Legal Notices



Terms & Conditions

Terms & Conditions

Last Updated: February 10, 2015
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Website

This Website is owned and operated by OTOY Inc. (“OTOY“). By accessing and using this Website, you agree to these Website Terms and Conditions (“Terms”) without qualification. If you do not agree to be bound by these Terms, please do not use this Website and/or Services or continue to use this Website, the Materials and/or Services.

Some Services may also be subject to additional terms and conditions as indicated in those Services (“Additional Terms“). If there is any conflict between these Terms and the Additional Terms, then the Additional Terms take precedence.

Changes

OTOY may periodically revise the terms of these Terms by updating this page. You agree to be bound by subsequent revisions. Accordingly, you should periodically visit this page to review the current Terms.

Passwords

In order to access a Service you may either be issued a unique username and password or be requested to select your own username or password. Where you are requested to select your own password you must not select one which is unsuitable. Unsuitable passwords include number combinations that may be easily guessed and other numbers easily connected with you.

In all cases you must safeguard your password.

All your passwords are personal to you and you must:

(a) at all times maintain the confidentiality of each password and not disclose any password to any third party;
(b) only use a password for the purpose for which it was intended; and
(c) ensure that no one can see you entering your password.

You must immediately notify OTOY of any actual or possible:

(a) disclosure of your password to any other person as soon as you are aware or suspect that your password has been disclosed; and
(b) unauthorized access to this Website or any Service as soon as you suspect or become aware of that unauthorized access.

You must immediately change your password:

(a) as soon as you are aware or suspect that your password has been disclosed; or
(b) you suspect or become aware of any unauthorized access to this Website or any Service.

You are solely responsible for any use of this Website or any Service by any person using your password. You indemnify OTOY against any and all claims arising out of your failure to:

(a) maintain the confidentiality of your password;
(b) take all reasonable steps to prevent disclosure to any person when entering your password;
(c) unreasonably delaying notification to OTOY of the actual or possible disclosure of your password or unauthorized access to this Website; and
(d) leaving a computer unattended when logged on to this Website.

Your password, and therefore further use of the Website, the Materials and/or Services, may be cancelled at any time you are in breach of these Terms.

Restrictions

You may not:

  • copy, replicate, reproduce, distribute, transmit, publish, translate, adapt, modify, vary, decompile, disassemble or reverse engineer any part of this Website, the Materials or the System;
  • make any part of this Website, the Materials or any Service available to any other person to whom the appropriate password has not been issued; or
  • link to this Website in any way which misleads any person regarding any association with the Website or your association with OTOY whether implicitly or expressly.

You must not use or permit the use of this Website, the System or any Service:

(a) which is contrary to any applicable law;

(b) that contravenes the intellectual property, privacy or any other rights of any third party;

(c) which is in any way harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, lewd, profane, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;

(d) for any purpose other than as specifically intended; or

(e) in any way that interferes with the function or accessibility of the Website or that restricts the access of others thereto.

You must not introduce to this Website, or the System or any Service any virus, worm or any other code designed to interrupt, manipulate or damage the Website, the System or any Service in any way.

OTOY has carefully designed the Website with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Website in any way that interferes with that purpose. In particular, OTOY prohibits any party from displaying the content on the Website in any format where third party advertising or other materials that OTOY did not authorize in writing is viewed or viewable together with the proprietary content from the Website.

Privacy of Personal Information

Please see OTOY’s privacy policy at https://home.otoy.com/privacy-policy/ for information about how OTOY collects, uses and discloses information about users of the Services and/or Website.

When you use OTOY’s Services 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; and
(d) Details of the user’s access to the Website and use of the Services.

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 authorize.

OTOY may also use various technologies, including but not limited to Google Analytics, to collect and store information about your visits to OTOY’s website, and your use of its products and Services. Google Analytics is operated externally to, and independently of, OTOY. You can view Google’s privacy policy here http://www.google.co.nz/intl/en/policies/privacy/
OTOY does not 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 Otoy Inc., 1010 Wilshire Blvd. #1604, Los Angeles CA 90017

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 authorize 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.

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; and
(d) product improvements.

As a user of the Services, you acknowledge and agree that OTOY may use any information it obtains relating to you , 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 and Services, such as the content you access, the time and date of your visit, and your use of Services. 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.

Rights to Material and Information

All rights (including intellectual property rights such as copyright) and interest in any Service accessible on this Website, the Website itself, the Materials and any proprietary information accessible via this Website are the exclusive property of OTOY and you agree that no such rights or interests will pass to you.

You agree not to copy or imitate all or any part of the design or layout of the Website.

You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Website or any portion of it. Except as otherwise expressly permitted under copyright law or as otherwise specifically authorized on the Website with respect to specific elements of the Website, you may not copy, redistribute, publish, display or commercially exploit any material from the Website without the express permission of OTOY and, if the copyright owner is other than OTOY, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You hereby grant to OTOY and its affiliates, licensees, successors and assignees worldwide, royalty-free, perpetual, irrevocable, non-exclusive sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to OTOY (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You agree that the rights of OTOY are irrevocable, and you hereby waive any right to seek or obtain rescission or termination of any of OTOY’s rights or any form of equitable or injunctive relief.

Use of Materials

OTOY authorizes you to access and use the Website solely for your personal use. You may not sell or modify the Materials. Except as expressly permitted by the terms of any separate license agreement between you and OTOY that is applicable to specific Materials that you may download or access through the Website, you may not reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. If you violate any part of these Terms, your permission to use the Materials and the Website automatically terminates and you must immediately destroy and copies you have made of any of the Materials. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction from which you may access the Website.

No portion of these Website or Materials is targeted to children, and any minor is required to obtain the consent of his or her parent or legal guardian before using the Website. By accessing the services, you represent and warrant that you are not a minor.

Rules of Conduct for User Interaction and User Generated Content

You are solely responsible for any and all content posted by you on the Website. You also are solely responsible for, and assume any and all risks associated with, reviewing and/or using any content posted on the Website by other users. OTOY does not endorse, edit, verify, vouch for, or control any content posted on the Website by users, and does not guarantee the accuracy or appropriateness of any content posted by users. Users may be held legally liable for any content that they post to the Website, and may be held legally accountable if the content they post includes material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. OTOY reserves the right to monitor any of its user interactions or user generated content at any time to ensure that these rules are being observed.

By using the Website, and in particular by using portions of the Website which includes user generated content, you may be exposed to content which is offensive or otherwise objectionable to you. If you believe that any such content violates this Agreement, OTOY encourages you to contact OTOY. OTOY reserves the right to modify or remove anything submitted, posted, or uploaded to OTOY, at any time for any reason without prior notice. Postings which violate this Agreement may be deleted upon discovery and OTOY reserves the right to terminate or restrict access to the Website of the responsible user(s). However, under no circumstances will OTOY be liable for any errors, omissions, or offensive material contained in any content posted by users, or for any loss, liability, claim, damage, or expense arising from or in connection with your use of any content posted by any users. For any content that you post or upload to the Website, you represent and warrant that (i) you are the owner of all rights in such content or have obtained the written permission of the owner to upload the content and to grant all rights provided for in this agreement, (ii) you have obtained all necessary permissions with respect to all persons, places and things that appear in the content to grant all rights provided for in this agreement, (iii) no part of the content is subject to any claim, lien or encumbrance, and (iv) no use of the content or any part thereof as contemplated herein will violate or infringe any right of any third party. You agree not to collect or store personal data about other users or members, or to submit any posting, e-mail, statement and/or other content that contains or provides links to:

  1. Any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties);
  2. Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  3. Any false “header” (the legend attached to e-mail messages to show the message’s point of origin, route, and destination), falsely configured e-mail or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted, e-mailed or otherwise transmitted through OTOY. Headers of e-mail messages may not be removed or altered to conceal e-mail addresses;
  4. Any Content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information);
  5. Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; this includes, without limitation, “warez” (copyrighted software that is distributed illegally), “MP3″ files of copyrighted music, copyrighted photographs, text, video, or artwork;
  6. Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited e-mail using an OTOY address or containing any references to OTOY (“spam”), “junk mail,” “chain letters,” “pyramid schemes,” or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list.
  7. Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment;
  8. Any material that constitutes “stalking” or any other form of harassment of any member or user of the Website or Materials or any other person;
  9. Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous, obscene or otherwise sexually explicit nature or intent, or that violates local, state, national, and/or international laws;
  10. Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (Including, but not limited to, “hacking,” “cracking,” or “phreaking”);
  11. Any raffle, contest, or sweepstakes or any game involving wagering or otherwise requiring payment of a fee or other consideration by participants;
  12. Any hate propaganda or hate mongering, swearing, or fraudulent material or activity;
  13. Any content that advertises or promotes any product. service or cause;
  14. Any content that solicits funds, advertisers or sponsors;
  15. Any content that disrupts the normal functioning of the Website or any part of the Website ; or
  16. Any content or activity that OTOY, in its sole discretion, deems inappropriate.

Submission/Feedback

OTOY does not accept or consider ideas, suggestions, creative materials or business propositions other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by OTOY or its related parties seem to others to be similar to their own work. If you nevertheless provide any unsolicited ideas, suggestions, creative materials or business propositions to OTOY or if you provide any feedback or suggestions for improving OTOY’s products or services, you hereby grant to OTOY an irrevocable, non-exclusive worldwide perpetual license in the same and OTOY will be free to use the same without compensating you in any way.

Exclusions, Limitations on Access and Termination

The stability and availability of this Website is dependent on the stability and availability of the System, OTOY’s internet service provider, infrastructure hosting provider and the nature of the internet. Accordingly, access to this Website, the Materials and the Services is not guaranteed, represented or warranted whatsoever to be error free, delay free or uninterrupted and OTOY will not be liable for any such errors, delays or interruptions. You agree that OTOY may remove all or any part of the Materials and/or the Services for indefinite periods of time or cancel all or any part of the Services at any time, without notice to you or any other person. OTOY will not be liable to you or any other person if it does so.

The security of information transmitted over the internet cannot be guaranteed and OTOY expressly disclaims (to the maximum extent permitted by law) all liability for any breach of security while information is transmitted over the internet. In addition, OTOY does not guarantee, represent or warrant whatsoever that this Website, the Materials, the System and/or any Service will be free from loss, corruption, attack, viruses (or any kind of malicious code whatsoever), interference, hacking or any other security intrusion.

OTOY in its sole discretion may for security or technical reasons prohibit or restrict your access to this Website, the Materials and/or any Service at any time and without notice to you or any other person.

OTOY may temporarily suspend your access to this Website, the Materials and/or any Service to carry out maintenance, repairs, reconfigurations or upgrades.

OTOY may update or change the content, nature and functionality of this Website, the Materials, the System and/or any Service or discontinue any Service from time to time without notice to you or any other person.

OTOY may in its sole discretion terminate your access to this Website, the Materials and/or any Service at any time without notice to you or any other person.

Information True and Correct

You warrant that all information and details provided by you via this Website are true, correct, complete and accurate in all respects.

No Representations, Warranties or Guarantees

This Website, the Materials and the Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, all representations, warranties (including as to merchantability and suitability for any purpose), undertakings and guarantees, whether express or implied, are excluded and OTOY does not give any representation, warranty, covenant, undertaking or guarantee whatsoever including, without limitation in respect of the availability, accuracy, completeness, currency or reliability of the information provided via this Website, the Materials and/or any Service.

Disclaimers

If you are dissatisfied with any of the materials or services contained in or accessed through the Website, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Website and Materials. OTOY’s rights shall survive any such cessation of use.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, OTOY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.

You assume all risks that the Website, Materials and related products, services and information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error free. Any applications uploaded or downloaded or otherwise obtained through the Website are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. You agree that OTOY shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the Website.

Links

The Website contains links to third party sites that are not under the control of OTOY and OTOY is not responsible for any content on any linked site. If you access a third party site from the Website, then you do so at your own risk. OTOY provides links only as a convenience and the inclusion of the link does not imply that OTOY endorses or accepts any responsibility for the content on those third party sites.

Copyright Complaints

If you believe that your work has been copied and is accessible on the Website in such a manner as to constitute copyright infringement, you may notify OTOY by providing OTOY’s copyright agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

OTOY’s agent for notice of claims of copyright infringement on OTOY may be reached as follows

By email at [email protected]

Other Legal Complaints

If you believe that any content on the Website violates any of your legal rights other than copyright, you may notify OTOY by providing OTOY with the following information:

An electronic or physical signature of the person authorized to act on behalf of the individual whose rights may have been violated.

A description of the material that you believe violates your legal rights and the way in which you believe that your legal rights are violated.

Your address, telephone number and email address

A statement by you under penalty of perjury that the above information in your notice is accurate and that you are the person whose rights may have been violated or you are authorized to act on behalf of such person

Your notice may be sent to the email address for copyright complaints provided above.

Liability

OTOY AND ITS AFFILIATED ENTITIES AND THE EMPLOYEES, CONTRACTORS, ACCOUNTANTS, ATTORNEYS, AGENTS, HEIRS, SUCCESSORS, LICENSEES AND ASSIGNS OF EACH OF THEM (THE “OTOY PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (I) YOUR USE OF THE WEBSITE AND MATERIALS AND (II) ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. THE MAXIMUM LIABILITY OF THE OTOY PARTIES TO YOU FOR ANY CLAIM UNDER ANY LEGAL THEORY RELATED IN ANY WAY TO THIS AGREEMENT OR THE WEBSITE OR MATERIALS WILL BE US$100.

Indemnity

To the fullest extent permitted by law you indemnify and hold the Otoy Parties harmless against:

(a) all costs, losses, claims or liabilities arising from any breach of these Terms by you or any action taken by OTOY as part of an investigation of a suspected breach of these Terms or as a result of OTOY finding or deciding that a breach of these terms has occurred;

(b) all costs, losses, claims or liabilities arising from any third party claims made against OTOY (or any of their respective directors and employees) as a result of any breach of these Terms by you; and

(c) all costs, losses, claims or liabilities of OTOY (and each of its directors and employees) arising from any use of your password not expressly permitted in these Terms.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

Governing Law and Jurisdiction

These Terms are governed by the laws of California and you submit to the exclusive jurisdiction of the Los Angeles, California courts in respect of all matters relating to these Terms and your use of this Website, the Materials and/or any Service.

Entire Agreement.

This agreement and any other specific written terms that OTOY requires you to accept as a condition of access to any feature of the Website or Materials are the entire agreement between the parties and may only be modified as expressly provided in this agreement and in such other written terms.

Printed Terms

A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Defined Terms

In these Terms, unless the context otherwise requires:

“Materials” means any materials provided to you by OTOY or available to you by via this Website.

“Services” means the services accessed or provided via this Website.

“System” means OTOY’s system used to drive, support and administer the Website and provide the Services.

“Website” means this website.

© Copyright OTOY Inc. 2015. All rights reserved.


Privacy Policy

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Terms and Conditions of Trade

OTOY New Zealand Limited

Terms and Conditions of Trade

1) DEFINITIONS
  • "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 downed loaded.

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 20 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.

5) TITLE
  • 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.
  • Due to the electronic/downloadable nature of the software OTOY cannot offer refunds.
  • Payment must be in US Dollars (USD).

7) RISK
  • 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 may also use various technologies, including but not limited to Google Analytics, to collect and store information about your visits to OTOY’s website, and your use of its products and Services. Google Analytics is operated externally to, and independently of, OTOY. You can view Google’s privacy policy here http://www.google.co.nz/intl/en/policies/privacy/

    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.

12) DISCLAIMERS
  • 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.

13) GENERAL
  • 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.

--------------- END ---------------

End User License Agreement

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End User License Agreement (Sculptron)

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OctaneRender Studio OctaneLive Notice

IMPORTANT: OctaneLive™ Activation connection requirements

OctaneRender Studio subscriptions require a reliable internet connection to the OctaneLive servers to function.

Note: Offline USB Dongles are not compatible with OctaneRender Studio subscriptions.



OctaneRender Enterprise OctaneLive Notice

IMPORTANT: OctaneLive™ Activation connection requirements

OctaneRender Enterprise subscriptions require a reliable internet connection to the OctaneLive servers to function.

If you do not have an internet connection on the machine you are planning to install OctaneRender™ Enterprise on, you will need to subscribe to the Yearly plan and then purchase an Offline USB Dongle and transfer your licenses onto the dongle.

Please note:

  • OctaneRender Offline USB Dongles require periodical updating, and this requires an internet connection on the machine performing the update.
  • OctaneRender Offline USB Dongles are not supported by OctaneRender Enterprise monthly subscriptions, you will need to subscribe to the OctaneRender Enterprise yearly subscription if you wish to use a dongle.



OctaneRender Enterprise Box License OctaneLive Notice

IMPORTANT: OctaneLive™ Activation connection requirements

OctaneRender™ requires an internet connection to be present on startup to activate and again to deactivate on exit. If you do not have an internet connection on the machine you are planning to install OctaneRender™ on, you will need to purchase an Offline USB Dongle and transfer your licenses onto the dongle.

(Please note that dongles require periodical updating, and this requires an internet connection on the machine performing the update)



OctaneRender Beta Program Notice

The OctaneRender® Beta Program

The OctaneRender beta program allows users to buy a license for beta OctaneRender products, at a reduced price. Beta licenses continue to be valid after the final release of the product, with the same privileges as a license purchased post-release (eg: free minor version updates like 3.0 to 3.1).

It is important to note that Beta software is often not feature complete, however OctaneRender Beta products are usually quite mature and can be used for professional purposes (unless otherwise specified).