End User License Agreement

Effective Date: November 13th, 2020

1. ACCEPTANCE OF TERMS

By downloading, installing, and using Marmoset Toolbag (the “Software”) you are held to the terms and restrictions of this license.

2. COPYRIGHT NOTICE

Marmoset LLC retains all right, title and interest in the Software and its associated documentation and library assets including all intellectual property rights embodied therein and derivatives thereof. All rights, title, and interest are protected by the copyright laws that pertain to computer software. The Software, or any derivatives thereof, may not be resold, rented, leased, distributed (electronically or otherwise), or offered on any other for-charge basis for any purpose.

All works created by the licensee with the use of the Software, including any third-party marks, trademarks, or copyrights associated with the works created, will be owned by licensee, and no assumption of ownership is made by Marmoset LLC, or Marmoset LLC’s owners, employees, agents or assignees.

3. GRANT OF LICENSE

By installing this software Marmoset grants the licensee a limited, non-exclusive, non-transferable license to use an object code version of the Software and accompanying example content, documentation, and Toolbag Library assets for both commercial and non-commercial purposes in accordance with the Software Use Limitations section below.

Licensee may install the Software on more than one computer but concurrent use of different installations of the Software shall not exceed the number of valid license seats the End User has paid for and has been authorized to use.

4. SOFTWARE USE LIMITATIONS

For each license granted the person(s) permitted to use each license are restricted to be in accordance with the license type purchased.

4.1 “Individual” licenses are personal licenses and licensed strictly for use by the person making the purchase. Any visual and creative works created with the Software under an Individual license is authorized for commercial and non-commercial use.

4.2 “Academic” licenses are licensed to the academic institution making the purchase. License use is granted to any staff member, faculty, student, or legal agent of the academic institution who owns the license, whether on-site or remotely located. In the event the license was purchased through a reseller on behalf of a client the client academic institution is the licensee. Any visual and creative works created with the Software under an Academic License are for academic purposes only and may not be resold, rented, leased, or offered on any other for-charge basis.

4.3 “Studio” licenses are licensed to the company making the purchase. License use is granted to any company owner or legal agent or legal employee of the company, whether on-site or remotely located. In the event the license was purchased through a reseller on behalf of a client the client company is the licensee. Any visual and creative works created with the Software under a Studio License are authorized for commercial use.

4.4 “Trial” licenses are granted for personal evaluation purposes only. Each individual is entitled to one 30-day free trial license.

5. TERM OF LICENSE

5.1 Perpetual licenses grant the licensee indefinite access to the Software and the Toolbag Library so as long as the licensee is in accordance with the terms of the license. Software updates and updates to the Toolbag Library will be provided to the licensee without additional charge but availability of those updates will be limited to point release updates for the whole number version of the Software for which the license was purchased.

5.2 Subscription licenses grant the licensee access to the Software and the Toolbag Library and include all associated updates for the duration of the licensee’s active term of subscription and as long the licensee is in accordance with the terms of their license.

6. SUBSCRIPTION RENEWAL

The term of a Subscription license will auto-renew in either 1-month or 12-month terms determined by the license term purchased and beginning from the date of original license purchase. Licensee may voluntarily cancel a subscription renewal and opt out of auto-renewal for any active subscription through their Marmoset Account (https://account.marmoset.co). If auto-renewal is disabled a subscription license will remain active until the currently active term expires.

7. CANCELLATIONS AND REFUNDS

7.1 Perpetual Licenses may be cancelled and a full refund provided within 14 days of a completed payment. Upon a cancellation granted by Marmoset the license purchased will be cancelled and the licensee will be unable to access the Software with that license from the date of cancellation.

7.2 Annual Term Subscription licenses may be cancelled and a refund provided within 14 days of the most recently completed term payment. Only the most recent term payment completed may be refunded. Upon a cancellation granted by Marmoset the license will be cancelled and the licensee will be unable to access the Software with that license from the date of cancellation.

7.3 Monthly Term Subscription licenses may be cancelled and a refund provided within 7 days of the most recently completed term payment. Only the most recent term payment completed may be refunded. Upon a cancellation granted by Marmoset the license will be cancelled and the licensee will be unable to access the Software with that license from the date of cancellation.

7.4 Requests for refunds must be submitted to Marmoset’s support team at support@marmoset.co

8. DISCLAIMER OF WARRANTY ON SOFTWARE

The Software, related documentation, and support media is provided “as is”. Marmoset LLC explicitly disclaims all warranties, including but not limited to the implied warranties of merchantability and fitness for a specific purpose.

9. LIMITATION OF LIABILITY

The entire risk arising out of the use or performance of the Software remains with the End User. Under no circumstances shall Marmoset LLC, or its respective owners, employees, agents or assignees be liable for any incidental, special or consequential damages that may result from the use or inability to use the Software or related documentation.

10. SUPPORT

If any questions or comments arise regarding the use of the Software the End User is entitled to free email support. Please contact us at support@marmoset.co.

11. ADDITIONAL CREDITS

A special thanks to the following for support and contributions to Toolbag. Any digital assets provided by the following and included with Toolbag remain property of their respective owners – unless mutual agreement outside of these terms is in place – and no assumption of ownership is made by Marmoset LLC.

Example Scenes:
“Foxy Lady” Scene – Viviane Herzog & Thomas Pradeilles

Software:
Portions Copyright (c) Intel.
Portions Copyright (c) NVIDIA.
Portions Copyright (c) Syoyo Fujita.
Portions Copyright (c) Morten S. Mikkelsen.
Portions Copyright (c) 1988-1997 Sam Leffler.
Portions Copyright (C) 2011-2016 by Stefan Gustavson.
Portions Copyright (c) 1991-1997 Silicon Graphics, Inc.
Portions Copyright (c) 1998, 2002-2008 Kiyoshi Matsui. All rights reserved.
Portions Copyright (c) 2016-present, Facebook, Inc. All rights reserved.
Portions Copyright (c) 2009-2017 Dave Gamble and cJSON contributors.
Portions Copyright (c) 2016-present, Facebook, Inc. All rights reserved.
Portions Copyright (c) 2001-2020 Python Software Foundation; All Rights Reserved.
Portions TM & (c) 2009-2015 Lucasfilm Entertainment Company Ltd. or Lucasfilm Ltd. All rights reserved.

Portions of this software are based in part on the work of the Independent JPEG Group.

This software contains Autodesk FBX code developed by Autodesk, Inc. Copyright 2020 Autodesk, Inc. All rights, reserved. Such code is provided “as is” and Autodesk, Inc. disclaims any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. In no event shall Autodesk, Inc. be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of such code.