
1.18 “Release” means any Update or Upgrade if and when such Update or Upgrade is made available to
Customer by OTOY. In the event of a dispute as to whether a particular Release is an Upgrade or an Update, OTOY’s
published designation will be dispositive.
1.19 “Software” means the software and plug-ins that OTOY provides to Customer (in object code format
only) as identified on the Order or otherwise provided by OTOY (including OctaneBench), and any Releases thereto
if and when such Releases are made available by OTOY.
1.20 “Trial Period” means a limited period of days from the Effective Date as indicated in the Order on
OTOY’s websites unless terminated earlier in accordance with this Agreement.
1.21 “Update” means, if and when available, any Error corrections, fixes, workarounds or other maintenance
releases to the version of the Software and/or Cloud Services provided by OTOY to Customer.
1.22 “Upgrade” means, if and when available, new releases or versions of the Software and/or Cloud
Services, that materially improve the functionality of, or add material functional capabilities to the Software and/or
Cloud Services, as applicable. “Upgrade” does not include the release of a new product for which there is a separate
charge. If a question arises as to whether a release is an Upgrade or a new product, OTOY’s sole determination will
prevail.
2. LICENSES; RESTRICTIONS; OBLIGATIONS
2.1 OTOY Licenses to
Customer.
(i) Software. Subject to the terms and conditions of this Agreement, during the term specified
on the Order and within the scope of the license type specified on the Order, OTOY hereby grants Customer and its
End Users a non-exclusive, non-transferable, non-sublicensable, limited license, solely for the purposes set forth on
the Order, to (a) download, install, execute, and use the Software solely within the Product Use Environment and (b)
use the Documentation. Customer’s license herein to the Software for any trial version of the Software shall be limited
to use solely for the purposes of internally evaluating the Software during the Trial Period and such use shall be limited
to one individual Customer on one standalone computer system.
(ii) Cloud Service. Subject to the terms and conditions of this Agreement, during the term of
the Agreement, OTOY hereby grants Customer a non-exclusive, non-transferable, non-sublicensable, limited license,
solely for the purposes set forth on the Order, to (a) access and use the Cloud Services purchased by Customer and (b)
use the Documentation. The Cloud Service is limited to use by one individual Customer only and such Customer is
required to be an active subscriber of OctaneRender Studio or OctaneRender Prime in order to access the Cloud Service.
2.2 License Restrictions. Customer shall not (and shall not permit any End User to): (a) use the OTOY
Property, except as expressly permitted under Section 2.1; (b) separate the components of any OTOY Property for use
on different computers and/or use one (1) Software license on more than one single computer at the same time (it may
require approximately one (1) hour in between de-activating and re-activating a Software license on another single
computer); (c) copy, adapt, alter, publicly display, publicly perform, translate, create derivative works of, or otherwise
modify any OTOY Property, except as expressly permitted in this Agreement; (d) sublicense, lease, rent, loan, or
distribute any OTOY Property to any third party; (e) transfer the OTOY Property to any third party (except as provided
under Section 13.7); (f) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for
any OTOY Property, except as permitted by applicable law; (g) remove, alter or obscure any proprietary notices on
OTOY Property; (h) allow third parties to access or use any OTOY Property, including any use in any application
service provider environment, service bureau, or time-sharing arrangements; (i) access or use any OTOY Property to
build a competitive product or service or publish any performance, benchmark test, or analysis relating to the OTOY
Property, without the prior written consent of OTOY; (j) attempt to engage in or engage in, any potentially harmful
acts that are directed against the OTOY Properties, including but not limited to violating or attempting to violate any
security features of the OTOY Properties, using manual or automated software, including without limitation, robots,
spiders, or scripts, or other means to access OTOY Properties, introducing viruses, worms, or similar harmful code
into the OTOY Properties, or interfering or attempting to interfere with use of the OTOY Properties by any other user,