Note that all versions of OctaneRender™ as of v1.0 beta 2.52 and higher require an internet connection to be present during the license activation stage and for sharing content with community users. If you do not have an internet connection on the machine you are planning to install OctaneRender™ on, you should consider getting a low speed mobile connection, or any other temporary connection to activate the software during the first install. Once the software has been activated online, you can run it without an internet connection, although you need it again to upgrade the software, or use the online sharing features.
Yes, I accept the terms and conditions
By purchasing any product license you agree to our Terms and Conditions of Trade displayed here.
OTOY NEW ZEALAND LIMITED
TERMS AND CONDITIONS OF TRADE
"OTOY" means OTOY New Zealand Limited.
"Software" means the computer programs developed by OTOY and made available for use pursuant to a licence purchase transaction.
"Terms and Conditions" means these terms and conditions of supply contained herein.
"you" or "your" means any person, company, incorporation and or entity of any description purchasing a license to use the Software.
2) ACCEPTANCE OF THESE TERMS AND CONDITIONS
You agree to be bound by these terms of conditions of trade and they alone shall govern any transaction between you and OTOY.
You agree we may unilaterally alter these Terms and Conditions as and when we so choose to with you agreeing to be bound by such new terms as and when we electronically publish them to you.
You agree that these Terms and Conditions apply to any Software you purchase from OTOY and no other terms whatsoever.
3) ACCEPTANCE OF ORDER FOR SOFTWARE
Any order from you to OTOY for the use of the Software will only be binding upon OTOY’s electronic confirmation to you that OTOY has accepted your order.
You are responsible for your order and we make no representation as to the Software being suitable for your purpose whatsoever.
OTOY retains all rights of ownership in the Software and only provides you with a limited right to use the Software.
Should you not make payment for the Software within 3 days of our acceptance or your order then OTOY may automatically revoke any agreement with you for the supply of the Software without any liability to you.
OTOY reserves the right in its sole discretion to decline any order and may withdraw from any agreement to supply you with the Software should you have not paid for the Software within 3 days of OTOY accepting your order and or OTOY discovering that you are in breach of any of your obligations pursuant to clause 5 below.
Where OTOY cancels an order from you it is entitled to seek confirmation from you that you have deleted entirely any Software you may already have downloaded.
4) DELIVERY & USAGE
OTOY does not take responsibility for any time of delivery requirement you may have concerning the delivery of the Software to you.
The Software may only be obtained via downloads with usage instructions and documentation included in the download.
You agree that you may use the software supplied on licensed workstations for your own purposes (non–exclusive license). A maximum of 12 GPU's may be used. You will not attempt to circumvent the physical GPU or single machine license limit, including obfuscating or impairment of the direct communication between Octane and the physical GPUs, virtualization, shimming, custom BIOS etc.
OTOY retains all rights of ownership in the Software and only provides you with a limited right to use the Software.
OTOY shall retain all copyright, patent, trade-marks and intellectual property in the Software.
You are not authorised to transmit the Software to any third party whatsoever and shall make all reasonable endeavours to ensure that the Software is not made available to any other third party.
You will not attempt to reverse engineer, disassemble and or recreate the Software in any way whatsoever.
The Software license granted to you shall be in respect of 1 work- station only unless You have purchased licenses for more than 1 work station.
6) PRICE AND PAYMENT
You can make payment by bank transfer, Paypal or credit card.
You have no right of offset against any other claim you may have against OTOY.
The full price for the use of the Software must be made in one payment.
OTOY reserves the right to alter the price at its sole discretion.
Payment must be in Euros.
You accept fully any accidental loss and accidental deterioration of the Software.
Risk passes to you from the time that OTOY accepts your order.
8) LIMITATION OF LIABILITY
OTOY provides no warranty as to fitness for purpose in respect of the Software.
Notwithstanding any other wording in these terms and conditions OTOY shall have no liability to you whatsoever other than for the price of the Software.
OTOY shall have no liability whatsoever to you for any loss whatsoever, whether it be economic, consequential and or direct loss and its maximum liability shall be to reimburse you for the cost of the Software charged to you.
9) PRIVACY OF PERSONAL INFORMATION
Personal information is information about an identifiable individual, as defined by the Privacy Act 1993. Where OTOY has collected and stored your personal information it does so in accordance with the provisions of, and its obligations under, the Privacy Act.
When you use OTOY New Zealand Limited’s (“OTOY”) products, Services, software and / or Website, OTOY collects information about you , like your name, postal address, e-mail address, age, industry, location, IP address, GPU’s, browser information, and other information to and including that related to your use of OTOY’s website, such as
(a) Details of the user (including name, address, telephone and facsimile numbers and e-mail addresses);
(b) Details of the user’s sales history (including product or service purchased price and date of purchase);
(c) Details of the user’s forum posts;
(d) Details of the user’s access to the Website and use of the Services.
All personal information collected by OTOY is used for or in connection with its business. As a user of OTOY’s products, Services, software and / or Website, you acknowledge and agree that OTOY may hold, use and / or disclose the information it collects to send you important information relating to OTOY’s products, software and Services, including changes to our terms, conditions and policies, or for other administrative purposes, for business purposes, such as statistical and other data analysis, improving our products and services and identifying usage trends, providing our services to you, promotional and marketing purposes, internal research purposes, to protect OTOY’s legal rights, and for any other use that you authorise.
OTOY will take all reasonable steps to ensure that any personal information OTOY collects is secure, accurate and up to date, and that it is protected against loss, unauthorised access, use and modification, or misuse. However, although OTOY will take all reasonable steps to ensure the protection of your personal information, OTOY cannot 100% guarantee the security of your personal information. Please contact OTOY immediately if you believe your personal information is no longer secure.
Where OTOY holds personal information relating to you, and that personal information is readily retrievable, you are entitled to obtain confirmation of whether OTOY holds that personal information, and to have access to, and to request correction of, that information. Any enquiries relating to your personal information, and any requests to access, correct, update or remove your information, or any complaint about a breach of your privacy, should be sent to OTOY at PO Box 34391, Birkenhead, Auckland 0746, New Zealand.
Your personal information will be stored by OTOY on its databases, and may be stored and processed in the United States of America, or in other countries where OTOY has facilities. By using OTOY’s products, software and Services you consent to the transfer of information to countries outside of New Zealand, including the United States of America, which have different data protection rules than New Zealand.
OTOY will retain your personal information for the period required by law and / or necessary to fulfil the purposes outlined in this privacy statement.
If you advise OTOY that you do not want it to collect any or all of your personal information, then, depending on the nature of the information you do not authorise OTOY to collect, OTOY may not be able to allow you user access to forums, enable software updates which would otherwise be available to the individual user, or provide other similar benefits or services. This may also otherwise affect OTOY’s ability to provide you with its products and / or Services.
10) THIRD PARTIES
You acknowledge and agree that OTOY may provide all information collected to third parties for purposes including
(a) administering, managing and monitoring the Website, products and Services
(b) conducting market research, data processing and statistical analysis and reporting
(c) verification and training purposes
(d) product improvements
When OTOY discloses your personal information to third parties, it will take all reasonable steps, where possible, to require that the third party protect your information from any unauthorised use or disclosure.
11) YOUR INFORMATION
As a user of this software, you acknowledge and agree that OTOY may use any information it obtains relating to you (not being an “individual” for the purposes of the Privacy Act), including, without limitation, your name, postal address, email address, age, industry and location, IP address, browser information, company size, relevant systems data, and other information related to your use of OTOY’s Website products and Services, such as the content you access, the time and date of your visit, your use of products, in so far as that information is not “personal information” for the purposes of the Privacy Act.
This information may be used by OTOY for administrative and business purposes including but not limited to statistical and other data analysis, and promotional and marketing purposes.
OTOY and all its affiliated entities, directors, officers, agents and employees:
Make no express or implied warranty or representation in connection with the Software (including with respect to type, quality, standard of fitness for any purpose).
Are not liable for any loss you suffer (including indirect or consequential loss) arising in connection with the Software.
Where OTOY is liable for a breach of these Terms and Conditions, then its liability will exclude any indirect or consequential loss you may suffer. OTOY’s liability is, in any event, limited to reimbursement of the price paid by you for the Software
All conditions, warranties or other terms implied by law are excluded to the fullest extent permitted by applicable laws and regulations.
Any failure or delay by OTOY to enforce a term of these Terms and Conditions does not mean a waiver of them.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Auckland.
In the event of any breach of this contract by OTOY then your remedy shall be limited to the price of the Software.
You shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to you by OTOY nor to withhold payment of any invoice because part of that invoice is in dispute.
OTOY reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which OTOY notifies you of such change.
The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
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