OTOY,
INC.
OctaneRender
®
OctaneRender Studio™
OctaneRender Prime™
OctaneRender
Cloud
®
END USER LICENSE
AGREEMENT
THIS END USER LICENSE AGREEMENT (“Agreement”) is made by and between OTOY, Inc. and its affiliates
and subsidiaries, with its principal offices at 1010 Wilshire Blvd., Los Angeles, CA 90017 (“OTOY”) and you
(“Customer”), which governs your use of the OTOY Property (as defined herein). Do not access or use the OTOY
Property until you have carefully read the following Standard Terms and Conditions. By accepting this Agreement,
either by pressing the “Agree” button (or other button or mechanism designed to acknowledge agreement) indicating
your acceptance or by using or accessing the OTOY Property, you agree to be legally bound by the terms and
conditions of this Agreement. The date upon which You accept the terms and conditions of this Agreement or You
use or access the OTOY Property, whichever date is earlier, shall be deemed to be the “Effective Date” of this
Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that
you have the authority to legally bind such entity and its Affiliates to these terms and conditions, in which case the
terms “You”, “Your” and/or “Customer” shall refer to such entity and its Affiliates. If you do not agree to the terms
of this Agreement or you do not have the right, power and authority to legally bind your Company (if any) and yourself,
then do not click the “Agree” button (or other button or mechanism designed to acknowledge agreement) and do not
access or use the OTOY Property. This Agreement is effective between Customer and OTOY as of the date Customer
accepts it.
The Agreement, including the Standard Terms and Conditions, the Support and Maintenance Addendum (Exhibit A),
and the terms and conditions set forth in each Customer Order (as defined herein) states the entire agreement between
the parties regarding its subject matter and supersedes all prior and contemporaneous agreements, terms sheets, letters
of intent, understandings, and communications, whether written or oral. All amounts paid by Customer under this
Agreement shall be non-refundable and non-recoupable, unless otherwise provided herein. The provisions of this
Agreement may be amended or changed from time to time in OTOY’s sole discretion. The rights granted herein are
subject to the terms and conditions set forth in each Customer Order (as defined herein) and such terms and conditions
are a part of this Agreement.
IF YOU ORDER A SUBSCRIPTION LICENSE, YOU WILL AUTOMATICALLY BE CHARGED
IN
ACCORDANCE WITH THE TERMS OF SECTION 8.2 BELOW. YOU MAY CANCEL AT ANY
TIME
PURSUANT TO THE INSTRUCTIONS IN SECTION 8.2
BELOW.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS,
AND
REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST
DISPUTES.
THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF
A
DISPUTE.