License agreement for Graphesent Anim
(Updated on April 3, 2019)
The agreement has 14 sections.

Section 1 of 14: Purpose of agreement

This agreement describes the terms that if agreed, a revocable, non-exclusive and non-transferable evaluation license for Graphesent Anim is granted or a revocable, non-exclusive and non-transferable premium license for Graphesent Anim might be granted. A license for Graphesent Anim allows the licensee to install or use Graphesent Anim subject to limitations mentioned in this agreement and the terms of this agreement. Installation or use of Graphesent Anim without agreeing to this agreement is strictly forbidden.

This agreement governs two types of licenses for Graphesent Anim:
1- Evaluation license for Graphesent Anim
2- Premium license for Graphesent Anim

Section 2 of 14: Definitions

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Gradelms Software Inc.: refers to the Gradelms Gradelms Software Inc. incorporated provincially in Nova Scotia province of Canada as a company limited by shares with business number 709803886.
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Graphesent Anim : refers to Graphesent Anim software. Graphesent Anim might have different releases distinguishable by different release identifiers. Any release of Graphesent Anim with any release identifier is considered Graphesent Anim. The releae identifiers are in form of [<year>.<incremental number>]. A higher incremental number indicates a later release. Graphesent Anim that is not released (like under-development stages) is out of scope of this agreement.
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Licensee of evaluation license: refers to any individual or legal entity who is granted an evaluation license for Graphesent Anim.
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Licensee of premium license: refers to any individual or legal entity who is granted a premium license for Graphesent Anim.
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Section 3 of 14: Copyright ownership

Unless changed by a legal copyright ownership transfer, the copyright owner of Graphesent Anim is Gradelms Software Inc.

This agreement or grant of a license or selling of a license does not change the copyright owner of Graphesent Anim. This agreement or grant of a license or selling of a license does not transfer the copyright ownership of Graphesent Anim.

Section 4 of 14: Governing law

This agreement shall be governed by, and constructed in accordance with the laws of the Nova Scotia province of Canada and the laws of Canada applicable in the Nova Scotia province of Canada.

Section 5 of 14: Disclaimer of warranties and limitation of liabilities

This section applies only to the maximum extent not prohibited by applicable law. The maximum extent in the previous sentence shall be interpreted as maximum disclaim of warranties and maximum limitation of liabilities.

Graphesent Anim IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL Gradelms Software Inc. OR ANY AUTHOR OF Graphesent Anim OR ANY COPYRIGHT OWNER OF Graphesent Anim OR ANY PREVIOUS COPYRIGHT OWNER OF Graphesent Anim OR Mr. Farshad Barahimi BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH Graphesent Anim OR THE USE OR OTHER DEALINGS IN Graphesent Anim.

In no event shall Gradelms Software Inc. or any author of Graphesent Anim or any copyright owner of Graphesent Anim or any previous copyright owner of Graphesent Anim or Mr. Farshad Barahimi, be liable for any consequence of any shorter than expected evaluation mode usage or any longer than expected evaluation mode usage.

Section 6 of 14: License types, limitations and prerequisites of grant

There are two types of license for Graphesent Anim:

1- Evaluation license for Graphesent Anim: Is granted to any individual or legal entity who agrees with this agreement and gives the licensee of evaluation license a revocable, non-exclusive and non-transferable right to install Graphesent Anim and use Graphesent Anim in the evaluation mode, subject to the terms of this agreement and solely for the licensee's use. As of release identifier 2018.5008, evaluation mode usage should be limited to before the end of the 7th day after the first run of the same release of Graphesent Anim on the same computer by the licensee or the same user of the operating system. The software may interpret, implement or enforce the time limitation in the previous sentence in anyway that it does. Any attempt to use the evaluation mode beyond the specified time limitation is strictly forbidden. Any change of the operating system date, time, or time zone, may cause miscomputation of the evaluation mode time limitation by the software. As of release identifier 2017.5005, in the evaluation mode, the text for the beginning of generated video files is set to "Created by Graphesent Anim software" which is not modifiable.

2- Premium license for Graphesent Anim: If granted, gives the licensee of premium license a revocable, non-exclusive and non-transferable right to install Graphesent Anim and to use Graphesent Anim in premium mode, subject to terms of this agreement and solely for the licensee's use. Premium license requires a premium license activation code. The premium license activation code should have been authorized for the licensee by the copyright owner of Graphesent Anim. An individual or legal entity who accepts this agreement and obtains a premium license activation code is granted a revocable, non-exclusive and non-transferable premium license for Graphesent Anim by the copyright owner of Graphesent Anim.

Regardless of whether Graphesent Anim is in the evaluation mode or in the premium mode, some limitations not explicitly mentioned in this agreement, may exist in Graphesent Anim.

For each premium license activation code obtained by the licensee, the licensee is granted at most one premium license. A premium license activation code cannot be used to infer more than 1 premium license.

If the licensee of a premium license for Graphesent Anim, is a legal entity, usage of Graphesent Anim allowed by that premium license is limited to one user within the legal entity on each day. Multiple users of a legal entity who want to use Graphesent Anim in premium mode on the same day, should use separate premium licenses with different premium license activation codes.

Authorization of a premium license activation code is revocable.

The usage and installation allowed by an evaluation license for Graphesent Anim granted based on agreeing to this agreement is limited to the release with release identifier 2018.5008 or the releases later than the release with release identifier 2018.5008.

Section 7 of 14: Copying, distribution, modification and reverse engineering

Unless considered a fair dealing by applicable law, copying or distribution or modification or reverse engineering of Graphesent Anim, without express permission of the copyright owner of Graphesent Anim is strictly forbidden.

Section 8 of 14: In case of changes

In case copyright owner of Graphesent Anim is changed by a legal copyright ownership transfer, any revocable permission given for Graphesent Anim by a prior copyright owner of Graphesent Anim, will be valid unless revoked by the new copyright owner of Graphesent Anim.

In case copyright owner of Graphesent Anim is changed by a legal copyright ownership transfer, any revocable license granted for Graphesent Anim by a prior copyright owner of Graphesent Anim, will be valid unless revoked by the new copyright owner of Graphesent Anim.

In case copyright owner of Graphesent Anim is changed by a legal copyright ownership transfer, any revocable premium license activation code authorization made for Graphesent Anim by a prior copyright owner of Graphesent Anim, will be valid unless revoked by the new copyright owner of Graphesent Anim.

In case this agreement is updated and the updated agreement is included in a release of Graphesent Anim, agreeing with the updated agreement can replace agreeing with this agreement as long as the installation and usage is limited to the releases of Graphesent Anim that include the updated agreement.

In case this agreement is updated and the updated agreement is included in a release of Graphesent Anim, agreeing with the updated agreement is required for installing or using the releases of Graphesent Anim that include the updated agreement.

Section 9 of 14: Sublicense, rent, lease, transfer and assign

Sublicense, rent, lease or transfer of a license for Graphesent Anim without express permission of the copyright owner of Graphesent Anim is strictly forbidden.

Assign of a license for Graphesent Anim except for a legal entity who has obtained the license to a user within the same legal entity, without express permission of the copyright owner of Graphesent Anim is strictly forbidden. In case of assign of a license for Graphesent Anim from a legal entity to a user within the same legal entity, the legal entity remains the licensee of the license.

Section 10 of 14: Third party libraries

Graphesent Anim may use third party libraries with separate legal terms. Regardless of the legal terms for those third party libraries, section 5 of this agreement applies.

Section 11 of 14: Termination

The copyright owner of Graphesent Anim has the right to terminate this agreement or any license for Graphesent Anim.

If a licensee wants to terminate this agreement he may do so after uninstalling Graphesent Anim and removing any copies of Graphesent Anim.

If a licensee terminates this agreement he may not use or install Graphesent Anim after termination.

If this agreement is terminated any license given based on this agreement is revoked.

If a license is revoked any rights given based on that license is revoked.

Section 12 of 14: Refund

This section applies only to the maximum extent not prohibited by applicable law and not explicitly expressed otherwise at the time of buying a license by the copyright owner of Graphesent Anim or a legal entity authorized by the copyright owner of Graphesent Anim.

If any payment is made to any copyright owner of Graphesent Anim to obtain a license, the copyright owner of Graphesent Anim reserves the right to not refund the payment at all, but may choose to refund completely or refund partially or not refund at all .

Section 13 of 14: Information recording and email

The copyright owner of Graphesent Anim or any legal entity authorized by the copyright owner of Graphesent Anim may record the licensee name, licensee email, premium license activation code or other information related to obtaining or purchasing a license for Graphesent Anim.

To the maximum extent not prohibited by applicable law, by obtaining a license for Graphesent Anim, the licensee gives consent to receive emails or marketing emails, in relationship to Graphesent Anim or the license for Graphesent Anim, from the copyright owner of Graphesent Anim or any legal entity authorized by the copyright owner of Graphesent Anim.

Section 14 of 14: Server communication using internet

In order to check for updates, Graphesent Anim may communicate with a web server using internet which may be in the background or not in the background.

In order to download updates, Graphesent Anim may communicate with a web server using internet which may be in the background or not in the background.

Graphesent Anim may open the default web browser of the computer in order to show a web page whose URL may indicate the release identifier of the running instance of Graphesent Anim or not indicate the release of identifier of the running instance of Graphesent Anim.