End User License Agreement (EULA)


This Tresrrr Software End User License Agreement (Agreement or License or EULA) is between the end user (hereinafter referred to as You or Licensee), and Tresrrr Software Inc., (collectively referred to as Tresrrr, or Licensor), the developer and owner of the program and software (hereinafter referred to as Licensed Software or Tresrrr Software or Software).

IMPORTANT: BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION, COLLECTIONS FROM TRESRRR EFFECTS STORE (collectively “SOFTWARE”) YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT.

Please read this agreement carefully before downloading or installing the software. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact Tresrrr. Any installing, copying, accessing, or using the Licensed Software by you (the “Licensee”) constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA

TERMS AND CONDITIONS:

  1. LICENSED SOFTWARE
    The “Licensed Software” includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to: third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software (“Documentation”); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.
  2. GRANT OF THE LICENSE
    Subject to the terms and conditions of this Agreement, Tresrrr hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on two separated computers solely for your personal, private and non-commercial use, unless you have purchased a commercial license from Tresrrr. Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from Tresrrr in advance. Tresrrr reserves all rights not expressly granted to You in this Agreement.
  3. LICENSE RESTRICTIONS
    1. Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and
    2. Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and
    3. Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and
    4. Licensee may not and agrees not to or enable others to use the Licensed Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and
    5. Licensee may not and agrees not to or enable others to remove or obscure Licensor’s copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Software or Documentation; and
    6. Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
    7. Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by this EULA; and
    8. Licensee may not use any other music tracks, elements, pictures, videos which are not provided by Tresrrr within the Software unless you have got a license or permit or proper authority to use them; and
    9. Licensee may not use any music track, elements, pictures, videos in the Software (including Collections from Effects Store) commercially or in any other manner not provided in this Agreement.
  4. INSTALLATION 
    Licensee may install one copy of the Licensed Software on a single computer. The Licensee must be the primary user of the computer on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on three or more computers is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more computers. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Licensed Software.
  5. SOFTWARE IMPROVEMENT PROGRAM
    Tresrrr is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of Tresrrr.

In order to provide and improve the software, its features, and user’s experience, we will automatically collect, maintain, process and use information concerning the way the various modules and functionalities of Tresrrr software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.

We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.

  1. ACTIVATION
    The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of computers and for a defined period in time designated by the purchased License. The Licensed Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn’t complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.
  2. EVALUATION COPY
    Licensee may be granted an evaluation copy of the Licensed Software free of charge for a finite period of time (the “Evaluation Copy”). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Software, Licensee have to purchase a valid license activation key. From the moment that Licensee activates Licensed Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety.
  3. TERM
    There are several kinds of License which Licensee may choose to purchase. If the Licensee choose to purchase a lifetime license, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
  4. LICENSE TRANSFER
    Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
  5. SOFTWARE UPDATES
    Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates and/or Content Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, “Update” means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. “Content Update” shall mean an update of the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensed Software may require Content Updates in order to work effectively. The Licensor may add new functions, music track, elements, pictures, videos, or delete original functions, music track, elements, pictures, and videos in the Update Software or Upgrade Software.
  6. INTELLECTUAL PROPERTY OWNERSHIP
    The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the Commonwealth of Australia and the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.
  7. SUPPORT
    The Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
  8. TERMINATION BY TRESRRR
    Subject to the terms and conditions, Tresrrr shall be entitled to terminate this EULA effective immediately upon serving written notice on the Licensee in the following circumstances; if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Tresrrr. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
  9. NO WARRANTY ON LICENSED SOFTWARE
    THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE “AS IS.” THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION.

YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF TRESRRR SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRESRRR OR AN AUTHORIZED REPRESENTATIVE SHALL CREAT WARRANTY.

THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). TRESRRR MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA’S PROVISIONS ON RESTRISTION OF LIABILITY SHALL APPLY.

  1. LIMITATION OF LIABILITY
    IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR’S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.

IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER’S RIGHT FOR WHICH TRESRRR MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE COMPANY’S WRITTEN NOTICE (INCLUDING BY EMAIL), TRESRRR MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, TRESRRR SHALL NOT BEAR OTHER LIABILITIES TO YOU.

  1. INDEMNIFICATION
    LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM OR RELATING TO LICENSEE’S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE’S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
  2. END-USER GENERATED CONTENT
    The Licensed Software enables the Licensee to enter content that will be stored on the computer on which the Licensed Software is installed (such content shall be referred to herein as the “End-User Generated Content”). Licensee is solely responsible for Licensee’s use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee’s intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.

Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.

Licensee is responsible for independently verifying the accuracy and completeness of Licensee’s contents (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software).

Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.

If Licensee or Licensee’s attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee’s attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee’s paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys’ fees, costs, and lawsuits that arise from, or result from, Licensee’s use or distribution of any and all Content and its use of the Licensed Software.

  1. EXPORT RESTRICTIONS
    You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
  2. GOVERNING LAW AND DISPUTE RESOLUTION
    This agreement will be governed by the laws of the Commonwealth of Australia without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.

ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.

ADDITIONAL EULA TERMS
This Additional EULA Terms shall apply to other Tresrrr software products.
IMPORTANT: This Additional EULA Terms is part of “Tresrrr Software END USER LICENSE AGREEMENT”. By installing the Software, the End User (hereinafter referred to as you or the End User) is agreeing to be bound by this Additional EULA Terms, together with all the terms and conditions of “Tresrrr Software END USER LICENSE AGREEMENT”.

  1. GRANT OF LICENSE
    This EULA grants you the following rights with respect to the SOFTWARE:
    Tresrrr hereby grants you a revocable, personal, non-exclusive and nontransferable license to install and activate the Software on only one facility (including but not limited to computer, cellphone, tablet computer, etc.) for your personal and non-commercial use unless you have bought a business license. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless you have first purchased at least a Business license or a Multi-users license from Tresrrr. For Business License, you may provide the Software to multiple users according to the number of pieces you choose to buy at the time of purchase.
    Tresrrr have the right to stipulate a different restriction about the number of facility Software can be installed on in the product description at the time of purchase.
  2. LIMITATION OF USE
    The trial license has fewer functions compared with personal license and business license, and can only be used for a specific period of time. After such period, you must purchase a personal license or business license if you want to continue to use. If you have bought a Personal License, you are restricted from using this Software for commercial or financial gain, including but not limited to, performing technical or consulting services.
    If you are a service provider or managed service provider (collectively, “MSP”) that provides software and systems management services, you must buy a Business License rather than a Personal License. And you may, subject to the terms and conditions of this EULA, use the Software in the performance of the foregoing services. Deployment for the purposes of servicing multiple customers concurrently per Software license is permitted only with a Commercial license. MSP may not permit their customers to access and/or use the Software directly, either via a hosted software solution or a hosted or leased hardware solution.
    If you contract with a third party to perform services such as network management, monitoring, implementation, consulting or other outsourcing services for you (the “Consultant”), the Consultant may use the Software licensed by you solely for your benefit in the performance of such contract, provided, however, that you ensure that the Consultant uses the Software in accordance with the terms of this EULA. Notwithstanding the foregoing, the Consultant is not authorized under your license to use the Software for its own internal business use.
  3. PROTECTION OF PRIVACY
    Tresrrr respects and protects your privacy, and will not share, sell, use or disclose your personal information to any third-parties, unless your written agreement under related law and regulation.
    Under the following conditions, Tresrrr will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.
    1. Obtain your prior authorization;
    2. Reveal your personal information to offer products and services requested by you;
    3. According to relevant laws, regulations or requirements of the relevant government agencies;
    4. To protect Tresrrr’s legal rights and interests;
    5. You violate the provisions of the EULA;
  4. TERM OF LICENSE
    The purchase of a license gives the End User the right to use the Software for a specific period of time or lifetime, which is decided by the license period you choose to buy.
  5. COPYRIGHT
    All title and copyrights in and to the SOFTWARE(including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by Tresrrr or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, and may not remove or conceal any proprietary notices, labels or marks from the Software.
  6. DISCLAIMER OF WARRANTY
    TRESRRR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THE SOFTWARE BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, SO THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SOFTWARE, AND THAT IF YOU USE SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU MAY CAUSE DAMAGE TO YOUR COMPUTER, CELLPHONE, TABLET COMPUTER, OTHER FACILITIES AND FACILITY SYSTEM. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
  7. MISCELLANEOUS
    TRESRRR DOES NOT ALLOW YOU TO UTILIZE OUR SOFTWARE TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR INFRINGE ANY PARTY’S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL ACTIVITY OR INFRINGE OTHER’S RIGHTS, THE CONSEQUENT RESULT SHALL BE ON YOUR OWN RESPONSIBILITY. IF YOU DISAGREE WITH THIS ITEM, PLEASE DON’T INSTALL AND/OR USE THE SOFTWARE.
    Adolescents may not use the services provided by Tresrrr to browse the content of any illegal, obscene, pornographic and other violations of public order and morals.
    To the maximum extent permitted by law, the final interpretation is left to our discretion. Should you have any questions concerning this EULA, or if you desire to contact Tresrrr for any reason, please write to us.
    If there is any conflict between this Additional EULA Terms and the “Tresrrr Software END USER LICENSE AGREEMENT”, this Additional EULA terms shall prevail.