1.1 "Licensor" means Orvind, the company providing the Orvind platform and associated tools.
1.2 "Software" means the Orvind Unity Recorder Extension, including all associated files, packages, updates, documentation, and any related components provided by Licensor.
1.3 "Licensee" means the individual or legal entity that has accepted this Agreement and is authorized to use the Software under a valid Orvind account.
1.4 "Authorized Use" means use of the Software solely in connection with Licensee's own Unity projects for the purpose of collecting and submitting assets to the Orvind platform.
2.1 Subject to the terms and conditions of this Agreement, Licensor hereby grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software solely for Authorized Use.
2.2 This license is personal to the Licensee and may not be assigned or transferred to any other individual or entity without the prior written consent of Licensor.
2.3 Licensee may install the Software on devices under Licensee's direct control and used solely by Licensee for Authorized Use.
Licensee shall NOT, directly or indirectly:
4.1 The Software and all copies thereof are proprietary to Licensor and title thereto remains in Licensor. All intellectual property rights (including, without limitation, patents, copyrights, trademarks, trade secrets, and any other proprietary rights) in and to the Software are and shall remain the exclusive property of Orvind.
4.2 Licensee acknowledges that no title to the intellectual property in the Software is transferred to Licensee. Licensee further acknowledges that no license to the source code of the Software is granted by this Agreement.
4.3 Any feedback, suggestions, or improvements provided by Licensee regarding the Software shall be considered non-confidential and Licensor shall have the right to use such information without restriction and without any obligation to compensate Licensee.
5.1 Licensee acknowledges that the Software constitutes confidential and proprietary information of Licensor, including but not limited to its structure, architecture, interfaces, and repository access credentials.
5.2 Licensee agrees to maintain the confidentiality of the Software and shall not disclose any aspect of it to any third party without Licensor's prior written consent. This obligation shall survive the termination of this Agreement.
6.1 Licensor may, at its sole discretion, provide updates, patches, or new versions of the Software. Any such updates shall be subject to the terms of this Agreement unless accompanied by a separate agreement.
6.2 Licensor reserves the right to modify, suspend, or discontinue the Software or any portion thereof at any time without notice or liability.
7.1 This Agreement is effective upon Licensee's acceptance and shall continue until terminated.
7.2 This Agreement will terminate automatically and without notice if Licensee breaches any provision herein. Upon termination, Licensee must immediately cease all use of the Software and destroy all copies in Licensee's possession or control.
7.3 Licensor may terminate this Agreement at any time for any reason upon written notice to Licensee.
7.4 Sections 4 (Intellectual Property), 5 (Confidentiality), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), and 10 (General) shall survive any termination of this Agreement.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE TO LICENSOR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10.1 Governing Law. This Agreement shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles.
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, representations, and agreements.
10.3 Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
10.4 No Waiver. Failure by Licensor to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
10.5 Contact. For questions regarding this Agreement, please contact Orvind through the Orvind platform.