« the LICENSEE »: any moral or physical person who acquires any product edited by PERSISTANT STUDIOS.
« Documentation »: means user documentation and/or specifications relating to the Software.
« Intellectual Property Rights »: means copyright, registered and unregistered designs, database rights, registered and unregistered trademarks and trading names, patent rights, know-how, performance rights, goodwill and applications for any of the same and other rights of a similar nature enforceable anywhere in the world.
« the Software »: any version of PopcornFX, editor, SDK or plugin.
We consider that any buying act on the PopcornFX store is a virtual agreement (“Agreement”), in which PERSISTANT STUDIOS grants THE LICENSEE and THE LICENSEE accepts a nonexclusive, non-transferable and royalty-free right to use the Software within the limitation given by the chosen license type (personal or studio license), according to the terms and conditions specified below.
3. Right of use
THE LICENSEE will not duplicate, alter, modify or adapt the Software, or sublicense, sell, lease, rent or otherwise disclose it to any third party. THE LICENSEE shall not, nor permit others to, decompile, reverse engineer or disassemble the Software. By exception, THE LICENSEE may decompile the Software only to the extent permitted by Law when it is indispensable to obtain the information necessary to achieve the interoperability with another program. THE LICENSEE will not correct or make a third party correct any error contained in the Software without PERSISTANT STUDIOS’s prior and written consent.THE LICENSEE will inform PERSISTANT STUDIOS (by any written media) of any use of the Software for public demonstration.
4. Intellectual Property
The Software is licensed, not sold. PERSISTANT STUDIOS retains ownership of the Software including all intellectual property rights therein. The Software is protected by copyright laws and international treaties. The copyright and all other Intellectual Property Rights of the Software are and remain the property of PERSISTANT STUDIOS. THE LICENSEE shall not acquire any title, copyright or other proprietary rights in the Software or any copy other than specified in this agreement. THE LICENSEE undertakes to keep the copyright notice on the code of the Software and in the Documentation.
The Software is licensed to THE LICENSEE on an “as is” basis. THE LICENSEE acknowledges that PERSISTANT STUDIOS does not represent or warrant that the Software will perform in every operating environment, will have uninterrupted or error free operation or that any error will be corrected or correctable. Notwithstanding the above, PERSISTANT STUDIOS warrants that the Software and the Documentation shall not infringe the Intellectual Property Rights or other rights of a third party, that PERSISTANT STUDIOS and the Software comply with all applicable laws and regulations, and that the Software shall not contain any computer viruses, back doors, or harmful or malicious code.
Under no circumstance will either Party be liable for any consequential, indirect or incidental damages or loss of profits, whether foreseeable or unforeseeable, based on claims of the other Party (including, but not limited to, claims for loss of data, goodwill, use of money, interruption in use or availability of data).
PERSISTANT STUDIOS may provide THE LICENSEE with professional and technical services on an “as needed”, mutually agreed basis.
8. Non disclosure
“Confidential Information” means (a) the Software, and any features, results or output produced by, and other information relating to, the Software (b) any and all non-public technical and non-technical information disclosed from the Effective Date by one Party (a “Disclosing Party”) to the other Party (a “Receiving Party”), including, but not limited to, trade secrets, works of authorship, inventions, know-how, techniques, design, software programs, software code and software source documents; (b) non-public information regarding research, development, new service offerings and products and (c) the existence of any business discussions, negotiations or agreements between the Parties. Each party agrees to respect and make its employees respect the strictest confidentiality about all the Confidential Information of any kind that each Party learns about the other Party pursuant to this Agreement.
Each Party agrees to:
use the Confidential Information for the sole purpose of this Agreement in accordance with the conditions specified in section 2 and 3 of this Agreement;
maintain the confidentiality of the Confidential Information, and in particular, not to disclose to any third party the Confidential Information without prior written authorization of the other Party;
not to use or allow to be used all or part of the Confidential Information for the benefit of a third party without prior written authorization of the other Party;
adhere to at least the same standard of care in protecting the Confidential Information as that employed to preserve and safeguard its own confidential information;
make all arrangements necessary with employees and agents under the authority of the Parties so that the obligations of this commitment are respected;
not make or allow public or private reports, written or oral, mentioning all or part of the said Confidential Information without prior written authorization of the other Party;
not submit requests in its name or a third party’s name for any Intellectual Property Rights on the Confidential Information;
Notwithstanding the foregoing, the obligations set forth in this section shall not apply to the extent any information (a) was in the public domain at the time it was communicated to the Receiving Party by the Disclosing Party; (b) entered the public domain subsequent to the time it was communicated to the Receiving Party by the Disclosing Party, through no fault of the Receiving Party; (c) was in the Receiving Party’s possession, free of any obligation of confidence, at the time it was communicated to the Receiving Party by the Disclosing Party; (d) was rightfully communicated to the Receiving Party by a third party, free of any obligation of confidence, subsequent to the time it was communicated to the Receiving Party by the Disclosing Party; or (e) is developed by employees or agents of the Receiving Party independently of and without reference to any Confidential Information.
No right under this agreement shall be assigned by either Party without the prior written approval of the other Party.
No explicit support is provided with any non SDK products. If the LICENSEE needs any help, he may send an email to [email protected] or post a question on https://answers.popcornfx.com A specific support contract can be initiate, please find information on the support page
11. Miscellaneous provisions / General
Severability: If any provision of this agreement is identified to be invalid, unlawful or unenforceable, it shall be declared void or invalid, but such decision will not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
Integration: This Agreement contains the entire agreement of the Parties with respect to the subject matter of this Agreement and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the Parties with respect to said subject matter. No terms, provisions, or conditions of any purchase order, acknowledgement, or other business form that either party may use in connection with the transactions contemplated by this Agreement shall have any effect on the rights, duties, or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of a receiving party to object to these terms, provisions, or conditions.
Communication: by default all declared project are set as confidential. By clicking the checkbox “public project” while the checkout step allows PERSISTANT STUDIOS to use the name, logos and visuals of produced elements as its communication elements. The name of the game, the developer / studio game will always be attached as a copyright mark joined to those elements.
12. Governing law
This agreement will be governed and construed in accordance with the Laws of France.
13. Litigation / disputes
In the event of a dispute ensuing from the interpretation or the performance of this agreement, the Parties undertake to initially seek a friendly solution. If such solution cannot be reached, the dispute will be for the exclusive competence of French Courts.
UE4 PopcornFX Plugin Plugin specificity
By buying and using the PopcornFX Unreal Engine 4 plugin, you explicitly agree that:
you will ONLY use delivered content into the Unreal Engine 4 development tool
you will NEVER use in a different way the UE4 PopcornFX Plugin and the PopcornFX Runtime SDK part
every change that you make to the plugin source code has to be reported to PERSISTANT STUDIOS
you do not have the right to make any change in the PopcornFX Runtime SDK source code nor binaries. If you have any comment, bug report or enhancement query, contact PERSISTANT STUDIOS
you cannot lease, rent or sell source code, nor binaries in any form
Unreal Engine 4 assets: Assets you have created in Unreal Engine 4 are your property and can be sold on any store. If you allow PERSISTANT STUDIOS to use this content as a communication content, please email [email protected]
The final shipped game: you have to manage your final project export to prevent any direct or indirect access to the source codes
Under this agreement PERSISTANT STUDIOS grants to THE LICENSEE the right to use the Software in the following conditions. Solely:
– for non-commercial use
– for tests, educational, evaluation and internal use
– for use with or without software owned by or licensed to THE LICENSEE
If the project becomes a commercial one, you need to upgrade your license from personal to studio. The Parties agree that THE LICENSEE can base scientific publications and demonstrations on its work using the Software; in this case, THE LICENSEE shall mention the use of the Software by inserting, in a manner at its discretion, the following notice: “Particle Effects powered by PopcornFX”.
For any other creation using the Software with non-commercial purpose, the Parties agree that THE LICENSEE shall mention the use of the Software by inserting in the opening sequence the Software logo (https://www.popcornfx.com/press/) and crediting the Software with the following notice “Particle effects powered by PopcornFX” in the ending sequence.
Non disclosure add-on
LICENSEE may disclose Confidential Information to its current and future affiliates so long as such affiliates agree to be bound to confidentiality obligations substantially similar to the obligations in this Agreement. LICENSEE shall be liable to PERSISTANT STUDIOS for any unauthorized disclosures of Confidential Information by LICENSEE’s current or future affiliates.
Veracity of numerical information
For any product, studios have to fill numerical informations (non exhaustively: Game budget, number of seats,…). Those informations are gathered to calculate the total amount of the sale. The LICENSEE swears on its honor that filed information is correct. If a fraudulent misrepresentation is proven, PERSISTANT STUDIOS may ask to have an immediate financial compensation considering the difference between declared numbers and reality.
The number of seats is given by the size of the production’s VFX team. If the production has no VFX artists or developer, and only uses outsourcing, it must purchase at least one seat.