of failure to respect the terms of this EULA, TVPaint Développement reserves the right to terminate the license subject to 8 calendar days’ notice from the day when the Licensee is informed of the former’s intention. In such a case, the Licensee will be obliged to destroy all copies of the Software.

4. Property

The aforementioned license grants to the Licensee a limited license to use the Software. TVPaint Développement holds all rights, titles and interests, including intellectual property rights and copyright in relation to the Software (as an independent work and one that is the basis for an application which the Licensee is likely to develop) and all copies of the Software. TVPaint Développement reserves all rights that are not specifically granted in this EULA including the rights arising from federal and international treaties on intellectual property.

5. Confidentiality

The Licensee acknowledges and agrees that the Licensee (and third parties acting on its behalf) may provide, and that TVPaint Développement and its Resellers (and third parties acting on behalf of TVPaint Développement and its Resellers) may obtain certain information and data with regard to the Licensee (including, in particular, personal data) and its activity within the framework of this Agreement, including, in particular, information and data provided or obtained by TVPaint Développement and its Resellers (or third parties acting on behalf of TVPaint Développement and its Resellers), via the customer information form or otherwise, at the time of ordering, registering, activating, updating, validating the right to or checking of installation. The Licensee hereby accepts that TVPaint Développement shall retain, use and store this information and data (including, in particular, personal data, if relevant).

6. Limited warranty and limitation of liability

a. With the exception of the Trial Version or the “Not For Resale” or “NDR” version of the Software, TVPaint Développement guarantees that, for a period of ninety (90) days from the date of purchase (proven by your invoice): (A) the Software shall operated in accordance with the associated documentation, on the condition of being used with the recommended hardware requirements; and (B) the hardware on which the Software is provided not having any defects in materials or workmanship as far as normal usage is concerned.

b. TVPAINT DEVELOPPEMENT DOES NOT PROVIDE ANY EXPRESS OR TACIT REMEDY OR GUARANTEE, IN RELATION TO THE SAMPLE APPLICATION CODE, THE TRIAL VERSION AND NOT FOR RESALE VERSION OF THE SOFTWARE. THE SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION ARE PROVIDED “AS IS”.

c. IN CASES OTHER THAN THOSE SET OUT ABOVE FOR THE LIMITED GUARANTEE OF THE SAMPLE APPLICATION CODE AND TRIAL AND NOT FOR RESALE VERSIONS, TVPAINT DEVELOPPEMENT AND ITS SUPPLIERS DECLINE ANY EXPRESS, TACIT OR OTHER WARRANTY AND REPRESENTATION, INCLUDING WARRANTIES OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY THERE IS NO NON-INFRINGEMENT GUARANTEE AND TITLE OR PEACEFUL ENJOYMENT GUARANTEE. TVPaint Développement does not guarantee that the software is exempt from errors and that it will operate without interruption. NO RIGHT OR REMEDY UNDER ARTICLE II. 1 OF THE UNIVERSAL COPYRIGHT CONVENTION WILL BE GRANTED TO THE LICENSEE UNLESS EXPRESSLY STIPULATED IN THIS AGREEMENT. The software is not designed, planned or granted under license to be used in dangerous environments that require safety checks, including but not limited to environments for the design, construction, maintenance or operation of nuclear installations, air navigation or communication systems, air traffic control, life support systems and armaments. TVPaint Développement specifically declines any express or tacit warranty of fitness for these purposes.

d. IN SOME CASES, THE LAW REQUIRES GUARANTEES ON THE SOFTWARE. THESE GUARANTEES ARE LIMITED TO A DURATION OF NINETY (90) DAYS FROM THE DATE OF PURCHASE.

e. No information or oral or written advice provided by TVPaint Développement, its Resellers, distributors, agents or employees creates any warranty or extends in any way the scope of the warranty GIVEN HERE.

7. Exclusive judicial remedy

In accordance with the above, the exclusive judicial remedy is to return the Software to the place where it was purchased with a description of the problem. On condition of informing TVPaint Développement in writing of non-compliance under the warranty above within ninety (90) days from the date of purchase, TVPaint Développement undertakes to make reasonable commercial efforts to provide a replacement copy of the Software in accordance with the documentation, or replace the defective product. TVPaint Développement reserves the right to choose one of these options. TVPaint Développement declines any liability if the Software has been altered in any way, if the product has been damaged following incorrect usage, accident, abusive use, modification or erroneous application, or if the damage arises from use of the Software with a hardware configuration other than that recommended. Any accident, incorrect use, abusive use, modification or erroneous application of the Software shall annul the aforementioned warranty. THIS REMEDY IS THE SOLE, EXCLUSIVE REMEDY IN THE EVENT OF BREACH OF THE EXPRESS OR TACIT WARRANTIES IN RELATION TO THE SOFTWARE AND ASSOCIATED DOCUMENTATION.

8. LIMITATION OF LIABILITY

TVPAINT DEVELOPPEMENT AND ITS SUPPLIERS DECLINE ANY LIABILITY TOWARDS THE LICENSEE OR THIRD PARTIES IN THE EVENT OF INDIRECT, SPECIAL, ACCIDENTAL, DISSUASIVE, COVER OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGE DUE TO INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF USE, LOSS OF PROFIT, INTERRUPTION OF BUSINESS, ETC) LINKED TO THE USE OR INABILITY TO USE THE SOFTWARE. THIS LIMITATION OF LIABILITY IS BASED ON ALL THEORIES OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, MISCONDUCT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER, EVEN IF TVPAINT DEVELOPPEMENT OR ITS REPRESENTATIVES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY LIMITED REMEDY SPECIFIED HERE IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

9. Basis of offer

The limited warranty and limitation of liability, exclusive remedies and limited liability referred to above constitute the basic grounds on which the agreement between TVPaint Développement and the Licensee is based. TVPaint Développement would not be in a position to provide the Software on an economic basis without such limitations. The limited warranty and limitation of liability, the exclusive remedies and limited liability have no consequences in terms of TVPaint Développement’s licensors’ advantages.

10. Language of the Agreement

The French version of this Agreement has contractual value. It shall prevail in the event of inconsistencies or contradictions between the French version and any translations.

11. Interpretation

Any ambiguities contained in this Agreement may not be interpreted to the detriment of the party that drew up the Agreement.

12. End users solely consumers

The warranty and liability limitations and exclusions set out in this EULA do not affect statutory rights of consumers, namely persons who purchase the goods not as part of any professional activity.

The warranty, remedy and liability limitations and exclusions set out in this EULA are only applicable to the Licensee to the extent that these limitations or exclusions are authorised by the laws of the jurisdiction of your place of residence.

13. General provisions

This EULA is governed by the domestic laws of France, without giving effect to its principles of conflict of laws. The Licensee hereby accepts the exclusive authority of the jurisdiction and courts of France. The Metz courts alone will be competent in the event of legal proceedings in relation to this EULA. In any case, this EULA will be interpreted and applied independently of the United Nations Convention on Contracts for the International Sale of Goods.

No reseller, agent or employee of TVPaint Développement is authorised to make any amendments to anything set out in this EULA.
If one of the parts of this EULA is deemed contrary to law by a court of competent jurisdiction, this part would be applied to the extent possible and the other parts of this EULA would remain perfectly applicable.

Any questions regarding this agreement should be addressed to: TVPaint Développement, 45 rue Sente à My, 57000 Metz, France.

TVPaint Développement and the other trademarks contained in the Software are registered trademarks of TVPaint Développement in France and/or other countries. Third-party trademarks, trade names, product names and logos may be registered trademarks of their respective holders. The Licensee is not authorised to withdraw or amend the trademarks, trade names, product names, logos, copyright notices or other exclusive marks, legends, symbols or labels on the Software. This EULA does not authorise the Licensee to use the name of TVPaint Développement or its licensors, or their respective brand marks, without authorisation.

End User License Agreement
TVPaint Animation 11
© 1991-2018 TVPaint Développement. All Rights Reserved.

----- START OF FFMPEG SECTION -----

FFmpeg is distributed under the GNU Lesser General Public License (LGPL) version 2.1 or later.

However, FFmpeg incorporates several optional parts and optimisations that are covered by the GNU General Public License (GPL) version 2 or later. If any parts are subject to the GPL, the GPL applies to all of FFmpeg.

TVPaint Développement provides a utility enabling the use of FFmpeg without the need to enter command lines.

This version of the TVPaint Animation 11 software provides external libraries (called loader/FFmpeg.so, saver/FFmpeg.so) and includes FFmpeg project libraries.

Like the loader/FFmpeg.so, saver/FFmpeg.so libraries are linked statically to the FFmpeg libraries, this means that the loader/FFmpeg.so, saver/FFmpeg.so libraries are also under LGPLv2.1 license or later.

However as the TVPaint Animation 11 software is dynamically linked to the loader/FFmpeg.so, saver/FFmpeg.so libraries, it IS NOT under LGPLv2.1 license. Its license is this End User License Agreement without the “FFMPEG SECTION".

TVPaint Développement only holds source code copyright over the TVPaint Animation software with respect to all content outside this FFmpeg section and does not hold copyright over the other executables owned by FFmpeg or binaries owned by FFmpeg included in the installer.

The sources, options and compilation projects to generate loader/FFmpeg.so, saver/FFmpeg.so can be downloaded from our website (http://www.tvpaint.com), wherever there is a download link to TVPaint Animation 11 that uses the loader/FFmpeg.so, saver/FFmpeg.so libraries.

The authors, source code and any other information regarding the FFmpeg project itself can be found at this address: http://ffmpeg.org.

None of the following terms (after “END OF SECTION FFMPEG”) of this End User License Agreement applies to the libraries used in FFMPEG.

----- END OF FFMPEG SECTION -----

----- START OF WIBU SECTION -----

Important Notice for All Users
This software contains components of WIBU-SYSTEMS AG, Karlsruhe, that are protected by copyright.
Their use is contingent on the presence of a license agreement covering the intended use or on another form of entitlement to their use.
The full or partial and temporary or permanent copying of the software (e.g. to a hard drive or other storage medium) or loading of the software into the computer’s working memory is already considered use of the software.
Wibu-Systems will take legal action and seek compensation or injunctive relief under civil law in the case of the violation of this opyright.
Employers are liable for the actions of their employees.

----- END OF WIBU SECTION -----

IMPORTANT: THIS END USER LICENSE AGREEMENT FOR SOFTWARE (“EULA”) IS A CONTRACT BETWEEN THE LICENSEE AND TVPAINT DEVELOPPEMENT. READ IT CAREFULLY BEFORE FINISHING INSTALLATION AND USING THE SOFTWARE. THIS LICENSE AGREEMENT AUTHORISES THE LICENSEE TO USE THE SOFTWARE AND CONTAINS INFORMATION ON LIMITATIONS OF LIABILITY AND WARRANTIES. BY INSTALLING AND USING THE SOFTWARE, THE LICENSEE ACKNOWLEDGES ACCEPTANCE OF THE SOFTWARE AND BEING BOUND BY THE TERMS OF THIS AGREEMENT.
IF THE LICENSEE DOES NOT WISH TO ACCEPT THIS AGREEMENT, OR IF THE LICENSEE DOES NOT HAVE THE RIGHT, THE POWER OR THE AUTHORITY TO ACT ON BEHALF OF THIS ENTITY OR TO ENTER INTO AGREEMENTS OR ACT ON HIS/HER OWN ACCOUNT AS A NATURAL PERSON (IN THE ABSENCE OF SUCH AN ENTITY), DO NOT CLICK ON THE “I ACCEPT” BUTTON OR ON ANY OTHER BUTTON OR SYSTEM USED TO ACCEPT THE AGREEMENT AND DO NOT INSTALL, COPY OR USE THE SOFTWARE IN ANY WAY, WHETHER IN WHOLE OR IN PART;


NON-ACCEPTANCE OF THIS AGREEMENT WILL NOT GIVE RISE TO THE RIGHT TO ANY REIMBURSEMENT.

THIS EULA REFERS ONLY TO THIS SOFTWARE PROVIDED BY TVPAINT DEVELOPPEMENT.


1. Definitions

1.1. “TVPaint Développement” corresponds to the company SARL TVPaint Développement.

1.2. “Licensee” means (a) the company or other legal person on whose behalf the Software Licenses are purchased or (b) in the absence of such an entity, the natural person who accepts this Agreement. For clarity, “Licensee” simply refers to one, specifically identified natural or legal person but does not refer to either subsidiaries of, or companies affiliated to, this legal or natural person, nor any other person associated therewith.

1.3. “Agreement” refers to this License Agreement, which may be amended periodically in accordance with the provisions hereof.

1.4. “Software” corresponds to only the TVPaint Développement software program(s) and third-party software supplied by TVPaint Développement, the corresponding documentation, associated media, printed, electronic or online materials.

1.5. “Reseller” refers to a distributor or reseller authorised directly or indirectly by TVPaint Développement to distribute Software licenses to the Licensee.

1.6. “Dongle”: A Dongle is either a hardware component that connects to a USB port (physical dongle) or a virtual component (virtual dongle). It can be used to protect the software, and both kind of dongles can incorporate either the WIBU-SYSTEMS AG technology or the THALES technology.
If the license is normally protected (protection against copying) by means of a USB dongle, the latter is essential for the purposes of software usage and from a legal perspective. In the case of the physical failure of the USB dongle (namely in the event of a USB dongle failure even if it does not show any external damage), this will be replaced without charge. In the event of loss of the USB dongle, it will be necessary to repurchase the Software License at the price of the installed Software License applicable at the date of loss.

1.7. “Upgrade” refers to a full commercial version that succeeds or replaces an earlier version (and which may include error corrections, patches, provisional modifications, updates and upgrades or may improve or enhance the functionalities or functions of the earlier version) for which TVPaint Développement generally applies a separate fee.

1.8. “Student” refers to a natural person who (i) at the time of installation of the Software is registered at a recognised educational establishment allowing him/her to obtain a qualification or certificate within the framework of an educational programme of at least nine (9) months and who, (ii) on the request of TVPaint Développement, can provide proof of such registration.

1.9. “Earlier version”, in relation to any current version, refers to an earlier version of the software which the current version succeeds or replaces (as established by TVPaint Développement).

1.10. “User Documentation” refers to all explanatory or educational components of the Software, in paper, electronic or online format that TVPaint Développement includes in the Software or provides to its clients when the latter obtain a license, purchase or install the Software.

1.11. “License Type”: refers to a license type specified by TVPaint Développement. The License Type includes the conditions specified by TVPaint Développement for each license type. The License Type is established by TVPaint Développement, and there are 7 License Types: Single-User Commercial License, Network Commercial License, Single-User Education License, Network Education License, Trial License, Nomad License, Open Android License.

1.11.1 “Single-User Commercial License”: If the License identification specifies that the License Type is a “ Single-User Commercial License ”, the Licensee is authorised to install the software on several computers but only use the software on a single computer at a time, on the condition that (i) the different copies of the Software under license are only accessible to the same person; (ii) this person is the Licensee (if the Licensee is a natural person) or an employee of the Licensee; (iii) this person accesses the additional copies only to work outside their usual place of work and only for the Licensee’s commercial needs. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Single-User Commercial License is for an unlimited duration.

1.11.2 “Network Commercial License”: If the License identification specifies that the type of License is a “Network Commercial License”, the Licensee is authorised to install the software on several computers, in a network, only as part of its internal commercial needs, and only to be used by its staff, subject to the maximum authorised number of simultaneous users not exceeding the authorised number of users defined by the number of licenses purchased by the Licensee. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Network Commercial License is for an unlimited duration.

1.11.3 “Single-User Education License”: If the License identification specifies that the type of License is a “Single-User Education License”, the Licensee is authorised to install the software on several computers but only to use the software on a single computer at a time on condition that (i) the different copies of the Software under license are only accessible to the same person, if the Licensee is a Student or by Students and learners at the educational institution, if the Licensee is that educational institution; (ii) the Licensee shall only have access to additional copies to continue training outside the educational establishment. The use of a Single-User Education License for commercial purposes is strictly forbidden and will terminate this License Agreement, unless the Licensee has purchased the License as a student and uses the License for strictly personal work. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Single-User Education License is for an unlimited duration.

1.11.4 “Network Education License”: If the License identification specifies that the type of License is a “Network Education License”, the Licensee is authorised to install the software on several computers, in a network, only for training or education purposes and only from sites that are not used for commercial, professional or profit-making ends, and are only used by Students or Teachers, subject to the maximum number of authorised simultaneous users not exceeding the authorised number of users defined by the number of licenses purchased by the Licensee. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Network Education License is for an unlimited duration.

1.11.5 “Trial License”: If TVPaint Développement indicates that the type of license is a “trial” version” or “not for resale” or “NFR” or “not for retail” in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) Computer, solely for the Licensee’s staff, solely for the purposes of assessment, and solely on the Licensee’s site. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a Trial License is granted for an unlimited duration.

1.11.6 “Nomad License” : If TVPaint Développement indicates that the type of license is a Nomad License in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) devise using Android Operation System. The Nomad License is dedicated to physical persons. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a « Nomad License » is granted for an unlimited duration.

1.11.7 “Open Android License” : If TVPaint Développement indicates that the type of license is a Open Android License in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) devise using Android Operation System. The Open Android License License is dedicated to physical persons. Neither studio, company nor school shall pretend any right for its use. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a Open Android License is granted for a limited duration, and will terminate at 31 december 2019.

2. Granting of licenses

Licenses granted are subject to the terms and conditions defined in this Contract:

2.1. Subject to and on the condition that the Licensee respects this Contract at all times and pays the applicable fees, TVPaint Développement shall grant it a non-exclusive, untransferable license which may not be the subject of a sub-license.

2.2. The Licensee is authorised to install the Software on several computers, but may only use the Software simultaneously on the number of computers authorised by the License Type defined at the time of purchase.
The different License Types are described in part “1. Definitions”.
If the License Type is not specified or not mentioned in this Agreement, the License Type will, by default, be the “Trial License”.

2.3. If a Dongle is used as a protection system:
Depending on the Type of License, a specific Dongle provided solely by TVPaint Développement will be necessary in order to be able to use the software.
If the Licensee authorised a single-user version, the Dongle must be connected to the computer on which the software will be used.
Where using a multi-seats version, one or several specific Dongles must be used. This/these Dongle(s) must be connected to the server in order to allow use of floating Software licenses across the whole of the network linked to the server. The use of floating licenses with Dongle(s) makes it possible to install the Software across all the computers connected to the server, but the Licensee may only use the Software over a maximum number of computers equal to the number of floating licenses purchased.

2.3(a): If a virtual Dongle is used to protect the software:
In the situation where a virtual Dongle is used as a protection system for the Software, the Licensee will need to activate the Software on the licence depot provided by the company WIBU-SYSTEMS AG, Karlsruhe, and whose activation link will be provided by TVPaint Développement following purchase of the Software. The Licensee acknowledges that only TVPaint Développement is authorised to provide this activation link. In the situation where the Licensee has lost the activation link, the Licensee is allowed to ask TVPaint Développement to provide it to them once again.
If the Licensee uses a single-user version, they are allowed to send back the licence on the license depot provided by the company WIBU-SYSTEMS AG, Karlsruhe, using the activation link provided by TVPaint Développement to transfer the license to another computer.
The Licensee also accepts that the software could periodically access the internet to check that its license is valid. The Licensee also acknowledges that obtaining an activation link does not in itself constitute proof of purchase of the license. Only the Licensee’s receipt provides official proof of purchase.
Saving written authorisation from TVPaint Développement, any breakdown, failure or theft of the Licensee’s computer does not lead to the granting of a new license for a different machine or the reimbursement thereof.
If using a multi-seats version, the Licensee may only use the Software on a maximum number of computers equal to the number of floating licenses purchased.

2.4. Effect of upgrades: If TVPaint Développement or a Reseller provides the Licensee with an Upgrade of the software already granted to the Licensee, the software already granted to the Licensee will thereafter be referred to as an Earlier Version.
Rights in relation to any Earlier Version will be terminated after the installation of the Upgrade. The Licensee will stop using any Earlier Version and will uninstall all copies of the Earlier Version. At the request of TVPaint Développement, the Licensee agrees to destroy or return to TVPaint Développement or the Reseller from which they were purchased, all copies of the Earlier Version.
TVPaint Développement reserves the right to ask the Licensee to produce reasonable evidence that all copies of an Earlier Version have indeed been uninstalled and where TVPaint Développement has so requested, they have been destroyed or returned to TVPaint Développement or the Reseller from which they were purchased.

2.5. If TVPaint Développement provides or makes available to the Licensee additional resources associated with the Software, such as corrections, patches, specific services, temporary modifications, updates or upgrades or User Documentation, (a) these additional resources may include or be governed by other provisions that are additional to or different from those set out in this Agreement (including, in particular, fees, license conditions or additional or different limitations on use), which the Licensee undertakes to respect, or (b) if these additional resources are not governed by other provisions, they will be governed by the same provisions as those of the License (including, in particular, the licenses and the License Type).

2.6. The Licensee is authorised to make a single archival copy of the Software in machine-readable form, solely for backup purposes. The Licensee must reproduce on this copy all copyright notices and other legal ownership notices that are found on the original version of the Software.

2.7. The Licensee authorises TVPaint Développement to check its use of the Software to ensure respect of the terms of this agreement. This check may be carried out at any time, on the condition that reasonable advance notice has been given. If this check establishes that use of the Software does not totally comply with the terms of this agreement, the Licensee shall reimburse TVPaint Développement for the full amount of the costs incurred for this check, to a reasonable amount, and face any proceedings that TVPaint Développement may bring against the Licensee as a consequence of this non-compliance.

2.8. Obligatory activation of the product. The license rights granted by this EULA are limited to a period of fourteen (14) days from the first installation of the Software if the Licensee does not provide the information required to activate its copy under license in accordance with the procedure described at the time of installation of the Software. Activation of the Software may require the use of an Internet connection or telephone; expenses may consequently apply. This Software includes technologies designed to prevent any illegal or unlicensed use. The Licensee authorises TVPaint Développement to use these technologies and undertakes to adhere to the conditions related to these technologies. If the Licensee modifies its hardware configuration, the Software may have to be re-activated.
Once the recommended activation period has expired, the rights of use of the Software will be limited until the Software is activated.
The Software must be updated from time to time and it will be necessary to download these updates via the TVPaint Développement internet site. Information on the activation of the license may then be transferred, such as the licence number (lock code) and activation code (unlock code).
If the software is not correctly activated and registered, the Software’s functionality may be affected. For example, it may be necessary to reinstall the Software and make a new request for the activation code (unlock-code).
Furthermore, you can only obtain Software updates from TVPaint Développement; Resellers and other entities are not authorised to provide them.

2.9 Effect of activation code (unlock-code): The Licensee acknowledges and agrees that receipt of an activation code (unlock-code) (provided to the Licensee in error or otherwise) does not constitute evidence and will not affect the scope of any license rights. The Licensee shall only enjoy the rights set out in this Agreement and the applicable license identification.

3. License limitations and prohibition

3.1 In cases others than those set out in Section 2, the making or distributing of copies of the Software or electronically transferring the Software over a network or from one computer to another is prohibited.

3.2. The Licensee is not authorised to alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble or otherwise reduce the Software to a comprehensible form. This limitation does not apply to decompilation for the purposes of interoperability set out in Article L 122-6-1 of the French Intellectual Property Code.

3.3. In cases other than those set out in this Agreement, the Licensee is not authorised to distribute, rent out, loan, lease, sell, sub-license, transfer or provide in any other fashion all or any of the components of the Software to any natural or legal person, saving express provisions to the contrary within this Agreement or express written authorisation from TVPaint Développement.

3.4. The Licensee is not authorised to install, access or allow installation or access to the software over the internet or on another non-local network, including, in particular, its use as part of a wide area network (WAN), a virtual private network (VPN), virtualisation, Web hosting, in time sharing, as part of an office service, software as a service, a dematerialisation service or technology or other, save from a written approval by TVPaint Développement.

3.5. The Licensee shall not carry out and shall not allow or aid third parties to carry out prohibited uses or activities. Any unauthorised use and any installation of the Software outside the scope of the applicable license (including, in particular, outside the License Type) or in a manner that is not in accordance with this Agreement, shall constitute or amount to a violation of the intellectual property rights of TVPaint Développement, as well as a breach of this Agreement. The Licensee shall immediately inform TVPaint Développement of any unauthorised use or other installation or unauthorised access.

3.6. The Licensee is prohibited from (i) using any equipment, device, software or other means to (or designed to) circumvent or remove any form of technical protection used by TVPaint Développement for Software usage. The Licensee may not use any equipment, device, software or other means to (or designed to) circumvent or remove any restrictions on use, or to activate any functionalities of the Software deactivated by TVPaint Développement.

3.7. In cases other than those set out in this Agreement, the Licensee is not authorised to modify the Software or to create any derivative works of the Software, or to remove, modify or hide any mention, label or mark of TVPaint ownership.

3.8. The Education versions should under no circumstances be used or distributed for commercial purposes.
Only (A) schools and training institutions which deliver a degree or diploma recognized by the government, the state or a competent authority, or (B) students duly enrolled in the aforementioned schools and training institutions with the aim of obtaining such a degree or diploma, shall be authorised to buy and use Education Licenses.
Students in possession of an Education License may continue to use it once their studies have finished. However, use of the education license may only be made for strictly personal purposes for the execution of self-employed work and may not be used by or on behalf of another entity.

3.9. In cases other than those set out in this Agreement, the Licensee is not authorised to (A) install or use, as a whole, more than one copy of the Trial Version of the Software; (B) download the Trial Version of the Software by using more than one identifier; (C) disseminate the results of software performance assessments obtained from the Trial Version to third parties without the prior written agreement of TVPaint Développement or; (D) use the Trial Version of the Software for purposes other than establishing whether or not you wish to purchase the license for the commercial or education version of the software; notwithstanding the above, the installation or use of the Trial Version of the Software for the purposes of commercial training is strictly prohibited. (E) More generally, the Trial version may under no circumstances be used for commercial purposes.

3.10. The Licensee is authorised to use the “not for resale” or “NDR” Trial Version of the software only for the purposes of testing and evaluating the Software or trialling it in the case of an agreement with TVPaint Développement.

3.11. The Licensee is not authorised to use the Software to develop an application with the main function the same as that of the Software.

3.12. In the event of failure to respect the terms of this EULA, TVPaint Développement reserves the right to terminate the license subject to 8 calendar days’ notice from the day when the Licensee is informed of the former’s intention. In such a case, the Licensee will be obliged to destroy all copies of the Software.

4. Property

The aforementioned license grants to the Licensee a limited license to use the Software. TVPaint Développement holds all rights, titles and interests, including intellectual property rights and copyright in relation to the Software (as an independent work and one that is the basis for an application which the Licensee is likely to develop) and all copies of the Software. TVPaint Développement reserves all rights that are not specifically granted in this EULA including the rights arising from federal and international treaties on intellectual property.

5. Confidentiality

The Licensee acknowledges and agrees that the Licensee (and third parties acting on its behalf) may provide, and that TVPaint Développement and its Resellers (and third parties acting on behalf of TVPaint Développement and its Resellers) may obtain certain information and data with regard to the Licensee (including, in particular, personal data) and its activity within the framework of this Agreement, including, in particular, information and data provided or obtained by TVPaint Développement and its Resellers (or third parties acting on behalf of TVPaint Développement and its Resellers), via the customer information form or otherwise, at the time of ordering, registering, activating, updating, validating the right to or checking of installation. The Licensee hereby accepts that TVPaint Développement shall retain, use and store this information and data (including, in particular, personal data, if relevant).

6. Limited warranty and limitation of liability

a. With the exception of the Trial Version or the “Not For Resale” or “NDR” version of the Software, TVPaint Développement guarantees that, for a period of ninety (90) days from the date of purchase (proven by your invoice): (A) the Software shall operated in accordance with the associated documentation, on the condition of being used with the recommended hardware requirements; and (B) the hardware on which the Software is provided not having any defects in materials or workmanship as far as normal usage is concerned.

b. TVPAINT DEVELOPPEMENT DOES NOT PROVIDE ANY EXPRESS OR TACIT REMEDY OR GUARANTEE, IN RELATION TO THE SAMPLE APPLICATION CODE, THE TRIAL VERSION AND NOT FOR RESALE VERSION OF THE SOFTWARE. THE SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION ARE PROVIDED “AS IS”.

c. IN CASES OTHER THAN THOSE SET OUT ABOVE FOR THE LIMITED GUARANTEE OF THE SAMPLE APPLICATION CODE AND TRIAL AND NOT FOR RESALE VERSIONS, TVPAINT DEVELOPPEMENT AND ITS SUPPLIERS DECLINE ANY EXPRESS, TACIT OR OTHER WARRANTY AND REPRESENTATION, INCLUDING WARRANTIES OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY THERE IS NO NON-INFRINGEMENT GUARANTEE AND TITLE OR PEACEFUL ENJOYMENT GUARANTEE. TVPaint Développement does not guarantee that the software is exempt from errors and that it will operate without interruption. NO RIGHT OR REMEDY UNDER ARTICLE II. 1 OF THE UNIVERSAL COPYRIGHT CONVENTION WILL BE GRANTED TO THE LICENSEE UNLESS EXPRESSLY STIPULATED IN THIS AGREEMENT. The software is not designed, planned or granted under license to be used in dangerous environments that require safety checks, including but not limited to environments for the design, construction, maintenance or operation of nuclear installations, air navigation or communication systems, air traffic control, life support systems and armaments. TVPaint Développement specifically declines any express or tacit warranty of fitness for these purposes.

d. IN SOME CASES, THE LAW REQUIRES GUARANTEES ON THE SOFTWARE. THESE GUARANTEES ARE LIMITED TO A DURATION OF NINETY (90) DAYS FROM THE DATE OF PURCHASE.

e. No information or oral or written advice provided by TVPaint Développement, its Resellers, distributors, agents or employees creates any warranty or extends in any way the scope of the warranty GIVEN HERE.

7. Exclusive judicial remedy

In accordance with the above, the exclusive judicial remedy is to return the Software to the place where it was purchased with a description of the problem. On condition of informing TVPaint Développement in writing of non-compliance under the warranty above within ninety (90) days from the date of purchase, TVPaint Développement undertakes to make reasonable commercial efforts to provide a replacement copy of the Software in accordance with the documentation, or replace the defective product. TVPaint Développement reserves the right to choose one of these options. TVPaint Développement declines any liability if the Software has been altered in any way, if the product has been damaged following incorrect usage, accident, abusive use, modification or erroneous application, or if the damage arises from use of the Software with a hardware configuration other than that recommended. Any accident, incorrect use, abusive use, modification or erroneous application of the Software shall annul the aforementioned warranty. THIS REMEDY IS THE SOLE, EXCLUSIVE REMEDY IN THE EVENT OF BREACH OF THE EXPRESS OR TACIT WARRANTIES IN RELATION TO THE SOFTWARE AND ASSOCIATED DOCUMENTATION.

8. LIMITATION OF LIABILITY

TVPAINT DEVELOPPEMENT AND ITS SUPPLIERS DECLINE ANY LIABILITY TOWARDS THE LICENSEE OR THIRD PARTIES IN THE EVENT OF INDIRECT, SPECIAL, ACCIDENTAL, DISSUASIVE, COVER OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGE DUE TO INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF USE, LOSS OF PROFIT, INTERRUPTION OF BUSINESS, ETC) LINKED TO THE USE OR INABILITY TO USE THE SOFTWARE. THIS LIMITATION OF LIABILITY IS BASED ON ALL THEORIES OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, MISCONDUCT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER, EVEN IF TVPAINT DEVELOPPEMENT OR ITS REPRESENTATIVES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY LIMITED REMEDY SPECIFIED HERE IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

9. Basis of offer

The limited warranty and limitation of liability, exclusive remedies and limited liability referred to above constitute the basic grounds on which the agreement between TVPaint Développement and the Licensee is based. TVPaint Développement would not be in a position to provide the Software on an economic basis without such limitations. The limited warranty and limitation of liability, the exclusive remedies and limited liability have no consequences in terms of TVPaint Développement’s licensors’ advantages.

10. Language of the Agreement

The French version of this Agreement has contractual value. It shall prevail in the event of inconsistencies or contradictions between the French version and any translations.

11. Interpretation

Any ambiguities contained in this Agreement may not be interpreted to the detriment of the party that drew up the Agreement.

12. End users solely consumers

The warranty and liability limitations and exclusions set out in this EULA do not affect statutory rights of consumers, namely persons who purchase the goods not as part of any professional activity.

The warranty, remedy and liability limitations and exclusions set out in this EULA are only applicable to the Licensee to the extent that these limitations or exclusions are authorised by the laws of the jurisdiction of your place of residence.

13. General provisions

This EULA is governed by the domestic laws of France, without giving effect to its principles of conflict of laws. The Licensee hereby accepts the exclusive authority of the jurisdiction and courts of France. The Metz courts alone will be competent in the event of legal proceedings in relation to this EULA. In any case, this EULA will be interpreted and applied independently of the United Nations Convention on Contracts for the International Sale of Goods.

No reseller, agent or employee of TVPaint Développement is authorised to make any amendments to anything set out in this EULA.
If one of the parts of this EULA is deemed contrary to law by a court of competent jurisdiction, this part would be applied to the extent possible and the other parts of this EULA would remain perfectly applicable.

Any questions regarding this agreement should be addressed to: TVPaint Développement, 45 rue Sente à My, 57000 Metz, France.

TVPaint Développement and the other trademarks contained in the Software are registered trademarks of TVPaint Développement in France and/or other countries. Third-party trademarks, trade names, product names and logos may be registered trademarks of their respective holders. The Licensee is not authorised to withdraw or amend the trademarks, trade names, product names, logos, copyright notices or other exclusive marks, legends, symbols or labels on the Software. This EULA does not authorise the Licensee to use the name of TVPaint Développement or its licensors, or their respective brand marks, without authorisation.

End User License Agreement
TVPaint Animation 11
© 1991-2018 TVPaint Développement. All Rights Reserved.

----- START OF FFMPEG SECTION -----

FFmpeg is distributed under the GNU Lesser General Public License (LGPL) version 2.1 or later.

However, FFmpeg incorporates several optional parts and optimisations that are covered by the GNU General Public License (GPL) version 2 or later. If any parts are subject to the GPL, the GPL applies to all of FFmpeg.

TVPaint Développement provides a utility enabling the use of FFmpeg without the need to enter command lines.

This version of the TVPaint Animation 11 software provides external libraries (called loader_FFmpeg.so,saver_FFmpeg.so) and includes FFmpeg project libraries.

Like the loader_FFmpeg.so,saver_FFmpeg.so libraries are linked statically to the FFmpeg libraries, this means that the loader_FFmpeg.so,saver_FFmpeg.so libraries are also under LGPLv2.1 license or later.

However as the TVPaint Animation 11 software is dynamically linked to the loader_FFmpeg.so,saver_FFmpeg.so libraries, it IS NOT under LGPLv2.1 license. Its license is this End User License Agreement without the “FFMPEG SECTION".

TVPaint Développement only holds source code copyright over the TVPaint Animation software with respect to all content outside this FFmpeg section and does not hold copyright over the other executables owned by FFmpeg or binaries owned by FFmpeg included in the installer.

The sources, options and compilation projects to generate loader_FFmpeg.so,saver_FFmpeg.so can be downloaded from our website (http://www.tvpaint.com), wherever there is a download link to TVPaint Animation 11 that uses the loader_FFmpeg.so,saver_FFmpeg.so libraries.

The authors, source code and any other information regarding the FFmpeg project itself can be found at this address: http://ffmpeg.org.

None of the following terms (after “END OF SECTION FFMPEG”) of this End User License Agreement applies to the libraries used in FFMPEG.

----- END OF FFMPEG SECTION -----


IMPORTANT: THIS END USER LICENSE AGREEMENT FOR SOFTWARE (“EULA”) IS A CONTRACT BETWEEN THE LICENSEE AND TVPAINT DEVELOPPEMENT. READ IT CAREFULLY BEFORE FINISHING INSTALLATION AND USING THE SOFTWARE. THIS LICENSE AGREEMENT AUTHORISES THE LICENSEE TO USE THE SOFTWARE AND CONTAINS INFORMATION ON LIMITATIONS OF LIABILITY AND WARRANTIES. BY INSTALLING AND USING THE SOFTWARE, THE LICENSEE ACKNOWLEDGES ACCEPTANCE OF THE SOFTWARE AND BEING BOUND BY THE TERMS OF THIS AGREEMENT.
IF THE LICENSEE DOES NOT WISH TO ACCEPT THIS AGREEMENT, OR IF THE LICENSEE DOES NOT HAVE THE RIGHT, THE POWER OR THE AUTHORITY TO ACT ON BEHALF OF THIS ENTITY OR TO ENTER INTO AGREEMENTS OR ACT ON HIS/HER OWN ACCOUNT AS A NATURAL PERSON (IN THE ABSENCE OF SUCH AN ENTITY), DO NOT CLICK ON THE “I ACCEPT” BUTTON OR ON ANY OTHER BUTTON OR SYSTEM USED TO ACCEPT THE AGREEMENT AND DO NOT INSTALL, COPY OR USE THE SOFTWARE IN ANY WAY, WHETHER IN WHOLE OR IN PART;


NON-ACCEPTANCE OF THIS AGREEMENT WILL NOT GIVE RISE TO THE RIGHT TO ANY REIMBURSEMENT.

THIS EULA REFERS ONLY TO THIS SOFTWARE PROVIDED BY TVPAINT DEVELOPPEMENT.


1. Definitions

1.1. “TVPaint Développement” corresponds to the company SARL TVPaint Développement.

1.2. “Licensee” means (a) the company or other legal person on whose behalf the Software Licenses are purchased or (b) in the absence of such an entity, the natural person who accepts this Agreement. For clarity, “Licensee” simply refers to one, specifically identified natural or legal person but does not refer to either subsidiaries of, or companies affiliated to, this legal or natural person, nor any other person associated therewith.

1.3. “Agreement” refers to this License Agreement, which may be amended periodically in accordance with the provisions hereof.

1.4. “Software” corresponds to only the TVPaint Développement software program(s) and third-party software supplied by TVPaint Développement, the corresponding documentation, associated media, printed, electronic or online materials.

1.5. “Reseller” refers to a distributor or reseller authorised directly or indirectly by TVPaint Développement to distribute Software licenses to the Licensee.

1.6. “Dongle”: A Dongle is a hardware component that connects to a USB port. It can be used to protect the software.
If the license is normally protected (protection against copying) by means of a USB dongle, the latter is essential for the purposes of software usage and from a legal perspective. In the case of the physical failure of the USB dongle (namely in the event of a USB dongle failure even if it does not show any external damage), this will be replaced without charge. In the event of loss of the USB dongle, it will be necessary to repurchase the Software License at the price of the installed Software License applicable at the date of loss.

1.7. “Upgrade” refers to a full commercial version that succeeds or replaces an earlier version (and which may include error corrections, patches, provisional modifications, updates and upgrades or may improve or enhance the functionalities or functions of the earlier version) for which TVPaint Développement generally applies a separate fee.

1.8. “Student” refers to a natural person who (i) at the time of installation of the Software is registered at a recognised educational establishment allowing him/her to obtain a qualification or certificate within the framework of an educational programme of at least nine (9) months and who, (ii) on the request of TVPaint Développement, can provide proof of such registration.

1.9. “Earlier version”, in relation to any current version, refers to an earlier version of the software which the current version succeeds or replaces (as established by TVPaint Développement).

1.10. “User Documentation” refers to all explanatory or educational components of the Software, in paper, electronic or online format that TVPaint Développement includes in the Software or provides to its clients when the latter obtain a license, purchase or install the Software.

1.11. “License Type”: refers to a license type specified by TVPaint Développement. The License Type includes the conditions specified by TVPaint Développement for each license type. The License Type is established by TVPaint Développement, and there are 7 License Types: Single-User Commercial License, Network Commercial License, Single-User Education License, Network Education License, Trial License, Nomad License, Open Android License.

1.11.1 “Single-User Commercial License”: If the License identification specifies that the License Type is a “ Single-User Commercial License ”, the Licensee is authorised to install the software on several computers but only use the software on a single computer at a time, on the condition that (i) the different copies of the Software under license are only accessible to the same person; (ii) this person is the Licensee (if the Licensee is a natural person) or an employee of the Licensee; (iii) this person accesses the additional copies only to work outside their usual place of work and only for the Licensee’s commercial needs. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Single-User Commercial License is for an unlimited duration.

1.11.2 “Network Commercial License”: If the License identification specifies that the type of License is a “Network Commercial License”, the Licensee is authorised to install the software on several computers, in a network, only as part of its internal commercial needs, and only to be used by its staff, subject to the maximum authorised number of simultaneous users not exceeding the authorised number of users defined by the number of licenses purchased by the Licensee. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Network Commercial License is for an unlimited duration.

1.11.3 “Single-User Education License”: If the License identification specifies that the type of License is a “Single-User Education License”, the Licensee is authorised to install the software on several computers but only to use the software on a single computer at a time on condition that (i) the different copies of the Software under license are only accessible to the same person, if the Licensee is a Student or by Students and learners at the educational institution, if the Licensee is that educational institution; (ii) the Licensee shall only have access to additional copies to continue training outside the educational establishment. The use of a Single-User Education License for commercial purposes is strictly forbidden and will terminate this License Agreement, unless the Licensee has purchased the License as a student and uses the License for strictly personal work. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Single-User Education License is for an unlimited duration.

1.11.4 “Network Education License”: If the License identification specifies that the type of License is a “Network Education License”, the Licensee is authorised to install the software on several computers, in a network, only for training or education purposes and only from sites that are not used for commercial, professional or profit-making ends, and are only used by Students or Teachers, subject to the maximum number of authorised simultaneous users not exceeding the authorised number of users defined by the number of licenses purchased by the Licensee. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, the Network Education License is for an unlimited duration.

1.11.5 “Trial License”: If TVPaint Développement indicates that the type of license is a “trial” version” or “not for resale” or “NFR” or “not for retail” in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) Computer, solely for the Licensee’s staff, solely for the purposes of assessment, and solely on the Licensee’s site. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a Trial License is granted for an unlimited duration.

1.11.6 “Nomad License” : If TVPaint Développement indicates that the type of license is a Nomad License in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) devise using Android Operation System. The Nomad License is dedicated to physical persons. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a « Nomad License » is granted for an unlimited duration.

1.11.7 “Open Android License” : If TVPaint Développement indicates that the type of license is a Open Android License in the License identification, the Licensee is authorised to install a copy of the specific version of the software on one (1) devise using Android Operation System. The Open Android License License is dedicated to physical persons. Neither studio, company nor school shall pretend any right for its use. Saving any provision to the contrary in this Agreement, and confirmed in writing by TVPaint Développement, a Open Android License is granted for a limited duration, and will terminate at 31 december 2019.

2. Granting of licenses

Licenses granted are subject to the terms and conditions defined in this Contract:

2.1. Subject to and on the condition that the Licensee respects this Contract at all times and pays the applicable fees, TVPaint Développement shall grant it a non-exclusive, untransferable license which may not be the subject of a sub-license.

2.2. The Licensee is authorised to install the Software on several computers, but may only use the Software simultaneously on the number of computers authorised by the License Type defined at the time of purchase.
The different License Types are described in part “1. Definitions”.
If the License Type is not specified or not mentioned in this Agreement, the License Type will, by default, be the “Trial License”.

2.3. If a Dongle is used as a protection system:
Depending on the Type of License, a specific Dongle provided solely by TVPaint Développement will be necessary in order to be able to use the software.
If the Licensee authorised a single-user version, the Dongle must be connected to the computer on which the software will be used.
Where using a network version, one or several specific Dongles must be used. This/these Dongle(s) must be connected to the server in order to allow use of floating Software licenses across the whole of the network linked to the server. The use of floating licenses with Dongle(s) makes it possible to install the Software across all the computers connected to the server, but the Licensee may only use the Software over a maximum number of computers equal to the number of floating licenses purchased.

2.3(a): If a Dongle is not used to protect the software:
If a Dongle is not used as a protection system for the Software, the Software will require an activation code (unlock code). This will depend on the Licensee’s machine and/or information that the Licensee will have provided to TVPaint Développement when purchasing the license. The Licensee acknowledges that only TVPaint Développement is authorised to provide this activation code (unlock code) and undertakes to obtain it only from TVPaint Développement, from its internet site or one of its employees.
The Licensee also accepts that the software could periodically access the internet to check that its license is valid. The Licensee also acknowledges that obtaining an activation code (unlock code) does not in itself constitute proof of purchase of the license. Only the Licensee’s receipt provides official proof of purchase.
If the Licensee uses a single-user version, it will not be possible to transfer the license to another machine, unless stated in writing to the contrary by TVPaint Développement. Saving written authorisation from TVPaint Développement, any breakdown, failure or theft of the Licensee’s computer does not lead to the granting of a new license for a different machine or the reimbursement thereof.
If using a network version, the Licensee may only use the Software on a maximum number of computers equal to the number of floating licenses purchased.

2.4. Effect of upgrades: If TVPaint Développement or a Reseller provides the Licensee with an Upgrade of the software already granted to the Licensee, the software already granted to the Licensee will thereafter be referred to as an Earlier Version.
Rights in relation to any Earlier Version will be terminated after the installation of the Upgrade. The Licensee will stop using any Earlier Version and will uninstall all copies of the Earlier Version. At the request of TVPaint Développement, the Licensee agrees to destroy or return to TVPaint Développement or the Reseller from which they were purchased, all copies of the Earlier Version.
TVPaint Développement reserves the right to ask the Licensee to produce reasonable evidence that all copies of an Earlier Version have indeed been uninstalled and where TVPaint Développement has so requested, they have been destroyed or returned to TVPaint Développement or the Reseller from which they were purchased.

2.5. If TVPaint Développement provides or makes available to the Licensee additional resources associated with the Software, such as corrections, patches, specific services, temporary modifications, updates or upgrades or User Documentation, (a) these additional resources may include or be governed by other provisions that are additional to or different from those set out in this Agreement (including, in particular, fees, license conditions or additional or different limitations on use), which the Licensee undertakes to respect, or (b) if these additional resources are not governed by other provisions, they will be governed by the same provisions as those of the License (including, in particular, the licenses and the License Type).

2.6. The Licensee is authorised to make a single archival copy of the Software in machine-readable form, solely for backup purposes. The Licensee must reproduce on this copy all copyright notices and other legal ownership notices that are found on the original version of the Software.

2.7. The Licensee authorises TVPaint Développement to check its use of the Software to ensure respect of the terms of this agreement. This check may be carried out at any time, on the condition that reasonable advance notice has been given. If this check establishes that use of the Software does not totally comply with the terms of this agreement, the Licensee shall reimburse TVPaint Développement for the full amount of the costs incurred for this check, to a reasonable amount, and face any proceedings that TVPaint Développement may bring against the Licensee as a consequence of this non-compliance.

2.8. Obligatory activation of the product. The license rights granted by this EULA are limited to a period of fourteen (14) days from the first installation of the Software if the Licensee does not provide the information required to activate its copy under license in accordance with the procedure described at the time of installation of the Software. Activation of the Software may require the use of an Internet connection or telephone; expenses may consequently apply. This Software includes technologies designed to prevent any illegal or unlicensed use. The Licensee authorises TVPaint Développement to use these technologies and undertakes to adhere to the conditions related to these technologies. If the Licensee modifies its hardware configuration, the Software may have to be re-activated.
Once the recommended activation period has expired, the rights of use of the Software will be limited until the Software is activated.
The Software must be updated from time to time and it will be necessary to download these updates via the TVPaint Développement internet site. Information on the activation of the license may then be transferred, such as the licence number (lock code) and activation code (unlock code).
If the software is not correctly activated and registered, the Software’s functionality may be affected. For example, it may be necessary to reinstall the Software and make a new request for the activation code (unlock-code).
Furthermore, you can only obtain Software updates from TVPaint Développement; Resellers and other entities are not authorised to provide them.

2.9 Effect of activation code (unlock-code): The Licensee acknowledges and agrees that receipt of an activation code (unlock-code) (provided to the Licensee in error or otherwise) does not constitute evidence and will not affect the scope of any license rights. The Licensee shall only enjoy the rights set out in this Agreement and the applicable license identification.

3. License limitations and prohibition

3.1 In cases others than those set out in Section 2, the making or distributing of copies of the Software or electronically transferring the Software over a network or from one computer to another is prohibited.

3.2. The Licensee is not authorised to alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble or otherwise reduce the Software to a comprehensible form. This limitation does not apply to decompilation for the purposes of interoperability set out in Article L 122-6-1 of the French Intellectual Property Code.

3.3. In cases other than those set out in this Agreement, the Licensee is not authorised to distribute, rent out, loan, lease, sell, sub-license, transfer or provide in any other fashion all or any of the components of the Software to any natural or legal person, saving express provisions to the contrary within this Agreement or express written authorisation from TVPaint Développement.

3.4. The Licensee is not authorised to install, access or allow installation or access to the software over the internet or on another non-local network, including, in particular, its use as part of a wide area network (WAN), a virtual private network (VPN), virtualisation, Web hosting, in time sharing, as part of an office service, software as a service, a dematerialisation service or technology or other.

3.5. The Licensee shall not carry out and shall not allow or aid third parties to carry out prohibited uses or activities. Any unauthorised use and any installation of the Software outside the scope of the applicable license (including, in particular, outside the License Type) or in a manner that is not in accordance with this Agreement, shall constitute or amount to a violation of the intellectual property rights of TVPaint Développement, as well as a breach of this Agreement. The Licensee shall immediately inform TVPaint Développement of any unauthorised use or other installation or unauthorised access.

3.6. The Licensee is prohibited from (i) using any equipment, device, software or other means to (or designed to) circumvent or remove any form of technical protection used by TVPaint Développement for Software usage. The Licensee may not use any equipment, device, software or other means to (or designed to) circumvent or remove any restrictions on use, or to activate any functionalities of the Software deactivated by TVPaint Développement.

3.7. In cases other than those set out in this Agreement, the Licensee is not authorised to modify the Software or to create any derivative works of the Software, or to remove, modify or hide any mention, label or mark of TVPaint ownership.

3.8. The Education versions should under no circumstances be used or distributed for commercial purposes.
Only students, schools and training institutions shall be authorised to buy and use education licenses.
Students in possession of an Education License may continue to use it once their studies have finished. However, use of the education license may only be made for strictly personal purposes for the execution of self-employed work and may not be used by or on behalf of another entity.

3.9. In cases other than those set out in this Agreement, the Licensee is not authorised to (A) install or use, as a whole, more than one copy of the Trial Version of the Software; (B) download the Trial Version of the Software by using more than one identifier; (C) disseminate the results of software performance assessments obtained from the Trial Version to third parties without the prior written agreement of TVPaint Développement or; (D) use the Trial Version of the Software for purposes other than establishing whether or not you wish to purchase the license for the commercial or education version of the software; notwithstanding the above, the installation or use of the Trial Version of the Software for the purposes of commercial training is strictly prohibited. (E) More generally, the Trial version may under no circumstances be used for commercial purposes.

3.10. The Licensee is authorised to use the “not for resale” or “NDR” Trial Version of the software only for the purposes of testing and evaluating the Software or trialling it in the case of an agreement with TVPaint Développement.

3.11. The Licensee is not authorised to use the Software to develop an application with the main function the same as that of the Software.

3.12. In the event of failure to respect the terms of this EULA, TVPaint Développement reserves the right to terminate the license subject to 8 calendar days’ notice from the day when the Licensee is informed of the former’s intention. In such a case, the Licensee will be obliged to destroy all copies of the Software.

4. Property

The aforementioned license grants to the Licensee a limited license to use the Software. TVPaint Développement holds all rights, titles and interests, including intellectual property rights and copyright in relation to the Software (as an independent work and one that is the basis for an application which the Licensee is likely to develop) and all copies of the Software. TVPaint Développement reserves all rights that are not specifically granted in this EULA including the rights arising from federal and international treaties on intellectual property.

5. Confidentiality

The Licensee acknowledges and agrees that the Licensee (and third parties acting on its behalf) may provide, and that TVPaint Développement and its Resellers (and third parties acting on behalf of TVPaint Développement and its Resellers) may obtain certain information and data with regard to the Licensee (including, in particular, personal data) and its activity within the framework of this Agreement, including, in particular, information and data provided or obtained by TVPaint Développement and its Resellers (or third parties acting on behalf of TVPaint Développement and its Resellers), via the customer information form or otherwise, at the time of ordering, registering, activating, updating, validating the right to or checking of installation. The Licensee hereby accepts that TVPaint Développement shall retain, use and store this information and data (including, in particular, personal data, if relevant).

6. Limited warranty and limitation of liability

a. With the exception of the Trial Version or the “Not For Resale” or “NDR” version of the Software, TVPaint Développement guarantees that, for a period of ninety (90) days from the date of purchase (proven by your invoice): (A) the Software shall operated in accordance with the associated documentation, on the condition of being used with the recommended hardware requirements; and (B) the hardware on which the Software is provided not having any defects in materials or workmanship as far as normal usage is concerned.

b. TVPAINT DEVELOPPEMENT DOES NOT PROVIDE ANY EXPRESS OR TACIT REMEDY OR GUARANTEE, IN RELATION TO THE SAMPLE APPLICATION CODE, THE TRIAL VERSION AND NOT FOR RESALE VERSION OF THE SOFTWARE. THE SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION ARE PROVIDED “AS IS”.

c. IN CASES OTHER THAN THOSE SET OUT ABOVE FOR THE LIMITED GUARANTEE OF THE SAMPLE APPLICATION CODE AND TRIAL AND NOT FOR RESALE VERSIONS, TVPAINT DEVELOPPEMENT AND ITS SUPPLIERS DECLINE ANY EXPRESS, TACIT OR OTHER WARRANTY AND REPRESENTATION, INCLUDING WARRANTIES OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY THERE IS NO NON-INFRINGEMENT GUARANTEE AND TITLE OR PEACEFUL ENJOYMENT GUARANTEE. TVPaint Développement does not guarantee that the software is exempt from errors and that it will operate without interruption. NO RIGHT OR REMEDY UNDER ARTICLE II. 1 OF THE UNIVERSAL COPYRIGHT CONVENTION WILL BE GRANTED TO THE LICENSEE UNLESS EXPRESSLY STIPULATED IN THIS AGREEMENT. The software is not designed, planned or granted under license to be used in dangerous environments that require safety checks, including but not limited to environments for the design, construction, maintenance or operation of nuclear installations, air navigation or communication systems, air traffic control, life support systems and armaments. TVPaint Développement specifically declines any express or tacit warranty of fitness for these purposes.

d. IN SOME CASES, THE LAW REQUIRES GUARANTEES ON THE SOFTWARE. THESE GUARANTEES ARE LIMITED TO A DURATION OF NINETY (90) DAYS FROM THE DATE OF PURCHASE.

e. No information or oral or written advice provided by TVPaint Développement, its Resellers, distributors, agents or employees creates any warranty or extends in any way the scope of the warranty GIVEN HERE.

7. Exclusive judicial remedy

In accordance with the above, the exclusive judicial remedy is to return the Software to the place where it was purchased with a description of the problem. On condition of informing TVPaint Développement in writing of non-compliance under the warranty above within ninety (90) days from the date of purchase, TVPaint Développement undertakes to make reasonable commercial efforts to provide a replacement copy of the Software in accordance with the documentation, or replace the defective product. TVPaint Développement reserves the right to choose one of these options. TVPaint Développement declines any liability if the Software has been altered in any way, if the product has been damaged following incorrect usage, accident, abusive use, modification or erroneous application, or if the damage arises from use of the Software with a hardware configuration other than that recommended. Any accident, incorrect use, abusive use, modification or erroneous application of the Software shall annul the aforementioned warranty. THIS REMEDY IS THE SOLE, EXCLUSIVE REMEDY IN THE EVENT OF BREACH OF THE EXPRESS OR TACIT WARRANTIES IN RELATION TO THE SOFTWARE AND ASSOCIATED DOCUMENTATION.

8. LIMITATION OF LIABILITY

TVPAINT DEVELOPPEMENT AND ITS SUPPLIERS DECLINE ANY LIABILITY TOWARDS THE LICENSEE OR THIRD PARTIES IN THE EVENT OF INDIRECT, SPECIAL, ACCIDENTAL, DISSUASIVE, COVER OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGE DUE TO INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF USE, LOSS OF PROFIT, INTERRUPTION OF BUSINESS, ETC) LINKED TO THE USE OR INABILITY TO USE THE SOFTWARE. THIS LIMITATION OF LIABILITY IS BASED ON ALL THEORIES OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, MISCONDUCT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER, EVEN IF TVPAINT DEVELOPPEMENT OR ITS REPRESENTATIVES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY LIMITED REMEDY SPECIFIED HERE IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

9. Basis of offer

The limited warranty and limitation of liability, exclusive remedies and limited liability referred to above constitute the basic grounds on which the agreement between TVPaint Développement and the Licensee is based. TVPaint Développement would not be in a position to provide the Software on an economic basis without such limitations. The limited warranty and limitation of liability, the exclusive remedies and limited liability have no consequences in terms of TVPaint Développement’s licensors’ advantages.

10. Language of the Agreement

The French version of this Agreement has contractual value. It shall prevail in the event of inconsistencies or contradictions between the French version and any translations.

11. Interpretation

Any ambiguities contained in this Agreement may not be interpreted to the detriment of the party that drew up the Agreement.

12. End users solely consumers

The warranty and liability limitations and exclusions set out in this EULA do not affect statutory rights of consumers, namely persons who purchase the goods not as part of any professional activity.

The warranty, remedy and liability limitations and exclusions set out in this EULA are only applicable to the Licensee to the extent that these limitations or exclusions are authorised by the laws of the jurisdiction of your place of residence.

13. General provisions

This EULA is governed by the domestic laws of France, without giving effect to its principles of conflict of laws. The Licensee hereby accepts the exclusive authority of the jurisdiction and courts of France. The Metz courts alone will be competent in the event of legal proceedings in relation to this EULA. In any case, this EULA will be interpreted and applied independently of the United Nations Convention on Contracts for the International Sale of Goods.

No reseller, agent or employee of TVPaint Développement is authorised to make any amendments to anything set out in this EULA.
If one of the parts of this EULA is deemed contrary to law by a court of competent jurisdiction, this part would be applied to the extent possible and the other parts of this EULA would remain perfectly applicable.

Any questions regarding this agreement should be addressed to: TVPaint Développement, 45 rue Sente à My, 57000 Metz, France.

TVPaint Développement and the other trademarks contained in the Software are registered trademarks of TVPaint Développement in France and/or other countries. Third-party trademarks, trade names, product names and logos may be registered trademarks of their respective holders. The Licensee is not authorised to withdraw or amend the trademarks, trade names, product names, logos, copyright notices or other exclusive marks, legends, symbols or labels on the Software. This EULA does not authorise the Licensee to use the name of TVPaint Développement or its licensors, or their respective brand marks, without authorisation.