Licence agreement

1Your licence

The Software is licensed, not sold. When you buy a licence key, we give you a personal, non-exclusive, non-transferable right to use the Software under these terms.

• A key is for one person. If a business buys keys, each key is for one named person at that business.
• A key can be active on up to two computers at a time. You can deactivate a computer and activate another as often as you like.
• You may use the Software for personal and commercial work. Everything you render with it is yours. We ask for no royalty and no credit.

2Trial use

Without a licence key the Software works in full but draws a watermark over the picture. You may use it this way, for as long as you like, to try it out. Section 3 applies to trial use too.

3What you may not do

You may not, and may not help or allow anyone else to:

• share, publish, sell or give away your licence key;
• copy, redistribute, sell, rent, lease or sublicense the Software, except for back-up copies for your own use;
• reverse engineer, decompile, disassemble or modify the Software, or try to work out its source code, algorithms or data;
• crack the Software: remove, disable, bypass or tamper with its licence check, activation or watermark, whether by patching it, using a key generator, faking or blocking our licensing server, or any other means;
• make, share or use a cracked or modified copy of the Software, or any tool, patch or instructions for cracking it;
• take any part of the Software, such as its code, shaders or grain data, and use it on its own or in another product;
• use the Software, or anything learnt by taking it apart, to make a competing product;
• interfere with or overload our activation or licensing service; or
• remove any copyright or licence notice.

The law of some countries, including New Zealand, lets you do some of these things in limited cases, for example to make the Software work with other software. Where it does, this section does not take that right away.

4Activation and the data it uses

Activating a key needs an internet connection. When you activate or deactivate a key, and when the Software rechecks its licence from time to time, it sends your licence key and a name for your computer to us and to our payment and licensing provider. It may also check whether a newer version is available. It sends nothing about your projects, footage or renders. Rendering does not need an internet connection.

5Updates and support

Every update is free for licence holders, including new major versions. We may release updates and offer support, but we are not obliged to. These terms cover any update unless it comes with its own.

6Refunds

This agreement will be updated with refund terms when the paid version is released.

7Ownership and third parties

We own the Software and all rights in it. This agreement gives you only the rights in section 1. The Software includes third-party components (OpenFX, PocketFFT and the Instrument Sans typeface) under their own licences, which are in the licenses folder of the plugin bundle.

Filmic Texture is not affiliated with or endorsed by Blackmagic Design or any film manufacturer. DaVinci Resolve is a trademark of Blackmagic Design Pty Ltd. Other names belong to their owners.

8Ending the licence

Your licence lasts until it ends under this section. It ends automatically if you break these terms, or if your purchase is refunded or charged back. We may disable, without a refund, a key that has been shared, published or used with a cracked copy. When your licence ends you must stop using the key. If it ended because you broke these terms, you must also stop using the Software and delete every copy you have.

A cracked or modified copy of the Software comes with no licence at all, and using it infringes our copyright. We may take legal action against anyone who cracks the Software or shares a cracked copy. Sections 3, 7, 9, 10 and 11 still apply after your licence ends.

9No warranty

To the extent the law allows, the Software is provided “as is”, without warranties of any kind. We do not promise that it is free of errors, or that it will keep working with future versions of your editing software or operating system. Check your renders before you deliver them.

10Limit of liability

To the extent the law allows, we are not liable for lost profits, lost data, missed deadlines or any indirect or consequential loss, and our total liability to you is limited to the amount you paid for your licence. Nothing in this agreement takes away rights you have under consumer law that cannot be excluded.

If you buy or use the Software for the purposes of a business, you agree that the New Zealand Consumer Guarantees Act 1993 does not apply.

11General

This agreement is governed by the laws of New Zealand, and the courts of New Zealand can hear any dispute about it. It is the whole agreement between you and us about the Software. If we do not enforce a term straight away, we can still enforce it later. If part of it cannot be enforced, the rest still applies. We may change these terms for future versions; the terms that came with the version you use apply to that version. Questions: [email protected].