Thursday 19 May 2022
READ THE TERMS AND CONDITIONS OF THIS BETA TEST AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THIS PRODUCT. THIS IS A LICENCE FOR A PRODUCT CONSISTING OF COMPUTER SOFTWARE PROGRAMS AND THE ACCOMPANYING USER DOCUMENTATION. THIS PRODUCT IS LICENSED (NOT SOLD), AND IS PROTECTED BY COPYRIGHT LAW. BY CLICKING THE I AGREE BUTTON YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE PLEASE CLICK I DISAGREE.
This Agreement for Beta Test Software (Agreement) is made by and between The Foundry, an English corporation having a place of business at 5 Golden Square, London W1F 9HT, United Kingdom and the Beta Test Site (Licensee). Licensee desires to evaluate and The Foundry agrees to provide for evaluation the unreleased software and related documentation identified as Nuke Studio 10.0v4.000018b for Mac (Software). Licensee and The Foundry therefore agree as follows:
Licensee agrees that the Software and any information related thereto, including the existence, features and capabilities of the Software (Confidential Information) shall not be disclosed to third parties and shall only be disclosed and used within Licensee's own organization for evaluation purposes and discussion with The Foundry
Licensee agrees to evaluate the Software, to report any problems with the Software to The Foundry, and to respond to The Foundry's questions concerning Licensee's use of the Software.
Licensee acknowledges that the Software is a pre-release version, does not represent a final product, and may contain bugs, errors and other problems that could cause system failures. Consequently, Licensee agrees that the Software is provided AS IS and acknowledges that THE FOUNDRY MAKES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE. IN NO EVENT SHALL THE FOUNDRY BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR DAMAGES, INCLUDING LOST PROFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE BEARS ALL RISKS OF PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, LICENSEE SHALL ASSUME ANY COSTS OF CORRECTION.
This license is effective upon your opening of this package and will continue until terminated. If you breach this Licence, The Foundry may terminate the Licence immediately by notice to you. You agree that, upon termination of the Licence, you will either return to us or destroy all copies of the Software and User Documentation in your posession.The Foundry may terminate the license for any reason on fifteen (15) days prior notice,The provisions of Paragraphs 1,3,4,5 and 6 shall survive any termination of this Agreement.
All materials furnished to Licensee by The Foundry which are the property of The Foundry shall remain the property of The Foundry.
Licensee agrees that it will not export or re-export the Software in any form without the appropriate English and foreign government licenses and the permission of The Foundry.
7.1 This Agreement shall be governed in all respects by the laws of England.
7.2 Notices between the parties shall be by personal delivery, facsimile or certified or registered mail, return receipt requested, and shall be deemed given upon receipt at the address of the party or five days after deposit in the mail.
7.3 In the event of any invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent of the invalid provision. IN WITNESS WHEREOF, this Agreement is executed as of the day and year first above written.