> License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
(a) "Licensor" means CLO Virtual Fashion Inc. having its principal place of business at Republic of Korea.
(b) "Licensee" means the individual or legal entity specified in the License Certificate. For legal entities, "Licensee" includes any entity which controls, is controlled by, or is under common control with Licensee. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
(c) "Authorized User" means (i) if Licensee is an individual, solely Licensee; (ii) if Licensee is a legal entity, any employee, independent contractor and other temporary worker authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment.
(d) "Software" means software program known as "Marvelous Designer" in binary form, including its documentation, any third party software programs that are owned and licensed by parties other than Licensor and that either integrated with or made part of "Marvelous Designer" (collectively, "Third Party Software").
The Software, documentation and materials accompanying this License whether on disk, in read only memory, on any other media or in any other form are licensed to you by CLO Virtual Fashion Inc. You own the media on which the Software is recorded but CLO Virtual Fashion Inc. and/or CLO Virtual Fashion Inc.'s licensor(s) retain title to the Software. The Software in this package and any copies which this License authorizes you to make are subject to this License.
Permitted Uses and Restrictions.
(a) Enterprise Licenses are available to legal entities, including companies hiring 10 or more employees, government organizations and educational organizations. Enterprise Licenses that are registered in a legal entity name allow for use of the software on any computer, operating system, and by any employees within a legal entity, provided that the total number of concurrent users never exceeds the number of purchased licenses. Licensee may sell or distribute its orginal works and their derivatives in any file formats.
(b) Small Business Licenses are available to individual customer or legal entities, including companies hiring less than 10 employees, requiring the software for general commercial use. Small Business Licenses that are registered in a legal entity name allow for use of the software on any computer, operating system, and by any employees within a legal entity, provided that the total number of concurrent users never exceeds the number of purchased licenses. Licensee may sell or distribute its orginal works and their derivatives in any file formats. The usage is prohibited in companies with more than 9 employees, government organizations and educational organizations.
(c) Personal License is a named-user license which restricts the use of the software to the person who purchased that license. The license allows for installation of the software on different computers (at work and/or at home), provided that multiple instances of the software will not be used at the same time. A Personal License is not available to a company or an individual who expects reimbursement of the license fee from a company. A Personal License is property of an individual who have purchased it using his/her own funds and should be limited to only one per each individual. Transfer of a personal license to a company or other individuals is prohibited by this License Agreement. The usage is prohibited in companies, government organizations and educational organizations.
- 3D Data Sales: Licensee may distribute his/her own 3D works created in Software and their 3D derivatives for non-commercial purpose. Licensee may sell his/her own 3D works and their 3D derivatives solely in www.MarvelousDesigner.com.
- 2D Data Sales: Licensee may distribute or sell any 2D images and 2D animations derived from his/her original works.
(d) Trial License is granted a right to use the Software for evaluation purposes without charge. Licensee's use of the Software shall be limited to the internal evaluation of the Software for the sole purpose of determining whether the Software meets Licensee's requirements and whether Licensee desires to continue use of the Software.
Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Software in whole or part. Your rights under this License will terminate automatically without notice from CLO Virtual Fashion Inc. if you fail to comply with any term(s) of this License.
Term of Validity
Perpetual License is perpetual to the purchased version of the software. Upgrades to new versions of the Software are optional and may be provided by Licensor at an additional charge.
Subscription License allows to use the Software for the licensed period. The license allows for free upgrades to all new releases of the software within the licensed period. License renewal is available on request.
You acknowledge that the Software and related materials provided by Licensor are the exclusive property of Licensor and said materials are furnished solely to assist you in the installation, operation and use of the Software. The only right which obtains to the Software and related materials is the right of use in accordance with the terms of this License. Title to or ownership in all applicable rights in patent, copyright, trademark and trade secrets in Software and related materials shall remain exclusively with Licensor. Software uses QT, FTGL, ZLib, Minizip, FreeImage and ColladaDom libraries, OpenSSL, Nullsoft Scriptable Install System, and NanumGothic font(NHN) under their License Agreement.
Limited Warranty on Media (if applicable).
Licensor warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Licensor 's option, a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to Licensor or a Licensor's authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. LICENSOR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
Interruption of Service
Licensor reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that Licensor will not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
You acknowledge that the Service may be interrupted for reasons beyond the control of Licensor, and Licensor cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Licensor shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
Licensor has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.
Licensor shall not be obligated to refund all or any portion of any Account fee or Additional Feature fee by reason of any interruption of the Service by reason of any of the circumstances described in paragraph (a) or (b).
Disclaimer of Warranty on Software.
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and CLO Virtual Fashion Inc. and CLO Virtual Fashion Inc.'s licensor(s) (for the purposes of provisions 3 and 4, CLO Virtual Fashion, Inc. and CLO Virtual Fashion Inc.'s licensor(s) shall be collectively referred to as "CLO Virtual Fashion") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. CLO VIRTUAL FASHION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, CLO VIRTUAL FASHION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLO VIRTUAL FASHION OR A CLO VIRTUAL FASHION AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CLO VIRTUAL FASHION OR A PAD SYSTEM TECHOLOGIES AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING CLO VIRTUAL FASHION PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CLO VIRTUAL FASHION'S NEGLIGENCE.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLO VIRTUAL FASHION BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
Term and Termination.
CLO Virtual Fashion shall have the right to terminate this Licence if you fail to comply with the terms and conditions herein contained. CLO Virtual Fashion shall give written notice to you of such defaults and if such defaults have not been cured within 30 days after such notice, then CLO Virtual Fashion shall be entitled, in addition to any other rights it may have under this Licence or in law, to terminate this Licence. You agree, upon expiration of the term of the present Licence or upon termination by reason of your default, to immediately return or destroy the Software and copies thereof and related materials as directed by CLO Virtual Fashion and, if requested by CLO Virtual Fashion, to certify in writing as to the destruction or return of the Software and all copies thereof.
You agree that CLO Virtual Fashion may perform such tests as CLO Virtual Fashion shall deem necessary to monitor compliance with this License at any time, with or without notice, during normal business hours.
Controlling Law and Severability.
This License shall be governed by the laws of Republic of Korea. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
When you use Software, we may collect the software usage logs and the hardware specs of your computer. We may use the data to improve Software and relevant services only.
This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by CLO Virtual Fashion, Inc.
CLO VIRTUAL FASHION, INC.
403-16, Seokyo-dong, Mapo-gu,
Seoul, Republic of Korea
Copyright (c) 2012 CLO Virtual Fashion Inc. Business Contact: email@example.com
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