License Agreement update
Changes to Nov 19, 2019 Version Since Oct 4, 2018 Version
The EULA has changed in a number of places:
Added the New Karma Renderer
In the Definitions section, from:
"Interactive Software" means the portions of the Software excluding Houdini Mantra, Houdini Batch, and command-line Houdini Engine. Interactive Software includes Houdini Core, Houdini FX, and the Houdini Engine plug-ins.
to:
"Interactive Software" means the portions of the Software excluding Houdini Mantra, Karma, Houdini Batch, hython, and command-line Houdini Engine. Interactive Software includes Houdini Core, Houdini FX, PilotPDG, and the Houdini Engine plug-ins.
Removed the Resolution Restriction from Houdini Indie
Removed (ii) from section 3.7:
the User must not render sequences at a resolution higher than 4096x4096;
Clarified that Houdini Education Licenses are for Learning Houdini
In Appendix A, Education License Type, Permitted Usage, from:
The Software may be Used only for: (A) purposes directly related to learning, teaching, training and research that are part of the instructional functions performed by a formal educational institution, such as a degree-granting or certificate-granting college or university, or any other dedicated learning, teaching or training facility; or (B) training and education purposes by a Licensee engaged in Commercial activities. The Software may not be Used to generate any work product that will be used in any Commercial manner.
to:
The Software may be Used only for purposes directly related to learning the Software, teaching the Software, and training others to Use the Software. To be clear, the Software may not be Used to generate any work product that will be used in any Commercial manner. The Software may be Used only by (A) a formal educational institution, such as a degree-granting or certificate-granting college or university; (B) any other dedicated learning, teaching or training facility performing instructional functions; or (C) a Licensee engaged in Commercial activities approved by SideFX to Use the software for training purposes.
Adjusted Data Communicated to SideFX
Changed section 1.4 from:
Communication of Usage Data. Licensee acknowledges that the Software may communicate to SideFX certain technical, non-personal information concerning Licensee's Licenses and Use of the Software. Licensee hereby consents to such communication.
to:
Communication of Usage Data. Licensee acknowledges that the Software may communicate to SideFX certain technical, non-personal information concerning Licensee's Licenses and Use of the Software. In addition, User's names, usernames and Computer names may be communicated to SideFX if the Software detects the Use of fraudulent Licenses. Licensee hereby consents to such communication.
Added a Feedback and Contributions Section
Added the following to the definitions section:
"Feedback" means any feedback, suggestions, or corrections that you provide to SideFX regarding the Software or other SideFX products and services.
"Contribution" means any code, whether in source code format or object code format, or any other content or information, that you make available to SideFX in order to improve the Software.
Increased the numbering for sections 9 through 12 and added a new section 9:
9. Feedback and Contributions
9.1. Assigning Rights. If Licensee provides SideFX with any Feedback, SideFX is free to use the Feedback however it chooses. If Licensee makes any Contribution available to SideFX, Licensee hereby assigns to SideFX all right, title, and interest (including all copyright, patent, and other intellectual property rights) in that Contribution for all current and future methods and forms of exploitation in any country. If any of those rights are not effectively assigned under applicable law, Licensee hereby grants SideFX a non-exclusive, fully-paid, irrevocable, transferable, sublicensable license to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make derivative works based on, and otherwise exploit that Contribution for all current and future methods and forms of exploitation in any country. If any of those rights may not be assigned or licensed under applicable law (such as moral and other personal rights), Licensee hereby waives and agrees not to assert all of those rights. However, Licensee may continue to freely use any Feedback that Licensee provides to SideFX, and Licensee may continue to use, in any manner consistent with the License, any Contribution that Licensee makes available to SideFX.
9.2. Credit and Compensation. Licensee understands and agrees that SideFX is not required to make any use of any Feedback or Contribution that License provides. Licensee agrees that if SideFX makes use of Licensee's Feedback or Contribution, SideFX is not required to credit or compensate Licensee for their contribution.
9.3. Ability to Grant Rights. Licensee represents and warrants that Licensee has sufficient rights in any Feedback or Contribution that Licensee provides to SideFX to grant SideFX and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
Added a Developer License Type
In Appendix A, added:
Developer License Type
Permitted Use
The Licensee may create Commercial plug-ins for the Software and may use the Software to test their plug-ins. The Licensee may not use the Software to create content for Commercial purposes.
All other permissions and restrictions listed in the Local Access License Type apply.
Clarified Houdini Indie Use to Match the Terms on the Checkout Page
Added the following definitions:
"Eligible Indie Individual" means an individual who has in the current calendar year, or had in the most recently completed calendar year, aggregate gross revenues of less than $100,000 USD from direct or indirect Use of the Software outside an Organization.
"Eligible Indie Organization" means an Organization such that the Organization and its Affiliates collectively have in the current calendar year, or had in the most recently completed calendar year, directly or indirectly, aggregate gross revenues from all sources less than $100,000 USD. Additionally, any funding received by this Organization or its Affiliates, including private equity, venture capital, angel or mezzanine financing, and all other forms of funding, in the last 24 months is less than $1,000,000 USD.
"Indie User" means a Licensee Using the Software via an Indie License who is either an Eligible Indie Individual or an Eligible Indie Organization.
Changed section 6.2 from:
6.2. Indie Licenses. The pricing applicable to Indie Licenses is only available to those individuals or Organizations (the "Indie User") where: (i) such Indie User and its Affiliates and related individuals collectively have in the current calendar year, or had in the most recently completed calendar year, directly or indirectly, aggregate gross revenues from all sources less than US$100,000; and (ii) in the case of an Indie User that is using the Software to create content for a third party that will use such content in connection with a Commercial activity, such third party and its Affiliates and related individuals collectively have in the current calendar year, or had in the most recently completed calendar year, directly or indirectly, aggregate gross revenues from all sources less than US$100,000. If Licensee is taking advantage of the pricing applicable to Indie Licenses, Licensee represents and warrants that it satisfies the criteria set out in this Section 6.2.
to:
6.2. Indie Licenses. Indie Licenses are only available to Eligible Indie Individuals and Eligible Indie Organizations. For clarity, if an Organization is Using a Commercial License of the Software, an Eligible Indie Individual who is Licensee Personnel of the Organization may Use the Software outside of that Organization via an Indie License. In the case of an Indie User who is using the Software to create content that is not final rendered images for a third party, and that third party will use such content in connection with a Commercial activity, such third party and its Affiliates and related individuals must also be Eligible Indie Individuals or Eligible Indie Organizations. If Licensee is taking advantage of the pricing applicable to Indie Licenses, Licensee represents and warrants that it satisfies the criteria set out in this Section 6.2.